Park City Bike Demos

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Terms and Conditions

Park City Bike Demos

Responsibility for Equipment, Release of Liability and

Assumption of Risk

The individual named below (referred to as “I” or “me”) desires to rent bicycle related equipment from the

company doing business as Park City Bike Demos (the “Company” or “Park City Bike Demos”) and participate in

bicycling related activities (the “Activities”). As lawful consideration for the foregoing, I agree to all the terms and

conditions set forth in this agreement (this “Agreement”).

Equipment

1. I accept full financial responsibility for all equipment rented by me from Park City Bike

Demos.

2. I will return it undamaged by the agreed time and date, and if I fail to do so, I will pay any required late fees for

additional days of rental and/or pay for its repair or replacement at the full replacement rate, as determined by Park City

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Bike Demos.

3. Prior to using, I will make sure I understand how this equipment works and will have received satisfactory instructions.

I agree to check this equipment before each use and if at any time the equipment does not seem to be working properly I

will stop using it immediately and return it for inspection and/or possibly repair or adjustment.

4. I acknowledge and confirm the accuracy of all relevant information written by me on this form or otherwise provided by

me to Park City Bike Demos. I acknowledge that any inaccurate information provided by me may cause the equipment to

fail to perform properly.

Cancelation Policy

100% refund will be granted to any cancellation made before 2 days of scheduled pickup time. NO refund will be given to any

cancellations made less than 2 days prior to the scheduled pick up time. Refunds will be given to any cancellations that have

been caused due to weather including: Rain, Thunderstorms, or Natural disasters. Not including: Low Temperatures,

High temperatures, or Wind.

Rescheduling more than two days prior to reservation can be done at no charge. Rescheduling less than two days prior to reservation will result in a rescheduling fee equal to 20% of the original reservation. The rescheduled reservation will also be ineligible for a refund even if cancelled more than 2 days before new pick up day.

Release of Liability And Assumption Of Risk

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE

RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM

VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY

AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER

CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company,

and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on

account of injury, death, property damage or otherwise, arising out of or attributable to my participation in the Activities

and/or rental of equipment, whether arising out of the negligence of the Company or any Releasees or otherwise. I

covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and

discharge the Company and all other Releasees from liability under such claims.

I will defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses,

damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or

expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this

Agreement,

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and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the

Activities.

Without limiting the foregoing, I acknowledge and agree that:

1. Equipment may malfunction during use and Park City Bike Demos and/or its employees, management, or

subcontractors are not responsible for this malfunction, errors during setup, and/or any information given about terrain,

risk, technique, weather conditions, or other factors.

2. I understand and agree that all forms of cycling are HAZARDOUS and that injuries are common and ordinary

occurrences during this activity. I AGREE AND ASSUME ALL RISKS ON BEHALF OF MYSELF AND MY FAMILY OR

PARTY of death or injury of any sort while using cycling and/or related equipment from Park City Bike Demos. THESE

RISKS INCLUDE falling, collision, striking of unseen obstructions or persons, unsafe speed, possible equipment

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malfunction or equipment failure, weather conditions such as hypothermia, sun stroke, sunburn, heat exhaustion,

dehydration, and impact with vehicles or hazards from riding on paved areas or open traffic.

3. I understand and agree that certain risks of cycling may be reduced but not eliminated with training, or following “YOUR

RESPONSIBILITY CODE” which may be posted at trailheads, in shops, in our vehicles, and at base areas of mountain

biking locations.

4. I understand that a helmet designed for specific recreational sports use will help reduce the risk of some types of injuries

to the user at slower speeds. I recognize that serious injury or death can result from both high and low energy impacts

even when a helmet is worn.

5. I understand that cycling may be a strenuous physical activity and that death or health issues can occur from elevation,

elevated blood speed, pressure, or temperature, respiratory ailments, hazardous terrain or locations from mining remnants

or street or paving contaminants, and other areas. These liabilities are completely my own responsibility to monitor and

seek prevention of.

This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject

matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations,

and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is

invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other

term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and

assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the

internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State

of Utah or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the

federal and state courts located in Salt Lake County or Summit County, Utah and I hereby consent to the exclusive

jurisdiction of such courts.

[Signature Page Follows]

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BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS

AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT

TO SUE THE COMPANY.

Signed: ______________________________

Printed Name: _________________________

Address: _____________________________ _____________________________________ _____________________________________ Date: _____________________

Complete the below if signing on behalf of a minor.

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I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I

hereby do consent to the terms and conditions of this Release of Liability.

Signed: ______________________________

Printed Name of Parent or Legal Guardian: _____________________________________ Address: _____________________________ _____________________________________ _____________________________________ Date: _____________________

Statement of Responsibility

I authorize my credit card to be used for payment and security for my rentals for the cost of the rental, and/or damages,

lost, theft, or other expenses related to the rental. Should my card not honor the reservation and/or additional costs, I am

still liable for the expense of these rentals.

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Signed:________________________

_________________________________________________________