Bike Tour Agreement I am aware that cycling activities involve many risks, dangers, and hazards, including, but not limited to: changing weather conditions; mechanical failure of the equipment; loss of balance; difficulty or inability to control one's speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the cycling surface including holes or depressions in the roads; exposed rock, snow, ice, earth and other natural objects; streams, creeks and rivers; cliffs and crevasses; collision with exposed rock, snow, ice, earth, trees or other natural or man-made objects on or adjacent to the cycling terrain; encounters with wildlife, collision with pedestrians, vehicles or other cyclists; becoming lost or separated from other participants; failure to cycle safely or within one's own ability or within designated areas; negligence of other participants; and negligence on the part of Philly Bike Tour Co. or their staff including failure to safeguard or protect me from the risks, dangers, and hazards of adventure activities. I am aware of the risks, dangers, and hazards associated with cycling activities and I freely accept and fully assume all such risks, dangers, and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom. I am responsible for any damage to the rental bicycle or bicycle parts and accessories included with the bicycle during my bike tour. I am financially responsible for replacing or repairing the bicycle and any of its components upon bending, breaking, ripping or theft during my rental. I attest that I am physically capable of participation in this event. If I am aware of or under treatment for any physical infirmity, disorder, ailment, or illness, my medical care provider has been apprised of, and has approved of, my participation in this event. Current value of rented items: Marin Stinson: $429
Jamis Ventura Sport: $725
Lock: $40
Helmet: $40 In consideration of Philly Bike Tour Co. allowing me to participate in cycling activities and permitting my use of bicycles, streets, bike parks, bike trails, race courses and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Philly Bike Tour Co. and their directors, officers, employees, agents, representatives, successors and assigns (all of whom are hereinafter collectively referred to as "THE RELEASEES"), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from my participation in adventure activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES REFERRED TO ABOVE; 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in adventure activities; 3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity; 4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of Philadelphia, PA and no other jurisdiction; and In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of adventure activities other than what is set forth in this Agreement. |