Assumption of Risk, Waiver of Liability & Medical Authorization
WARNING: By participating in activities organized by Bike Hike Tours Inc. - NBW, whether indoor or outdoor, you acknowledge and accept the inherent risks associated with such activities, including impact or collision with other participants, spectators, facility employees, pedestrians, motor vehicles, and cyclists. Accidents and injuries can occur despite our best efforts to ensure safety. These risks include, but are not limited to, minor injuries such as bruises, as well as more severe injuries such as broken bones, dislocations, muscle pulls, and potentially catastrophic injuries like paralysis or death resulting from falls or impacts to the back, neck, or head. By signing this waiver, you voluntarily waive any claims or rights to sue Bike Hike Tours, Inc., its employees, owners, or officers for any injuries that may arise during activities at NBW. You assume full responsibility and liability for any risks involved. In the event of an injury to the participant named above during any NBW activity, I authorize NBW to use my insurance policy to cover necessary medical expenses. I understand that payment will be directly made to the healthcare provider, and any remaining costs not covered by insurance will be my responsibility. I also acknowledge that this description of risks is not exhaustive, and other unforeseen dangers that could result in injury, illness, or death may exist.
I understand that NBW does not have medical personnel on-site during classes. In a medical emergency, I grant NBW and its owners, members, instructors, employees, representatives, volunteers, and agents permission to authorize emergency medical treatment for the participant if necessary. This authorization is subject to the terms of this Agreement.
I agree to provide and ensure that the participant wears all approved protective gear as mandated by USA Ski and Snowboard, USA Roller Sports, USA Skateboarding, Surfboard Federation, Professional Mountain Bike Association, or any governing body overseeing skateboarding, mountain biking, and surfing as sports. All ski, snowboard, bike, and skateboard riding class participants must wear a properly fitting helmet. I acknowledge and understand that protective gear does not guarantee safety and that no helmet or protective gear can entirely prevent potential head injuries or protect against face, neck, or spinal injuries.
I permit my child to be transported in a motor vehicle driven by the individual identified for NBW activities. I understand that my child is expected to follow all applicable laws regarding riding in a motor vehicle and is expected to follow the directions provided by the driver and other adult volunteers. I have read, understood, and discussed with my child that:
They will be traveling in a motor vehicle driven by an adult and must wear their safety belt. They are expected to respect each other, the vehicles they ride in, and the people they travel with during the trip. Riding in a motor vehicle may result in personal injuries or death from wrecks, collisions, or acts by riders, other drivers, or objects. They must remain seated and not disrupt the vehicle's driver.
I recognize that by participating in this activity, as with any activity involving motor vehicle transportation, my child may risk personal injury or permanent loss. I, at this moment, attest and verify that I have been advised of the potential risks, that I have full knowledge of the risks involved in this activity, and that I assume any expenses that may be incurred in the event of an accident, illness, or other incapacity, regardless of whether I have authorized such expenses. As a condition for the transportation received, I, for myself, my child, my executors, and assigns, further agree to release and forever discharge The (NBW), its Board, their agents, drivers, employees, and volunteers from any claim that I might have myself or that I could bring on my child's behalf about any damages, demands, or actions whatsoever, including those based on negligence, in any manner arising out of this transportation. I have read this entire waiver and permission form, fully understand it, and agree to be legally bound by its terms.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
By allowing the participant to take part in the classes and related activities, I, on behalf of myself and the participant, at this moment waive, release, indemnify, and hold harmless NBW and NBW Personnel from any claims, costs, liabilities, damages, expenses, attorney's fees, and judgments arising from or connected to the participant's involvement in the classes. This includes any injuries, deaths, or damages that may occur. I also agree not to bring any legal action or lawsuit against NBW and NBW Personnel in the event of such claims, costs, liabilities, injuries, death, damages, expenses, attorney's fees, and judgments unless they result from the negligence or lack of due care by NBW and NBW Personnel.
I certify that:
I have carefully read and fully understand the terms of this document.
I am not relying on any oral or written representations or statements by NBW and NBW Personnel.
I sign this Agreement knowingly and voluntarily.
This Agreement shall be governed by and construed under New York law to the fullest extent of the law.
If any term or provision is found to be illegal, unenforceable, or conflicting with any governing law, it will not affect the validity of the remaining portions of the Agreement.
I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT.
I certify that I am the parent and legal guardian of the participant, with legal responsibility.