RELEASE OF LIABILITY AND WAIVER OF CLAIMS

BY SIGNING THIS RELEASE, YOU SHALL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

TO:719 SKI BIKE LLC ("719 SKI BIKE"), and any officers, employees, instructors, guides, agents, representatives, independent contractors, suppliers, sponsors, successors of 719 SKI BIKE (each an "Affiliate" and collectively with 719 SKI BIKE, the "Releasees"

This Waiver applies to the following services as set out in the Terms and Conditions found on https://719skibike.com (the "Terms and Conditions"):

719 SKI BIKE Rental - SB100QTYBike Number

719 SKI BIKE Rental - SB200QTYBike Number

2.In consideration of the Releasees permitting the individual named below ("I" or "me") to participate in Ski Bike activities including, but not limited to activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: rental of bikes outfitted for winter use (also know as "ski bikes"), travel, transport, carry, take, and other such activities, events and services in any way connected with or related to Ski Biking (collectively, the "Activities"), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this Release.

I acknowledge that 719 SKI BIKE provides the following:

Ski Bike rentals, bike rack rentals, bike tailgate pad rentals, bike lock rentals. (collectively and as dependant on the season in which the Activities take place, the "Equipment")

I acknowledge and agree that 719 SKI BIKE will only provide the above Equipment. I shall provide any other items I so require. I have been advised that the Activities are dependant on the weather and I agree to dress appropriately as weather dictates.

4.I have been advised to wear a helmet approved according to applicable laws while participating in the Activities and to comply with all applicable municipal and provincial laws and regulations. I recognize that I may suffer a serious head injury or death while participating in the Activities whether I wear a helmet or not. I acknowledge that 719 SKI BIKE will provide instruction as to the use of the Equipment and I acknowledge and agree that failure to use the Equipment as instructed may result in damage to property, injury, or death.

5.I have read the Terms and Conditions and agree that the Services are provided subject to the Terms and Conditions.

Assumption of Risk.

6.I am aware that the Activities and the use of the Equipment involves many risks, dangers and hazards including, but not limited to: changing weather conditions; mechanical failure of the Equipment; loss of balance or control; slips, trips andfalls; exposed rock, earth, mud, water, ice and other natural objects; trees, tree wells, tree stumps and forest dead fall; the condition of snow, water or ice beneath the surface; roadway conditions; variations in the terrain which may create blind spots or areas of reduced visibility; high speed descents; difficulty or inability to control one's speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in riding terrain including steep or slippery sections, trees, roots,logs, rocks, rock drops, loose gravel, holes, depressions, and constructed features such as bridges, ramps, bumps, berms, jumps, and drops; collision with natural and constructed objects, other cyclists, vehicles, and pedestrians; encounters with domestic or wild animals; negligence of other persons; road-banks or cut-banks; collision with fences, equipment or structures; collision with other persons; the failure to act safely or within one's own ability or to stay on designated marked paths, sidewalks, roads or other bike routes; negligent first aid; negligence or omission of others, including other pedestrians or motorists; negligence arising from the repair, maintenance or operation of the Equipment and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES.

7.I am aware that the Equipment can become damaged or may be in disrepair due to regular use, wear and tear, negligence of the Releasees or other users through vandalism, or other causes, and the Releasees are often not notified of such damage or disrepair right away. Although 719 SKI BIKE endeavors to keep the Equipment in good repair, 719 SKI BIKE may not be aware if and when the Equipment may be damaged or in need of repair. Your use of the Equipment may result in injuryor death including but not limited to: BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH ("Injuries")

Release of Liability, Waiver of Claims, and Indemnity.

In consideration of 719 SKI BIKE accepting my application for a rental, participating in the Activities, and permitting my use of its Equipment, I hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against 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 cause that my next of kin may suffer or cause resulting from either my participation in the Activities or use of Equipment or DUE TO ANY

CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY WARRANTY ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES AND OTHER ACTIVITIES REFERRED TO ABOVE;

10.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 the Activities or use of the Equipment.

This Release shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity.

This release shall not be assigned without written consent of both parties.

This Release and any rights, duties and obligations as between the parties to this Release shall be governed by and interpreted solely in accordance with the laws of the State of Colorado in El Paso County Colorado Springs, Colorado and no other jurisdiction.

Any litigation involving the parties to this Release shall be brought solely within the State of Colorado in El Paso County Colorado Springs, Colorado, CO and shall be within the exclusive jurisdiction of the Courts of the State of Colorado in El Paso County Colorado Springs, Colorado.

