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Mountain Bike Rental Form & Waiver

AGREEMENT FOR USE OF BICYCLE, RELEASE, AND WAIVER OF LIABILITY

PLEASE READ CAREFULLY BEFORE SIGNING:

I and/or my child wish to rent a bicycle or other equipment from Beech Mountain Resort, Inc. (“BMRI”) and/or take bicycle lessons from BMRI and I/we agree to all terms of this Agreement as a condition of doing so.


SECTION I RELEASE:  I agree that this AGREEMENT FOR USE OF BICYCLE AND RELEASE AND WAIVER OF LIABILITY is governed by and intended to be as broad and inclusive as permitted by the laws of North Carolina and that the exclusive jurisdiction for any claims is the Superior Court of Avery County, North Carolina.  By signing this form, I am acknowledging that I am (or my child is) physically and mentally able to ride a bicycle and I am familiar with riding a bicycle and the risks involved with this activity.  I expressly assume all risk of loss, damage or injury that may result from using the bicycle, including the risk due to negligence on the part of BMRI.  I agree to fully release and discharge BMRI, its owners, employees, agents and Group Rossignol USA, Inc. (the manufacturer of the bicycle) from any and all claims, including but not limited to injuries to myself or any other person or property, arising out of my use or my child’s use of the bicycle.  I specifically agree to release BMRI for its negligence in causing any injury to me or any child for whom I am responsible.  I agree to indemnify BMRI for any claims arising out of my use or my child’s use of the bicycle or other equipment. I recognize that INJURIES ARE A COMMON AND ORDINARY OCCURRENCE.  In light of the rapid development and spread of the novel COVID-19 virus and the resulting pandemic, I also realize that naturally occurring disease processes (including, but not limited to, COVID-19) can exist throughout the resort property.  I have the sole responsibility to safeguard myself and my minor child and assume the inherent risk of exposure to the COVID-19 virus.  I have made a voluntary choice to participate in this Biking Activity despite the risks, dangers and hazards that it presents.    


SECTION II:  EQUIPMENT RENTAL:  Late returns are subject to fees.  I assume full responsibility for the bicycle and any other equipment rented or included in the rental.  I agree to compensate BMRI, at the full retail value, for damages and/or theft of equipment during the rental period.  BMRI is not responsible for participants who incur equipment malfunction (i.e. flat tire) during the rental period.  Upon request, extra bike tubes and tools can be provided to participants for use with rental equipment.  BMRI will do its best to resolve any malfunctions, but this service is not guaranteed.

SECTION III: REPRESENTATIONS AND SIGNATURES:  I acknowledge that I have executed this AGREEMENT FOR USE OF BICYCLE AND RELEASE AND WAIVER OF LIABILITY in order to use the equipment and/or participate in a tour/lesson.  By signing this form, I acknowledge that I am at least 18 years of age.  For each participant who is a minor, the adult participant signing on his/her behalf represents and warrants to BMRI that he/she is the legal guardian of that minor and possesses full legal authority to release and waive claims, and to covenant not to sue on that minor’s behalf.  By signing for a minor, I am agreeing that I am their parent or legal guardian and am releasing BMRI from any claims, lawsuits or responsibilities for that minor. 

SECTION IV: HELMETS – BMRI requires that all participants wear a proper helmet and seek instruction from staff in the safe operation of all equipment.  

I understand and agree that bicycle riding is a hazardous activity, and that severe, disabling and life-threatening injuries may result from crashes, falling, collisions with vehicles or other bicycles, pedestrians, curbs or other fixed or moving obstacles, loss of control, rain, ice, snow and other conditions, darkness and other impediments to visibility, changes in terrain, and other hazards, all of which are inherent risks of cycling that I agree to assume.  I understand and agree that I am solely responsible for selecting when, whether, how and where to ride. Neither Rossignol, BMRI, nor any of their officers, agents, employees, affiliates or others named as Released Parties in this Agreement make any warranties or representations regarding the suitability or safety any particular site or area for testing or riding a bicycle, and I understand and agree that all areas, including streets, sidewalks, parking lots, parks, bike paths, bike lanes and other locations and facilities each present unique combinations of hazards for which Customer is solely responsible.

ALL TICKET AND RENTAL PURCHASES ARE FINAL. THERE ARE NO REFUNDS. 

 

First Rider's Name

First Name*

Middle Name

Last Name*

Phone*
First Rider's Date of Birth*
First Rider's Signature*
Second Rider's Name

First Name*

Middle Name

Last Name*
Second Rider's Date of Birth*
Third Rider's Name

First Name*

Middle Name

Last Name*
Third Rider's Date of Birth*
Fourth Rider's Name

First Name*

Middle Name

Last Name*
Fourth Rider's Date of Birth*
Fifth Rider's Name

First Name*

Middle Name

Last Name*
Fifth Rider's Date of Birth*
Sixth Rider's Name

First Name*

Middle Name

Last Name*
Sixth Rider's Date of Birth*
Seventh Rider's Name

First Name*

Middle Name

Last Name*
Seventh Rider's Date of Birth*
Eighth Rider's Name

First Name*

Middle Name

Last Name*
Eighth Rider's Date of Birth*
Ninth Rider's Name

First Name*

Middle Name

Last Name*
Ninth Rider's Date of Birth*
Tenth Rider's Name

First Name*

Middle Name

Last Name*
Tenth Rider's Date of Birth*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Almost Done...

What is the date you are renting a bike from BMRI? *
What type of mountain bike are you renting today?*
Enduro
Downhill
Youth
E-Bike
Need anything else?
Full Faced Helmet
Body Armor- Knee & Elbow Pads
Full Faced Helmet & Body Armor
No thanks, I brought my own helmet and body armor
Would you like to receive text updates?*
Yes
No
Bike Insurance
Do you decline insurance on the bike you are renting?*
No
Yes
I understand that by declining insurance, I am fully responsible for any damages/theft to equipment during the rental period. I agree to compensate BMRI, at the full retail value, for damages and/or theft of equipment during the rental period. I understand that bike insurance covers damage to all components, cost of replacement parts, and cost of labor. I understand that bike insurance does not cover catastrophic frame damage due to a crash. The cost for a replacement frame is $800.*
Yes
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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