Terms and Conditions of purchasing route and tour plans from Velo Girl Rides LLC
In consideration of purchasing and using a bicycling route or bicycle tour plan (“Product”) from Velo Girl Rides LLC, I hereby, for myself, my personal representatives, my heirs, my executors and administrators:
- ACKNOWLEDGE, agree and represent that I understand the nature of bicycling activities, I am voluntarily participating, and that I am qualified, in good health, and in proper physical condition to participate in such strenuous activity. I further acknowledge that the Product provided may include travel on public and private roads open to motor vehicles and upon which the hazards and dangers of travelling are to be expected, including the dangers of injury or death due to other vehicles on public and private roads. I acknowledge that the Product is subject to constantly changing conditions due to regular use of public and private roads and trails, weather conditions and routine maintenance.
I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further use of the Product.
- FULLY UNDERSTAND AND ACKNOWLEDGE that the enjoyment and excitement of this kind of activity is derived in part from the inherent risks beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation, despite the risks and dangers such as but not limited to:
- negligence with regard to my selection and use of the bicycle or maintenance of the bicycle, including the risk of injury or death due to failure of tires or tubes, the pedals and/or the attachment of my shoes to the pedals, or the failure of any part of the bicycle;
- the risk of injury or death due to motor vehicles on public and private roads used during the Event; unsafe roads with loose gravel, potholes, washouts, cracks and fissures, and other hazards encountered on public and private roads used by the Product; sections of gravel or dirt roads, bike paths and greenways, or any other “off road” path used by the Product;
- the risk of injury or death due to colliding with or otherwise encountering animals such as dogs, cows, horses and other animals that may be loose on public and private roads used during the bicycle ride; the risks as a result of encountering wildlife such as bears, turkeys, groundhogs, raccoons, and reptiles during the Event, particularly during descents;
- physical exertion for which I am not prepared, or have not prepared adequately, the environmental conditions such as ice on the roads or hot weather, which may affect my physical conditioning or mental status;
- consumption of alcoholic beverages; risks associated with food or impure water; carrying or having access to adequate water while exercising in demanding conditions;
- accident or illness without immediate access to 9-1-1 or first responders, without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided;
- negligence in the maintenance or operation of any motor vehicle utilized by myself to transport me, my bicycle or other items, etc.; and
- stolen, lost, or misplaced bicycles, luggage or property and theft or break-ins into vehicles, lodging rooms or elsewhere.
I understand that the risks described herein (“Risks”) may be caused by my own actions, or inactions, the actions or inactions of others traveling along the route used in the Product; by the conditions found along the route used in the Product; or by the negligence of the “Releasee” named below.
I further understand that there may be other risks and social and economic losses either not known to me, or not readily foreseeable at this time, and I AM AWARE OF SUCH RISKS AND FULLY ACCEPT AND ASSUME ALL SUCH RISKS, AND ALL RESPONSIBILITY FOR LOSSES, COSTS, DAMAGES and CONSEQUENTIAL DAMAGES that I incur as a result of use of the Product.
HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE Velo Girl Rides LLC FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, or CONSEQUENTIAL DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEE”; and I further agree that if despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against the Releasee, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS THE RELEASEE from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of the agreement is to be invalid, the balance notwithstanding shall continue in full force and effect.