In entering into this Release, I am not relying upon any oral or written representations or statements made by the Releases with respect to the safety of the Activities other than what is set forth in this Release.

THE RELEASEES SHALL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS OR EXPENSES CAUSED OR GIVEN TO ME DUE TO PARTICIPATION IN ACTIVITIES AND ANY OTHER USE OF EQUIPMENT FROM 719 SKI BIKE.

WHEN PERMITTED BY LAW, THE RELEASEES SHALL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. IN ALL CASES, THE RELEASEES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WETHER FORESEEABLE OR UNFORESEEABLE, AND I SHALL IMMEDIATELY RELEASE THE RELEASEES FOR ANY LOSS, LIABLILITY, OR DAMAGE DISCUSSED IN THIS PARAGRAPH.

Terms and Conditions

18.You acknowledge that rentals are non-refundable and non-transferable and are to be held within the date they were purchased for.

19.You represent that you are of legal age and have all rights and authority to enter binding contracts and agree to these terms and conditions, whether personally or on behalf of an entity that you have included in your rental.

20.You acknowledge and represent to the Releasees that you are in proper physical condition, including the ability to carry up to Ten (10) pounds of Equipment, to participate in and do not have any medical or other conditions that would impair your ability to participate in the Activities.

21.You agree and represent to the Releasees that you shall follow all instructions, recommendations, and cautions of 719 SKI BIKE and its Affiliates, and all instructions, recommendations, cautions, of all premises where the equipment is used, at any and all times during the Activities. If at any time you believe conditions to be unsafe or that you are no longer in proper physical condition to participate in the Activities, you shall immediately inform 719 SKI BIKE.

22.The Equipment is the property of 719 SKI BIKE and your rental of the Equipment is for your leisurely personal and non- commercial use only. It is not transferable and cannot be resold.

23.Respect the outdoors. Respect others. Respect yourself. If you do not obey this rule, you may lose your rental privileges. Offensive or threatening behavior toward our staff shall not be tolerated.

24.You are liable for any misuse of the Equipment. You are responsible for reporting to 719 SKI BIKE if the Equipment gets lost, stolen or damaged immediately, and you shall be responsible for all costs related thereto.

25.You agree and acknowledge that it is your responsibility to use the Equipment safely. You are responsible for any harm you cause to other people, including a passenger, animals, and/or property. 719 SKI BIKE reserves the right, at any time, and without notice, to amend the Rules of Play and Terms and Conditions. Use of the Equipment is subject to the Terms and Conditions of 719 SKI BIKE, and this Release.

In entering into this Release, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Activities, other than what is set forth in this Release.

I understand this Release shall apply for every day in which I engage in the Activities.

Ihave read and understand this Release and I am aware that by signing this agreement I am waiving certain legal rights that I, or my heirs, next of kin, executors, administrators, and representatives may have against the Releasees.

I have read and agree to the above: 

Minors between the ages of eight (08) and Eighteen (18) may participate in the Activities with the written permission of their legal guardian (which may be evidenced by the execution of this Release

have entered into an agreement on behalf of my child(ren) (my Child or Children) with 719 SKI BIKE, to engage in the Activities as described herein. | hereby give consent for my Child(ren) to participate in the Activities and on my own behalf and on behalf of my Child(ren) agree to all the terms and conditions set forth in this Release.

On my own behalf and on behalf of my Child(ren) I hereby expressly waive and release any and all claims which I or my Child(ren) have or may in the future have against the Releasees, subject to the terms of this Release, due to any cause whatsoever, without limitation, whether arising out of the negligence of the 719 SKI BIKE or any other Releasee or otherwise, including without limitation, breach of contract, or breach of any statutory or other duty of care. On my own behalf and on behalf of my Child(ren) | covenant not to make or bring any such claim against the Releasees, and forever release and discharge the Releasees and all other Releasees from liability under such claims. | understand that I and my children are sound by all terms of this release.

TERMS OF SERVICE

The following terms contain in this Terms of Service set out the terms and conditions for the Services provided by 719 SKI BIKE LLC ("719 SKI BIKE") and any person renting Equipment (each a "Renter")

Equipment and Services 719 SKI BIKE provides Ski Bike rentals, bike rack rentals, bike tailgate pad rentals, bike lock rentals, and the option for pick up and drop to user locations collectively, the ("Services")

(a) Winter bike rentals are provided by 719 SKI BIKE from the 1st of November the 30th of May and allow Renters to rent ski bikes outfitted for winter use for a Twenty-four (24) hour period (the "Winter Rentals" Renters will meet an 719 SKI BIKE representative at a pre- determined meeting location to receive the bikes or will renters will assume bikes from a pre-determined location via renter pick-up through a contactless meeting/bike lock key code.

