Waiver and Release of Liability and Assumption of All Risks
IN CONSIDERATION for allowing my participation in a Best European Bike Tours, I hereby waive, release and discharge forever, Best European Bike Tours, LLC, its officers, directors, agents, employees, trip leaders and volunteers (collectively “Best European Bike Tours”) from and against any and all liability including, but not limited to: any injury, death, illness, and property damage or loss occurring while participating in a Best European Bike Tours or in travel to and from the tour.
I also agree not to sue or file claims of whatever nature against Best European Bike Tours for any or all damages, personal property losses, and injuries or claims which I may sustain as the result of the negligence or other acts, however caused, by myself or Best European Bike Tours during my participation in Best European Bike Tourss and/or activities.
I understand and agree that this Waiver and Release shall be binding upon me personally, all members of my family, my and their heirs, successors, assigns, and legal and personal representatives.
Assumption of Risk and Participant / Cyclist Responsibilities
- I realize that bicycling is a potentially hazardous activity and that the tour routes require bicycling on public roadways- paved and unpaved of varying condition, and trails-public and secluded- of varying conditions, and in bad weather, and that cyclists have been hospitalized or died because of mishaps-traffic or other- that are either their responsibility or others’ responsibility.
- I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part of Best European Bike Tours, including, without limitation, negligence in the conduct or arrangement of the trip in any respect from inception to completion; collision with pedestrians, vehicles, other cyclists, and /or fixed or moving objects; the negligence of other cyclists and/or Best European Bike Tours ride leaders, volunteers or drivers; dangers arising from falls; poor road and trail surfaces; dangers from road irregularities including but not limited to potholes, road grooves, railroad crossings, and slippery metal and wooden bridges; hazardous traffic patterns; exposure to risks while engaged in other voluntary activities related to the tour including but not limited to swimming, kayaking, and walking to various destinations; breakdown or failure of bicycles-owned or rented- or other equipment; negligence in the maintenance and operation of any van or other motor vehicle used to transport passengers; transportation failures whether by train, auto, van or bus, boat, by foot or any other conveyance; hazards of consumption of alcoholic beverages; risks associated with consuming food or water; criminal activity; dangers associated with animals; risk of accident or illness without access to rapid emergency medical services and supplies; the adequacy of medical attention once provided; and risk of stolen, lost or misplaced luggage or property- including bicycle. I hereby agree to be responsible for my own welfare and accept any and all risks of delay, unanticipated events, inconvenience, illness, injury, emotional trauma or death.
- While Best European Bike Tours may provide me with geographical directions during bicycle rides, they do not make, and expressly disclaim any representations or warranties with respect to the condition or safety of the roads/trails on which I bicycle or walk, and I am responsible for observing such road or trail conditions and determining whether I am able to ride my bicycle and/or walk in light of such conditions.
- I agree that I will use good judgment, be self-reliant and discontinue further participation in the bike tour if at any time I believe conditions to be unsafe. In extreme situations, I understand and agree not to wait for assistance exclusive to the support provided by Best European Bike Tours. In the event of any injury or accident, I agree to notify the event leader, and consent to and permit emergency medical treatment.
- I realize that touring requires physical conditioning, and attest that I am physically fit and have sufficiently trained for the completion of the Best European Bike Tours entered, or will be subject to early termination at Best European Bike Tours’ discretion if I am unable to cycle at the standard of the tour.
- I agree to wear an ANSI or Snell approved helmet at all times when riding a bicycle during the tour.
- I agree to provide for my own insurance coverage (travel, emergency medical, health, accident, theft, etc.) while participating in a Best European Bike Tours, and for ensuring that such insurance covers my activities for the duration of the registered tour, and that it is valid in the countries where the tour is conducted.
- I understand Best European Bike Tours reserves the right to remove any person it judges as unwilling to ride in a safe manner or who it determines to detract from the enjoyment of the trip by others.
- Best European Bike Tours reserves the right to make route, lodging and trip modifications or cancel events. I further understand that I will not be reimbursed for airline fees or other expenses incurred due to trip modifications, changes in itinerary or event cancellation.
- I give permission to Best European Bike Tours to use my name, photographs, evaluations or any other record of my participation in Best European Bike Tourss for any promotional purposes, without fee, obligation or liability to me.
- I agree not to use any of Best European Bike Tours’ cycling routes, cue sheets or other trip materials for purposes of organizing any tour or event.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE CONTENTS AND LEGAL RAMIFICATIONS OF THIS WAIVER AND RELEASE AGREEMENT, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE. I AGREE THAT THIS IS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. THIS AGREEMENT MAY NOT BE MODIFIED ORALLY AND MAY NOT BE WAIVED IN ANY RESPECT.
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