ABOUT THIS EVENT
Kids Ride Shotgun is hosting a guided group ride-out activity (the "KRS Activity") at a cycling event identified at the top of this form (the "Event"). The KRS Activity involves the use of Kids Ride Shotgun child bike seats and related products, which allow children to ride safely with an adult on a single bicycle.
The KRS Activity is organized by Kids Ride Shotgun Inc., a Delaware corporation, and its parent company Kids Ride Shotgun Limited, a New Zealand company, both with principal offices at 1/16 Tyne Street, Mount Maunganui, New Zealand 3116 (together, "Kids Ride Shotgun," "we," or "us"). The Event is organized independently of Kids Ride Shotgun, and this waiver covers the KRS Activity only.
A — Participant Eligibility The KRS Activity is open to adults and children. All children must be accompanied by a parent or legal guardian who is actively riding with them. The minimum child age for participation is 9 months. By signing this form, the adult participant confirms they are the parent or legal guardian of any minor children listed and accepts full responsibility for the supervision, safety, and conduct of those children at all times during the KRS Activity.
B — No Instruction or Supervision The KRS Activity is not a lesson, coaching session, or supervised childcare activity. Kids Ride Shotgun does not provide riding instruction, technique guidance, or ongoing supervision of participants. Each participant is solely responsible for their own riding decisions and for the supervision, safety, and conduct of any minor children in their care at all times.
GENERAL TERMS
Governing Law. This form is governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. To the extent any dispute is not subject to arbitration under this form, it shall be resolved in the state or federal courts located in the county in which the KRS Activity takes place.
Severability. If any provision of this form is found to be unenforceable, the remaining provisions continue in full force.
Entire Agreement. This form constitutes the entire agreement between you and Kids Ride Shotgun regarding the KRS Activity and supersedes any prior communications. It does not affect, modify, or supersede any separate agreement between you and the Event Organizer.
Electronic Signature. You agree that your electronic signature is legally binding to the same extent as a handwritten signature under applicable law, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN).
Arbitration and Dispute Resolution. Any and all disputes or claims arising out of or relating to this form, the KRS Activity, personal injury (including death), property damage, or the scope, interpretation, or validity of this form shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. Arbitration shall take place in the county in which the KRS Activity takes place, or at such other location as the parties mutually agree. The arbitrator shall have no authority to award punitive or exemplary damages. Each party shall bring claims only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding — by signing this form, you waive any right to bring or participate in a class action. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
WAIVER AND RELEASE OF LIABILITY
What Are the Risks?
Cycling and outdoor activities involve real risks. By participating in the KRS Activity — whether as an adult rider or as the parent/guardian of a child participant — you acknowledge that the following risks exist, among others:
- Falls, collisions, and loss of control of a bicycle - Uneven, unpaved, wet, or slippery terrain - Contact with other riders, pedestrians, vehicles, or objects - Failure, malfunction, or misuse of the Shotgun arm system or any bicycle or equipment - Sun, heat, dehydration, or other environmental conditions - Physical exertion beyond your or your child's fitness level - Actions of other participants, spectators, or third parties You understand that some of these risks cannot be eliminated even when Kids Ride Shotgun takes reasonable precautions.
Participant Representations
By signing this form, you represent that:
- You are in good health and physically fit (and, if signing for a minor, that your child is fit) to participate in the KRS Activity - You have not been advised against participating by a qualified health professional - You are at least 18 years of age (or, if signing for a minor, you are that child's parent or legal guardian) - You will follow all rules, staff instructions, and venue regulations during the KRS Activity - You and your child will wear a properly fitted helmet at all times while riding - Any bicycle and equipment used by you or your child is in safe, working condition
Your Agreement
In consideration of being permitted to participate in the KRS Activity, you freely and voluntarily agree as follows:
a. Assumption of Risk. You voluntarily and knowingly accept and assume all risks of bodily injury, permanent disability, paralysis, death, or property damage — including risks arising from equipment malfunction or defect, whether or not the Shotgun arm system or any bicycle or equipment was manufactured by Kids Ride Shotgun — arising from participation in the KRS Activity, including risks caused in whole or in part by the negligence or fault of the Released Parties. You acknowledge that Kids Ride Shotgun does not manufacture all equipment used in the KRS Activity and shall not be liable for alleged defects in equipment manufactured or supplied by third parties.
