Bicycle Use Agreement Waiver and Release
Recipient Agrees to Indemnify, Hold Harmless and Disclaim Warranties against Fit Houston Programs
For and in consideration of the loan of property to Recipient, Recipient does hereby release, acquit, and forever discharge Fit Houston from any and all claims or causes of action of any kind whatsoever, at common law, statutory or otherwise, which the undersigned Recipient has or might have, known or unknown, now existing or that might arise hereafter, directly or indirectly attributable to the above described agreement or Recipient's use, possession, operation and return of the loaned property, it being intended to release all claims of any kind which the undersigned Recipient might have or might hereafter acquire against those hereby released.
Bicycle Rider Injury Indemnification
In consideration of the services of Fit Houston, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Fit Houston on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that bicycling entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Fit Houston from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Fit Houston equipment or facilities, including any such Claims which allege negligent acts or omissions of Fit Houston.
Should Fit Houston or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
In the event that I file a lawsuit against Fit Houston, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Fit Houston on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I understand this document and I agree to be bound by its terms.
PARTICIPANT INFORMATION
Last name _________________________ First Name __________________
Email Address _______________________________________________________________
Participant/Parent Signature ___________________________________________________
PROGRAM INDEMNITY FORM
I certify that, to the best of my knowledge and belief, all the information on and attached is true, correct, complete, and provided in good faith. I understand that false or fraudulent information on, ore attached to this request may be grounds for being ineligible to receive the assistance requested and may be punishable by a fine and/or imprisonment. I understand that any information I give may be investigated. I hereby release and forever discharge the Fit Houston, officers, servants, agents and employees from any and all liability for any damages, losses or injuries which may be sustained or suffered arising out of or in connection with any activity sponsored by the above noted entities. I certify that I am the parent or legal guardian of the participant. I have read the foregoing Acknowledgment, Waiver and Release Agreement (including such parts as may subject me to person financial responsibility). I am and will be legally responsible for the obligations and acts of the participant as described in the Acknowledgement, Waiver and Release Agreement. I agree for myself and for the participant, to be bound by its terms.
Participant Name __________________________________________
Participant/Parent Signature _________________________________