Assumption of Risk, Waiver of Liability & Medical Authorization
WARNING: By participating in Bike Hike Tours Inc - NBW activities, whether indoor or outdoor, you acknowledge and accept the inherent risks associated with such activities. Despite our best efforts to ensure safety, accidents and injuries can occur. These risks include, but are not limited to, minor injuries such as bruises, as well as more serious 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 expenses not covered by insurance will be my responsibility. I also acknowledge that this description of risks is not exhaustive, and other unforeseen dangers may exist that could result in injury, illness, or death.
I understand that NBW does not have medical personnel on-site during classes. In the event of 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 participants in ski, snowboard, bike, and skateboard riding classes 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.
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, hereby waive, release, indemnify, and hold harmless NBW and NBW Personnel from any and all 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, death, 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/or 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 made by NBW and/or 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/or legal guardian of the participant, with legal responsibility