I understand and acknowledge that there are risks of personal injury, death and property damage while participating in the activities that are subject to this rental agreement. The risks are inherent in All cycling activities; still other risks may arise from conditions, situations or activities of which I am presently unaware. My participation is voluntary and independently based on assessment of the risks, without reliance on representations or advice by employees or representatives of or any other person.
In consideration of being granted this rental agreement and the use of bikes and cycling equipment,
I HEREBY RELEASE, WAIVE, AND RELINQUISH ALL CLAIMS AND LEGAL ACTIONS FOR PERSONAL INJURY, WRONGFUL DEATH, OR PROPERTY DAMAGE AGAINST THE TOUR OF NEVADA CITY BICYCLE SHOP AND AGAINST THE STATE, IT'S DEPARTMENT OF PARKS AND RECREATION (STATE) ARISING AS A RESULT OF MY PARTICIPATION IN THE BICYCLE ACTIVITIES OR ANY ACTIVITIES INCIDENTAL THERE TO INCLUDING RESCUE ACTIVITIES; THIS RELEASE APPLIES EVEN IF THE TOUR OF NEVADA CITY BICYCLE SHOP AND/OR STATE IS NEGLIGENT OR OTHERWISE AT FAULT. I ALSO AGREE TO PROTECT, HOLD HARMES, DEFEND AND INDEMNIFY TOUR OF NEVADA CITY BICYCLE SHOP AND STATE FROM ALL CLAIMS AND LEGAL ACTIONS FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM MY CONDUCT; THESE INDEMNITIES APPLY EVEN IF TOUR OF NEVADA CITY BICYCLE SHOP AND/OR STATE IS NEGLIGENT OR OTHERWISE AT FAULT.
I understand the effect of my signing this document is that I (1) acknowledge and assume all risk of injury, death, or property damage I might suffer while participating in the ATV activities, even if it occurs as a result of the negligence of Tour of Nevada City Bicycle Shop and/or State of defects in equipment, (2) absolute and release Tour of Nevada City Bicycle Shop and State from the consequences of their negligence, including without limit, rescue efforts, and defects of equipment, and (3) will protect, hold harmless, indemnify and defend Tour of Nevada City Bicycle Shop and State against any legal actions or other claims for damages arising from my actions.
I UNDERSTAND THAT I AM FORFEITING IMPORTANT LEGAL RIGHTS AND INCURRING IMPORTANT LEGAL RESPONSIBILITIES.
I understand that certain minimum skills, capabilities, physical and mental health, and fitness are required in order to participate in dangerous activities such as cycling activities; I warrant that I possess these. I understand and agree that should emergency rescue evacuation become necessary, these expenses are my sole responsibility and not those of Tour of Nevada City Bicycle Shop and/or State or any other public or private entity.
I warrant that I am executing this agreement voluntarily and that neither Tour of Nevada City Bicycle Shop nor the State has made any representations to induce or coerce me to sign this document. I agree that the terms of this document bind me, my heirs, assign, executor, and administrators, and expressly and specifically protect BICYCLE RENTALS and State including, as applicable, their heirs, employees, officers, directors, and shareholders.