I, the participant (“Participant”), acknowledge that participation in a LifeCycle Adventures Cycling Tour (“Tour” or “Tours”) carries with it the potential for property loss, serious injury and death. The risks include but are not limited to terrain, facilities, temperature, weather, equipment, vehicular traffic, dehydration and the actions of other people including guides, drivers and other participants. These risks are inherent in athletic pursuits and cycling. I certify that I am physically fit and capable of participating in all-day, multi-day cycling tours and have not been advised otherwise by a qualified medical professional.
I FULLY ACCEPT AND ASSUME ALL RISKS OF PARTICIPATING IN THE TOUR AND ACCEPT SOLE AND ABSOLUTE PERSONAL RESPONSIBILITY FOR ANY INJURIES, DAMAGES AND EXPENSES ARISING FROM MY PARTICIPATION.
I acknowledge that this Release of Liability Agreement (the “Release”) is made for the benefit of the following persons or entities: LifeCycle Adventures LLC, Springwater Adventures, LLC and each of the aforementioned Companies employees, members, managers, officers, agents, contractors and owners, and the respective successors and assigns of LifeCycle Adventures LLC (individually and collectively “Releasees”).
I acknowledge that the cost of all Tours is based upon Tour participants executing the Release. Therefore, as lawful consideration for being permitted to participate on such Tour(s), I RELEASE AND DISCHARGE RELEASEES FROM ANY AND ALL LIABILITY, AND WAIVE ALL CLAIMS, SUITS, AND ACTIONS OF ANY KIND AGAINST RELEASEES, FOR DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, THEFT, AND ANY OTHER LOSS OR DAMAGES INCURRED THAT MAY HEREAFTER ACCRUE TO ME, MY EXECUTORS, ADMINISTRATORS, HEIRS, NEXT OF KIN, SUCCESSORS AND ASSIGNS ARISING OUT OF OR IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THE TOUR INCLUDING CLAIMS ARISING FROM THE RELEASEES OWN NEGLIGENCE.
The Releasees do not own or operate entities which provide, or are to provide, goods or services for your Tour including, for example, accommodation, transport, food, equipment, recreational, adventure or other activities (regardless of whether such activities are included as part of your Tour itinerary), etc. As a result, the Releasees are not liable for any negligent or willful act or failure to act of any such other third party. For the avoidance of doubt, bicycles used on Tours can be supplied by a third party and the Releasees are not liable for these bicycles or any negligent or willful act or failure to act by the third-party suppliers of these bicycles.
If I rent or borrow equipment including a bicycle (“Equipment”) from the Releasees, I acknowledge that under all circumstances it is my responsibility to return the Equipment at the end of my Tour. In the event any Equipment is lost, stolen or damaged, I agree to immediately pay LifeCycle Adventures LLC the total cost to replace or repair the Equipment plus any rental charges previously agreed. Equipment damage repair or replacements will be charged at retail cost.
I acknowledge that 1) flat tires are an inherent risk of bicycle riding; and 2) Releasees do not provide lights for its rental bicycles, making them unsafe and illegal to ride after dark.
I understand that the Releasees do not carry or maintain health, medical, or disability insurance coverage for any Participant. I certify that I have or will obtain insurance to cover me in the event that I need medical treatment and to cover any losses associated with participation in this Tour.
I will indemnify, defend and hold harmless all Releasees from all costs, losses, claims, liabilities, damages, or expenses incurred by such Releasees as a result of my actions or omissions during the Tour. This Release shall be construed broadly to provide a release and waiver to the maximum extent possible under applicable law. It shall not be modified in any way. If any part of this Release is determined to be invalid by law, all other parts of this Release shall remain valid and enforceable.
I agree that any dispute, controversy, or claim arising out of or in connection with or relating to any aspect of the Tour or this Release will be resolved exclusively by BINDING ARBITRATION according to the then existing commercial rules of the American Arbitration Association in Portland, Oregon pursuant to its arbitration rules. Any award rendered shall be final and conclusive upon the Participant and Releasees (collectively, the Parties) and a judgment thereon may be entered in the highest court of the forum, state, or federal, having jurisdiction. Arbitration is the sole and exclusive process for the pursuit of all claims. The Parties understand and agree that any claims within the scope of arbitration that are not brought or pursued within the time and other requirements of arbitration, are forever waived and cannot be pursued in another forum.
I understand that Releasees reserve the right to take photographic or film records of any of its Tours and hereby agree that Releasees may use any such photographic or film records for marketing, promotional and/or commercial purposes. I also approve of such use by third parties whom Releasees may engage, without any remuneration to me. I hereby assign all right, title, and interest I may have in or to any and all media in which my name or likeness might be used by Releasees.
I agree to follow all written and verbal rules of safety presented to me by the Releasees. Releasees reserve the right to make route, accommodation and other logistical modifications as required or desirable to improve the Tour quality and/or to accommodate the comfort and well-being of guests.
I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident or illness during the Tour. I recognize that the Releasees are not medically qualified and agree to indemnify, defend and hold harmless all Releasees from any costs, losses, claims, liabilities, damages, or expenses incurred by me due to receiving such treatment.
I CERTIFY THAT I HAVE CAREFULLY READ AND FULLY UNDERSTOOD THIS DOCUMENT AND UNDERSTAND ITS CONTENT AND RAMIFICATIONS. I UNDERSTAND THAT THIS IS A LEGALLY BINDING AND ENFORCEABLE CONTRACT AND SIGN IT OF MY OWN FREE WILL.
I AGREE TO THE TERMS OF THIS RELEASE.