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Terms and Conditions
Oregon E-Bikes
E-BIKE DEMO/RENTAL PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of signing.
Express Assumption of Risk Associated with Sport, Venue Use and Related Activities.
I, the above named participant, do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with riding an E-Bike.
Inherent hazards and risks include but are not limited to:
1. Risk of Injury from biking is significant, including the potential for broken bones, severe injuries to the head, neck, and back, or other bodily injuries that may result in permanent disability and death.
2. Possible equipment failure and/or malfunction or misuse of my own or other’s equipment.
3. I AGREE THAT I WILL WEAR AN APPROVED HELMET. However, a helmet cannot guarantee the participant’s safety. I further understand and acknowledge that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord.
4. Variation of street surfaces and inclement weather including, but not limited to, rain, snow, ice, and lightning.
5. My own negligence and/or the negligence of others, including but not limited to, operator error and guide decision-making, including misjudging terrain, weather, riding surfaces, or other obstacles.
6. Exposure to the elements and temperature extremes that may result in heat exhaustion, heat stroke, sunburn, hypothermia, and/or dehydration.
7. Accidents or illness occurring in remote places where there are no available medical facilities.
8. Pre-existing medical conditions brought on by riding the E-Bike.
9. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
10. Impact or collision with motor vehicles, bikes, pedestrians, animals and/or stationary objects.
*I understand the description of these risks is not complete. Unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims, Indemnity and Photo Release Agreement
In consideration for being permitted to demo an E-Bike, I hereby agree, acknowledge and appreciate that:
2. I HEREBY RELEASE AND HOLD HARMLESS, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees: Big Winds Hood River, Inc., and its officers, directors, employees, representatives, agents and volunteers. I release the releases from any liability and responsibility whatsoever, and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
3. In entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
4. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.
5. I agree that Big Winds may use photographs of me with or without my name and for any lawful purpose, including such purposes as publicity, advertising and Web content.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
Participants must be at least 16 years of age as required by Oregon and Washington law. Participant’s aged 16-17 must have a parent’s permission and signature to demo an E-Bike.
You are responsible for the bike! Please make sure it is returned in the condition it left in. Charges, up to the full retail value of the bike, may be imposed for damage or loss/theft of the bike.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARTICIPANTS OF MINOR AGE: This is to certify that I, as Parent, Guardian, Temporary Guardian, with legal responsibility for this participant, do consent and agree not only to his/her release of all releasees, but also to release and indemnify the releasees from any and all liabilities incident to his/her involvement in
these programs for myself, my heirs, assigns, and next of kin.