All participants must sign and agree to the below waiver
ASSUMPTION OF RISK, WAIVER, AND RELEASE AGREEMENT
Electric City EBikes Waiver and Release of Liability
I, The below-named participant, being above age eighteen, or the parent or legal guardian of the above-named person who is under age eighteen, in consideration of the services of Electric City EBikes, LLC rate charged for those services, or the worth of them as freely given, and the right to engage in the Activities as a participant, hereby acknowledge, agree, promisee and covenant with Electric City EBikes, LLC and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representative and net of kin: ACKNOWLEDGMENT OF RISK: I acknowledge, agree and represent that the lesson and / or tour and related activities (“Activities”) I am about to voluntarily engage, and therefore agree to bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property or the property of Electric City EBikes, LLC I further acknowledge that I understand the nature of cycling and related Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation. ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand that (a) cycling and electric bicycle riding, and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including, but not limited to permanent disability, paralysis, and death to myself and to other third parties; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the negligence of the “Releasees” named below;(c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, that on the minor named above arising from my participation in the Activities. I HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk. For injury, death, illness, disease, or damage to other third parties and their property arising from my participation in the Activities and agree not to sue Electric City EBikes, LLC its instructors, employees, agents, owners, and contractors (each considered one of the “Releases” from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releases” or otherwise, including negligent, rescue operations; 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, make a claim against anyone of the Releases, I will indemnify, save and hold harmless each of the Releases from any litigation, attorney’s fees, loss, liability, or cost which incur as the result of such claim. I further understand and agree to fully reimburse Electric City EBikes, LLC for any damage caused to the property of Electric City EBikes, LLC as a result of me riding while renting and EBike (hereafter referred to as “Activities”. My participation in the “Activities” is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks. I AGREE TO ABIDE by Electric City EBikes, LLC policies and terms of use. I understand that the use or possession of drugs or alcohol is strictly prohibited before and during the Activities and will be grounds for immediate removal from the Activities without reimbursement of fees paid or owed. I agree and accept responsibility for paying any associated rescue and transportation costs incurred while renting Electric City EBikes. By participating in or attending any Activities in connection with Electric City EBikes, LLC
I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same. By submitting the RENTAL AGREEMENT form I AGREE* that I, as a legal adult of 18 years or older (or as the parent / legal guardian of a minor named below) have read this agreement and 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. I understand that this is the entire agreement between Electric City EBikes, LLC, its agents or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of Electric City EBikes, LLC or by me. If any portion of this agreement is unenforceable the remaining portions shall remain in full force and effect. All applicants are subject to acceptance by Electric City EBikes, LLC, and upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed in the United States of America and shall be construed according to the laws of the state of Colorado in which the rental ride occurs.
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