B. Equipment.

719 SKI BIKE provides the following:

Ski Bike rentals, bike rack rentals, bike tailgate pad rentals, bike lock rentals. (collectively and as dependant on the season in which the Activities take place, the "Equipment")

No other equipment is provided and renters are to dress appropriately for changing mountain weather conditions and are to provide all other items they may require.

(b)Transport and Equipment Delivery.

Any transport that 719 SKI BIKE agrees to provide will incur addition charges. 719 SKI BIKE can be contacted directly for a summary of transport charges. Transportation will incur additional fees depending on the amount of travel required.

Equipment can be delivered to locations within the City Colorado Springs, CO.

All pick-up and delivery locations will be confirmed by 719 SKI BIKE on the date before Services are provided.

Acceptance of Terms

(a)By booking a rental with 719 SKI BIKE, you agree to the following Terms of Service. These Terms of Service apply to any and all Equipment and Services rented or provided by 719 SKI BIKE. Your reservation, whether made online, via email, fax, or verbal communication, constitutes your acceptance of these terms. If you do not agree with these terms, please cancel your reservation immediately.

(b)These Terms of Service, any waivers, releases, rental agreements, and such other documentation required by 719 SKI BIKE are the only terms that govern the provision of the Services.

 1.             Fees and Deposits.

(a)           Rental Fees.
The Renter shall pay a damage deposit (the "Damage Deposit") prior to receiving the Equipment; the Damage Deposit may be at the time the Renters receive the Equipment but in no case will Services be provided or will Equipment be handed over to Renters without a Damage Deposit. All additional fees, expenses, and charges (collectively with the Damage Deposit, "Rental Fees") shall be due at the time rentals are booked.

Full payment is required before any Services or Equipment are provided. Prices are in listed & quoted in United States Dollars, unless otherwise specified. Prices exclude local taxes unless otherwise stated. Price quotations are subject to change without notice until a booking has been confirmed.

(b)           Damage Deposit.

Damage Deposits due are as follows:

(i)            Winter Rentals: Twenty-Five Dollars USD ($25) per bike per day.

Damage Deposits are required at the time of rental. Damage Deposits are NOT refundable. Damage Deposits of Twenty-Five Dollars USD ($25) per bike per day are included in the rental price of the SKI BIKE per day. Damage Deposits of Twenty-Five Dollars USD ($25) per bike per day are not subject to any refund amount no matter the circumstance. At the end of the applicable rental period an inspection of the Equipment will be performed by 719 SKI BIKE. Renters will be responsible for One Hundred (100%) percent of the cost to repair any and all damage suffered by the Equipment caused by the actions of the Renter in any and all circumstances throughout the duration of the rental period.

1.             Cancellation Policy.
Refunds are subject to the following terms for cancellation. Notice of cancellation is to be provided at the contact information provided on https://719skibike.com. 719 SKI BIKE will confirm with Renters that notice of cancellation has been received. Cancellations made before:

(a)           Seven (7) or more Business Days with prior notice are eligible for a refund of Fifty (80%) percent of the Rental Fees; and

(b)           Prior notice less than Seven (7) Business Days are not eligible for any refund.

Any cancellation made on the scheduled rental date that occurs due to any Renter's inadequate documentation or inability to provide a full damage deposit will not be eligible for a refund of any kind.

In the event that management of 719 SKI BIKE cancels services due to dangerous weather conditions, a full refund will be issued.

2.             Rental Change Policy.
In the event a Renter does not attend for their Rental period and fails to notify 719 SKI BIKE of any cancellation, no refund will be applied and the Renter shall be responsible for One hundred (100%) of the Rental Fee.

Changes to rental agreements made with Seven (7) or more Business Days prior notice can be accommodated and will not incur any administrative fees. Changes to any rental agreement made:

(a)           Before seven (7) or more Business Days with prior notice are NOT eligible to any administration fees

(b)           Changes made within seven (7) Business Days up to Forty-Eight (48) hours before the rental begins as signed are eligible to a Fifty ($20) dollar administration fee

(c)           Any changes made within Forty-Eight (48) hours are not eligible changes and the rental agreement will be enforced as signed.

3.             Rental.

(a)           Location.
719 SKI BIKE will contact Renters with detailed pick up and drop off instructions for Equipment and Renters, including location of pick up and drop off, on the day before rental periods commence. The actual riding location will be determined by renter subject to weather conditions, Renter skill level, and customer location. Renter assumes all risks associated with said resort of their choosing noting 719 SKI BIKE is not liable for any resort rules or regulations.