b. Release of Liability. You release, waive, and forever discharge Kids Ride Shotgun Inc., Kids Ride Shotgun Limited, and each of their officers, directors, employees, volunteers, agents, sponsors, insurers, equipment suppliers, manufacturers, and event venue operators (collectively, the “Released Parties”) from any and all causes of action, suits, claims, demands, losses, damages, or liability of any kind — whether in law or equity, known or unknown — arising out of your or your child’s participation in the KRS Activity, including claims based on negligence, first aid or medical treatment provided or not provided, or personal injury up to and including death. This release applies regardless of how any injury or accident occurs.
c. Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from any and all losses, liability, claims, costs, damages, and expenses — including attorneys’ fees — arising from: (i) your or your child’s participation in the KRS Activity; (ii) your breach of any representation in this form; or (iii) your signing this form without actual legal authority to do so on behalf of any individual named herein, including any minor. This indemnification obligation extends to any actions brought by or on behalf of a minor named in this form.
d. Medical Authorization. If you or your child requires emergency medical attention during the KRS Activity and you cannot be reached, you authorize the Released Parties and emergency personnel to arrange or provide medical treatment. You agree to be responsible for any costs incurred.
e. Covenant Not to Sue. You agree that you WILL NOT SUE OR MAKE A CLAIM against the Released Parties for any damages or losses sustained by you or any minor named herein arising from participation in the KRS Activity, including claims based on the sole negligence or fault of the Released Parties.
f. Property Liability. You agree that the Released Parties are not liable for any personal property — including bicycles, helmets, or other gear — that is lost, stolen, or damaged while participating in or attending the KRS Activity, whether or not the Released Parties were negligent.
g. Incident Reporting. In the event of any injury to you or your child during the KRS Activity, you agree to notify Kids Ride Shotgun staff before leaving the event venue on the date of the injury. You acknowledge that Kids Ride Shotgun may not retain event recordings or documentation beyond thirty (30) days.
h. Authorization to Sign. By signing this form, you represent, to the best of your knowledge, that you are actually authorized to sign on behalf of all individuals named herein, including any minor child. You acknowledge that Kids Ride Shotgun is relying on this representation before permitting participation. You understand that a fraudulent or inaccurate representation may subject you to independent legal liability, including defense and indemnification obligations.
Waiver of Unknown Claims
You expressly waive any right to claims you do not currently know or suspect exist in your favor. This includes, without limitation, your rights under California Civil Code Section 1542.
If You Are Signing for a Minor
If you are the parent or legal guardian of a minor child listed, you are signing this waiver on that child's behalf. You represent that you have the legal authority to do so, and your agreement includes all terms above as they apply to your child.
FINAL AGREEMENT
By signing below, you confirm that you have read and understood this entire form and that you are giving up substantial legal rights, including the right to sue.
MEDIA RELEASE AND CONSENT
What We May Capture
During the KRS Activity, Kids Ride Shotgun and its authorized photographers, videographers, and media partners may capture photographs, videos, audio recordings, or other content that may include you and/or your child (collectively, "Content").
How We May Use It
By agreeing to this waiver, you grant Kids Ride Shotgun a royalty-free, worldwide, perpetual license to use, reproduce, edit, publish, and distribute the Content in any media, including but not limited to:
- Social media (Instagram, Facebook, YouTube, TikTok, and others) - Kids Ride Shotgun’s website and marketing materials - Press, advertising, and promotional campaigns - Product packaging and trade show materials
What We Won't Do
We will not use the Content in any way that is defamatory, misleading, or that puts you or your child in a false light. We will not sell the Content to third parties for their independent commercial use.
No Compensation
You understand that you will not receive payment or any other compensation for the use of the Content.
If You Are Consenting on Behalf of a Minor
If you are the parent or legal guardian of a minor child listed, you are providing this media consent on that child’s behalf and represent that you have the legal authority to do so.
MEDIA CONSENT — REQUIRED FOR PARTICIPATION
Participation in this activity requires consent to media use as described above. I Agree to media use as described above and understand it is required for participationIf you have any concerns about media use, please contact jordyn@kidsrideshotgun.com.
While we cannot guarantee that you or your child will not appear in the background of photos or video, we aim to focus on group imagery. If close-up content is being captured, we will do our best to inform participants where possible. | 