This Liability Waiver Acknowledgement and Release Agreement ("Agreement") is between Bike and the Like, LLC ("Bike and the Like") and myself, the customer of Bike and the Like that has agreed to this Agreement ("Participant").
Participant has read, understands, and agrees with the following and acknowledges the same by Participant's electronic signature on the Bike and the Like online Registration Form in the box provided. Participant also understands that Bike and the Like requires that, prior to participating in any of Bike and the Like's bike tour activities ("Program") and the Program's accompanying events ("Events"), unless and until Participant agrees-to this Agreement, Participant will not be permitted to participate in any Program and Events. The Program and Events consists of traveling to participate in cycling tours in Europe and/or the United States wherein the Participant will be using bikes provided by Bike and the Like to cycle on roads and trails, and the Participant will be visiting many different sites. Through the Program and Events, Participant may also be traveling in motor vehicles (including cars, vans, lifts, and gondolas), traveling on boats, hiking and/or walking at various destinations, and eating food provided by Bike and the Like during the Program and Events.
I (as the Participant)acknowledge and agree that: Bike and the Like has made no representation or warranty as to the suitability of the Program or Events for any specific purpose; and Bike and the Like shall not undertake responsibility, nor shall it be liable for the actions of me (the Participant) or any party in the Program or Events. I (as the Participant) further acknowledge and agree that Bike and the Like and its officers, employees, staff, agents, servants, the owner of the venue of any part of the Program, sponsors, or independent contractors shall not be responsible for any loss, costs, damages, consequential or punitive, or liability incurred by Participant of any nature including, but not limited to, those arising from any form of negligence, gross negligence, strict liability, reckless misconduct, intentional torts, personal injury, or criminal activity; and I (as the Participant) waive my right to seek such legal redress for these causes of action. Participant shall indemnify, defend, and hold Bike and the Like, its officers, employees, staff, agents, the owner of the venue of the Program and Events, servants, sponsors, or independent contractors harmless from and against all liability, whether intentional or otherwise, in connection with or arising from his or her participation in the Program and Events including, but not limited to, any claims of a breach of this Agreement.
I (as the Participant) acknowledge and agree that this Agreement is made in the State of Maryland and shall be governed by Maryland law without respect to its choice of law provisions. I (as the Participant) acknowledge and agree that any legal action filed that relates to the Program, Events, or the substance of this Agreement must only be filed in the federal or state courts located in the City of Baltimore, Maryland. The prevailing party in any litigation, arbitration, or mediation relating to this Agreement shall be entitled to recover its reasonable costs (including attorneys' fees) from the non-prevailing party for all matters including, but not limited to, appeals.
By partaking in the Program and Events, I (as the Participant) acknowledge, agree and represent that the Participant is in sufficient good health, and in proper physical condition, to take part in the Program and Events for which the Participant registers. I (as the Participant) further agree and warrant that the Participant is not under the influence of any drugs, alcohol, or item which can impair my judgment or make my participation in the Program and Events unsafe in any manner whatsoever. I (as the Participant) further agree and warrant that if at any time the Participant believes, or becomes concerned, that any activity which is part of the Program and Events becomes or may become unsafe for me or others; the Participant will immediately discontinue my participation. Additionally, prior to any use, the Participant will personally inspect all equipment provided to the Participant by Bike and the Like for his/her use. If any problems with the equipment provided to the Participant by Bike and the Like exist, the Participant agrees not to use such equipment and immediately inform a staff member of Bike and the Like of the problem. Therefore, I (as the Participant) assume full responsibility for the Participant, for bodily injury, death, loss of personal property and expenses. emotional trauma, delay, illness, or injury thereof as a result of these inherent risks or dangers and for any negligence or risks from the Participant's participating in the Program and Events.
By participating in any Program or Event, I (as the Participant) acknowledge that there is an element of risk in any biking, cycling, hiking, riding, and/or traveling activity. Further, I (as the Participant) acknowledge and agree that these inherent risks, which include, among other risks, the risk of injury, illness, or death; the ever-present danger posed by the following activities which may, or may not, be offered by Bike and the Like in any Program: bike riding, cycling on trails, cycling on roads, cycling on bridges, cycling in bad weather, transportation by motor vehicle (including, but not limited to, cars and vans), transportation by cable (including, but not limited to, lifts and gondolas), transportation by boat, transportation by train, hiking, walking, and eating food provided by Bike and the Like on the trip; and I (as the Participant) acknowledge and agree that there are dangers and rigors imposed by such Programs and Events. Knowing and understanding these risks, I (as the Participant) agree to fully assume all risk of illness, injury or death, and release and hold harmless Bike and the Like, its officers, employees, agents, servants, independent contractors, vendors and suppliers from all actions, claims or demands for damages for personal injury, consequential or punitive damages, costs or expenses resulting from my participation in a Program or Events resulting from any cause whatsoever. I (as the Participant) understand and agree that the acknowledgement and agreement stated here is binding upon me, my heirs, executors, administrators, personal representatives, successors, assigns and all members of my family. I (as the Participant) understand that the Participant has the option to cease participation in any Program or any Events if the Participant feels unsafe. The Participant further agrees to bear the expense of voluntarily withdrawing or ceasing participation in any Program or any Events before it is concluded.
I (as the Participant) acknowledge and agree that Bike and the Like reserves the right to prevent any Participant from participating in the Events or to terminate any Participant at any time and in its sole and absolute discretion in the event that the Participant is conducting himself/herself in a way which is detrimental to the health, safety, or enjoyment of any other Program participant, including the offending Participant or in any way violates any of the terms and conditions hereof (collectively, "for cause"). Further, I (as the Participant) acknowledge and agree that Bike and the Like may provide me with geographical directions during the Program and Events, and Bike and the Like does not make, and expressly disclaims any representations or warranties with respect to the condition or safety of the roads/trails on which the Participant cycles, hikes, rides, or walks. I (as the Participant) acknowledge and agree that the Participant is personally responsible for observing any road or trail conditions and determining whether the Participant is able to ride my bicycle and/or walk in such conditions. I (as the Participant) acknowledge and agree that the Participant will agree to abide by any decision regarding my participation in the Programs and Events, and that the Participant agrees to wear an ANSI- or Snell-approved helmet at all times when riding a bicycle during the Programs and Events. Additionally, I (as the Participant) acknowledge and agree that the Participant will provide for his/her own insurance coverage (travel, emergency medical, health, accident, theft, etc.) while participating in a the Program and Events, and for ensuring that such insurance covers my activities for the duration of the registered Program and Events and is valid in the countries where the Program and Events are held.
I (as the Participant) acknowledge and agree that the Participant was provided with this Agreement prior to the Participant's attendance at any of the Program or Events, and that Participant had the option to forgo the Programs and Events without agreeing to the terms in this Agreement.
I (AS THE PARTICIPANT) HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT IT CONTAINS, AMONG OTHER THINGS, A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW OF BIKE AND THE LIKE, ITS OFFICERS, EMPLOYEES, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS, VENDORS AND SUPPLIERS, AND CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN ME AND BIKE AND THE LIKE. MY ELECTRONIC SIGNATURE WRITTEN IN THE BOX PROVIDED ON THE "ONLINE TRIP RESERVATION FORM" IS OF MY OWN FREE WILL AND I (AS THE PARTICIPANT) AGREE TO ALL STATED CONDITIONS, RELEASES AND LIMITATIONS OF LIABILITY.