(b)           Emergency.
In the event there is an emergency requiring evacuation, any costs incurred for emergency evacuations will be the responsibility of the Renter requiring evacuation.  

(c)           Personal Items.
719 SKI BIKE is not responsible for any Renter's personal items damaged in transit or throughout the course of the rental.

4.             Waivers.
719 SKI BIKE’s waiver for providing Services and Equipment is available online at https://719skibike.com. Waivers will be completed online or in person before the rental is set to begin/before equipment is provided to the Renter. NO EQUIPMENT OR SERVICES WILL BE PROVIDED WITHOUT A SIGNED WAIVER.

5.             Renter Terms and Conditions.

Renters must:

(a)           Be at least eighteen (18) years of age to use the Equipment and any such rider between the ages of eight (08) to Seventeen (17) years of age must be accompanied their legal guardian who has signed a completed waiver on behalf of the minor;

(b)           Provide one (1) piece of government issued photoidentification, if the Renter Eighteen (18) years of age or older;

(c)           Not exceed a weight of Two-hundred Twenty (220) pounds;

(d)           Have at least the experience and knowledge of riding a standard pedal bicycle to operate the Equipment (this is represented by each Renter and not verified in any way by 719 SKI BIKE);

(e)           Not be pregnant;

(f)            Have such physical fitness as to be able to participate in the Activities (as defined in the Waiver) including the ability to carry up to Ten (10) pounds of Equipment.

6.             Management Rights.
Management of 719 SKI BIKE reserves the right to exercise full discretion in the provision of Services and the Equipment. 719 SKI BIKE reserves the right to refuse service to any person who, in the sole opinion of 719 SKI BIKE, fail to meet these Terms and Conditions, presents a significant risk to 719 SKI BIKE, affiliates of 719 SKI BIKE, the environment, other park or trail patrons, or other Renters.

7.             Privacy.
This section described how 719 SKI BIKE collects, uses, discloses, and protects the personal information of website users (for the purposes of this Section 10, the "User" or "you").
The term "personal information" means information about an identifiable individual, including information that can be used on its own or with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or business contact information.
719 SKI BIKE may collect:

a)           Personal information that 719 SKI BIKE can reasonably use to directly or indirectly identify you, such as your name, mailing address, email address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, and any other identifier 719 SKI BIKE may use to contact you online or offline;

(b)           Non-personal information that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but 719 SKI BIKE may derive non-personal statistical or aggregated data from personal information. For example, 719 SKI BIKE may aggregate personal information to calculate the percentage of users accessing a specific Website feature;

(c)           Technical information, including browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website, and usage details; and

(d)           Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page.(collectively, the "Information").

The Information may be collected through direct interactions, including but not limited, to when you fill out forms (online or in person), make a payment through the 719 SKI BIKE website, or by correspondence 719 SKI BIKE.
The Information may be also collected through indirect or automated interactions, including but not limited to, Website cookies or various data collected by 719 SKI BIKE such as from business partners or service providers.

719 SKI BIKE uses or discloses Information according to these Terms and Conditions and for any additional purposes that you may consent to. Your information may be shared with 719 SKI BIKE's employees, contractors, consultants and other parties who require such information to assist 719 SKI BIKE with the provision of the Services.

BY ACCESSING THE WEBSITE, YOU ARE CONFIRMING THAT YOU CONSENT TO THE CONTENTS OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE CONTENTS OF THE TERMS AND CONDITIONS, OR TO 719 SKI BIKE’S COLLECTION, USE OR DISCLOSURE OF INFORMATION AS DESCRIBED IN HEREIN THEN YOU MAY NOT ACCESS THIS WEBSITE. IT IS 719 SKI BIKE'S POLICY TO COLLECT, USE AND DISCLOSE PERSONAL INFORMATION WITH CONSENT, BUT 719 SKI BIKE RESERVES THE RIGHT TO DO SO WITHOUT CONSENT WHERE REQUIRED TO OR PERMITTED TO BY LAW, SUCH AS IN THE COURSE OF AN INVESTIGATION OR IN RELATION TO A LEGAL PROCEEDING.

719 SKI BIKE does not sell your personal information to any third party.
719 SKI BIKE's use of social media serves as an extension of its presence on the web. Social media accounts are public and are not hosted on 719 SKI BIKE servers. Users who choose to interact with 719 SKI BIKE via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications You use to access them.

I have read and agree to the above: