WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
I desire to participate in the activity described above, and all activities related or connected thereto (the “Activity”), organized by Crossroads Bike Tours, LLC (the “Company”). In consideration of being permitted to participate in the Activity, I hereby agree to all the terms of this Waiver of Rights and Release of Liability, Assumption of Risk, and Indemnification Agreement (this "Agreement ").
Assumption of Risk: I understand that participation in the Activity involves inherent risksand dangers, including serious injury or death, contact with other participants, equipment failure, inadequate safety equipment, imperfect trail conditions, imperfect weather conditions, and property damage or loss. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand the risks involved, and I voluntarily and freely assume the risks of the Activity and those risks that may occur as a result of my participation in the Activity.
Release from Liability: I fully and forever waive, release, and discharge Company and its respective affiliates, members, employees, agents, successors, assigns, and all others involved in the Activity (collectively “Releasees”) from any and all injuries, losses, damages, claims, demands, lawsuits, expenses, including attorney fees and any other liability of any kind (collectively “Claims”) arising out of or in connection with my participation in the Activity, even if it is due to the negligence, omission, or other fault of Releasees.
Indemnity: I agree todefend, indemnify, and hold harmless Releasees from and against any and all Claims incurred by Releasees or paid by them to any person resulting from or related to my participation in the Activity.
Health and Safety: I represent that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity. If at any time I believe conditions to be unsafe or am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation, assuming all risks inherent in discontinuing further participation. I agree to: (a) follow any and all instructions, recommendations, and cautions of Company, its employees, and its agents at all times during the Activity; (b) comply with all applicable laws and trail rules while participating in the Activity; (c) not operate any bicycle during the Activity while under the influence of any intoxicant, prescription medicine, or other drug that would impair my ability to operate a bicycle; (d) wear a bicycling helmet at all times during the Activity; and (e) accept responsibility for the condition and adequacy of my riding equipment and any equipment provided for my use.
Publicity: I grant Company an irrevocable and unrestricted right, license, and authority to use my name, photos, and likeness, at Company’s sole discretion, for informational and marketing purposes.
Medical Treatment and Expenses: I consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Activity. I understand that I am solely responsible for all costs related to such medical treatment or medical transportation.
Miscellaneous:This Agreement shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, and heirs. If any portion of this Agreement is held invalid, the remainder shall not be affected and shall continue in full force and effect. The terms of this Agreement shall continue from this date forever.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL RIGHTS. I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME.