BikeDash Legal Liability Wavier
1) Acknowledge, agree, and represent that I understand the nature of Bicycling Activities and that I am qualified, in good health, and in proper physical condition to ride a bicycle. I further acknowledge that biking will be conducted over the Hotel facilities and public roads and also facilities open to the public and upon which the hazards of traveling are to be expected.
2) Fully Understand That a) Bicycling involves Risks and Dangers of Serious Bodily Injury, Including Permanent Disability, and Death. Other Risks and Social and Economic Losses Either not known to me or not readily foreseeable at this time, and I fully Accept and assume suck ricks and all responsibilities for losses, costs, and damages I may incur as a result of my participation in the Activity.
3) I fully understand that helmet are strongly recommended for users over age 18 and legally required for users under 18. I understand that helmets are freely included with the bikes at Hotel front Desk.
4) I agree to promptly return the hired bike back to BikeDash where I received them from. Any result not to turn bike back will result in $900 charge that I am responsible for.
5) I am 18years of age or older, have read and understand the terms of the release.
6) Release of All Claims: I, on behalf of myself, heirs, agents, and my guests, hereby agree to release, indemnify, and defend Spinway by the Sea, LLC, dba BikeDash, And All Resorts/Hotels associated with BikeDash operations and their affiliates, partners, officers, directors, employees, vendors, and agents (collectively the “Released Parties”), from any and all claims, causes of action, judgments, demands, costs, obligations, liabilities, damages, debts, expenses, or losses of any kind or nature (together, “Claims”) in connection with renting and using a bike or participating in the Program in any way. I acknowledge that ride a bike has inherent risks, and my participation in the Program may entail risks that could result in serious injury or damage to persons or property. These risks may include, without limitation, slippery surfaces, wild animals, equipment malfunctions, negligence, contagions, road hazards, natural disasters, severe or fatal injuries, and acts of God. I assume these risks completely and release the Released Parties of any and all liability resulting from these risks. I further agree to release, indemnify, and defend the Released Parties for any damage or injury caused by me, whether to myself, property, or to third parties or third-party property. Should the Released Parties incur any costs, fees, or expenses, as a result of the above Claims, risks, or my actions, I agree to indemnify, defend, and hold the Released Parties harmless for all such fees and costs.
7) I am fully and adequately trained on how to use a bike and bike helmets, and I agree to ride the bike only on approved trails, bike paths, and/or roadways. I take full responsibility for any violations or tickets. In addition, I shall carry no passengers, and will not attach any extra seats, baby seats, or trailers to any bike.
8) If the bike rented by me through the Program is not returned to the same Kiosk it was rented from, or the bike is otherwise damaged beyond repair, lost, or stolen, I agree that I will be charged a replacement fee directly to the credit or debit card used to rent the bike. The replacement fee for each bike is $600.00 USD.
9) I will not visit or take part in the Program, or ride any bike,while experiencing any illness, sickness, contagion, or injury that might impair me or another person, and will not take part in the Program while under the influence of drugs, alcohol, or prescription medication. If medical attention is required, I authorize such treatment and agree to be financially responsible for any and all related costs.
10) Helmets are strongly recommended for users over age 18 and legally required for users under age 18. I understand that helmets and locks are freely included when renting a bikein the Program,
11) Participation in the Program is authorized for adults only. If I allow a minor to ride any bike that I have rented through the Program, I take full responsibility and will indemnify, defend, and release the Released Parties from any and all Claims made by the minor, the minor’s parents, guardians, agents, or third parties, for any damage, injury, costs, fees, or expenses that occur as a result of the minor’s use of any bike.
12)My signatureshall be considered for the purposes of validity, enforceability, and admissibility of this Release.
13)By agreeing to, confirming, and/or signing this Release, I acknowledge that I am at least 18 years of age, my participation is voluntary, and that if anyone (including myself, my child, my guest, or any third party) is hurt, and/or property is damaged, during my participation in the Program, I take full responsibility and have waived all rights to maintain any Claim against the ReleasedParties. I further certify I am the parent or legal guardian of any participant(s) under 18 years of age. I have had sufficient opportunity to read this entire document, understand it, and agree to be bound by all its terms.