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THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. YOU MUST READ AND UNDERSTAND IT BEFORE SIGNING.
ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK AND RESPONSIBILITY:
I acknowledge, understand and agree that the lesson, rental, and/or tour and related activities (“activities”) I am about to engage in voluntarily, 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 Velo Carmel, Inc. DBA Mad Dogs & Englishmen. I further acknowledge that I understand the nature of cycling and related activities and that I am qualified, in good health, and proper physical condition to participate in such activities and willingly agree to comply with the stated customary terms and conditions of participation. 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 conditions 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, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, that of any minors named below, arising from my participation in the activities.
WAIVER AND RELEASE: I hereby release, discharge, and covenant to accept and assume all responsibility 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 Velo Carmel, Inc. DBA Mad Dogs & Englishmen, its instructors, employees, agents, owners and contractors (each considered one of the “Releasees”) 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 “Releasees” 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 Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim.
I further understand and agree to fully reimburse Velo Carmel, Inc. DBA Mad Dogs & Englishmen, for any damage caused to property of Velo Carmel, Inc. DBA Mad Dogs & Englishmen as a result of my participation in the activities.
I also understand that I will fully reimburse Velo Carmel, Inc. DBA Mad Dogs & Englishmen if any equipment is stolen or not returned. I understand that a $500 security deposit may be placed on my credit card, which will be released from hold upon my return provided there are no damages or missing items.
My participation in the activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks. I acknowledge that I have been provided with a helmet and a bike lock.
I AGREE TO ABIDE by Velo Carmel, Inc. DBA Mad Dogs & Englishmen policies and agree to comply with all instructions of the guide, instructor or staff in connection with participation in the activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the activities without reimbursement or cancellation of fees paid or owed.
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.
MY SIGNATURE BELOW indicates that I have read this agreement and fully understand it’s 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 Velo Carmel, Inc. DBA Mad Dogs & Englishmen, it’s 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 Velo Carmel, Inc. DBA Mad Dogs & Englishmen, 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 Velo Carmel, Inc. DBA Mad Dogs & Englishmen. Upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed in Monterey, California, and shall be construed according to the laws of the State of California.