Participant Agreement Release And Assumption Of Risk

In consideration of the services of Escape Adventures, it’s agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Escape”), I hereby agree to release, indemnify, and discharge Escape, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: WE DO NOT RENT LOCKS. YOU ARE RESPONSIBLE FOR BIKE AT FULL RETAIL VALUE IF NOT RETURNED TO US. THIS INCLUDES BIKE STOLEN FROM YOU. WE DO NOT CARRY THEFT INSURANCE FOR YOUR RENTAL BIKE.

Please read the statements below thoroughly.

1. I acknowledge that biking entails known and unanticipated risks that 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.

2. The risks include, among other things: accidents involving other bicycles or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the bicycle; falls from the bicycle; the negligence of other operators of motor vehicles or myself; weather conditions; my own physical condition; the condition of roads, terrain, or highways, and accidents connected with their use; contact with animals or insects.

3. Furthermore, Escape employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

4. 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.

5. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Escape 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 Escape’s equipment or facilities. Including any such claims which allege negligent acts or omissions of Escape. *

 *RELEASE AND IDEMNITY AGREEMENT:

In accordance with laws and regulations governing the National Park Service (“NPS”), this paragraph shall not apply with respect to negligence, injuries or other losses occurring at any NPS property. Otherwise this paragraph shall apply and should be read carefully because this Release and Indemnity Agreement contains a surrender of certain legal rights.

6. Should Escape or anyone acting on its 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.

7. 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 am willing to assume the risk of any medical or physical condition I may have.

8. In the event that I file a lawsuit against Escape, I agree to do so solely in the state of Nevada, and I further agree that the substantive law of Nevada 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 document shall remain in full force and effect.

9. I accept for use as is the equipment listed on the reverse side of this form, and accept full responsibility for the care of the equipment while it is in my possession.

10. I will be responsible for the replacement at full retail value, of any equipment rented under this agreement from, but not returned to, Escape. I also agree to replace, at full retail value, any equipment damaged due to my mishandling or riding style. This also includes bikes on bike racks. Escape is not responsible for bikes falling off bike carriers. Prices for lost/damaged equipment: pump $25, seat kit $38, helmet $35, gloves $20, hip pack $38, car rack $150

11. I agree to release and hold harmless Escape for any loss or damage of any kind, other than reasonable wear and tear, which results from the use of rental equipment.

12. I agree to return all rental equipment by the agreed time, and at the agreed location, to avoid additional charges of $10.00 per hour per bike and equipment.

13. I understand that there are inherent risks involved with cycling and hiking, and that injuries are a common and ordinary occurrence, and I freely assume those risks.

14. I have been provided with a helmet for use while cycling. Or, I have my own helmet.

15. If renting a bike, or participating on a bike trip, I fully understand the function of the quick-release front hub, and understand the importance of checking periodically to ensure it remains secure.

16. Given that I may be sharing the road with automobile traffic, I understand the importance of observing all applicable traffic laws, and understand the proper use of hand signals when turning and stopping.

17. I understand that Escape reserves the right to take photographic or film records and hereby agree that Escape may use these records for advertising and/or commercial purposes.

18. I give Escape the authority to charge the credit card on this form if I fail to comply with any part of this agreement.

19. In the event of an emergency (as determined by Escape leaders), I understand and give Escape the authority to call in search and rescue at their discretion, and understand that I will be held responsible for all related charges.

20. I understand that I will be held responsible for full payment of tour or bike rental regardless of whether I complete the scheduled tour route or ride the rented bicycle. I understand there are no refunds for leaving a tour early.

21. I understand that Escape is not responsible for my personal belongings while participating on this trip. This includes items left in the vehicle.