Assumption of Risk, Waiver of Liability and Indemnity Agreement
Terms And Conditions
All sales are final. No refunds will be issued after sale for any reason. We reserve the right to terminate purchased services if deemed necessary, and no refund will be issued.
Attachment A: Biking and Hiking Rules
1. While on a bicycle, a helmet must be worn AT ALL TIMES!.
2. Do not consume or transport alcoholic beverages or illegal/controlled substances.
3. Follow all instructions of Bikes and Hikes LA’s personnel, including any decision to limit or terminate an activity due to weather, physical capabilities or skill level of a participant, medical necessities or any other reason.
4. No refund will be given if a participant decides to leave a tour or hike early due to fatigue, inability to handle the bicycle or any other reason, even if a guide determines that a participant lacks the physical capability or skill to participate in some or all of the activity.
5. Bicycles are not allowed on the beach, or in the sand, at any time or cleaning charges will be applied.
6. Any damage to or loss of equipment during tour or hike will be charged to the participant. Any equipment not returned will be charged at new replacement costs. If bike is stolen while in your possession you will be charged $250.
7. All costs for cleaning repair or replacement of equipment will be charged to the credit card used for payment or deposit unless the participant provides an alternate method of payment. The participant’s signature on this agreement authorizes such credit card charges for cleaning, repair or replacement of equipment.
8. Acknowledgement and Assumption of Risks:
I acknowledge that the activities of biking and hiking involve certain inherent risks that are associated with riding a bicycle and hiking. These risks include but are not limited to the following: (1) Car accident, (2) Collision with other bikers, hikers (3) Exposure to extreme sun and/or inclement weather; (4) Any injury due to falling from bicycle or while hiking (5) Equipment failure (6) Tour operator error (7) Fatigue, lack of balance and dizziness, any of which may diminish my reaction time and ability to perform activities instruction or expertise can eliminate this inherent danger. I agree and promise to accept and assume full responsibility for all of the known and unknown risks referenced above, including the risk of serious injury or death. My participation in this activity is voluntary, and I elect the participation in spite of the known and unknown risks.
9. Assumption of Risk:
I agree and promise to accept and assume full responsibility for all of the known and unknown risks referenced above, including the risk of serious injury or death. My participation in these activities is voluntary and I elect to participate in spite of the risks.
10. Representation of Fitness:
I am physically fit and do not have any medical condition that would limit or inhibit my ability to engage in this activity. If I have any medical condition that may affect my abilities, including but not limited to pregnancy, heart conditions, asthma, diabetes or hypoglycemia, I have discussed my condition with Bikes and Hikes LA and have taken all necessary steps to ensure that my condition will not affect my safety or the safety of others during this activity. I am not under the influence of alcohol or drugs. I am capable of performing this activity. I agree to cease my participation in this activity immediately if I feel I am not capable of continuing.
11. Release And Waiver Of Liability:
In consideration for being permitted to participate in this activity, I, for myself, my heirs, representatives and assigns, do hereby release, waive discharge and covenant not to sue Bikes and Hikes LA and/or their owners, officers, employees, representatives and agents from and for all the liability for any loss or damage, and any claim or demand therefore on account of injury to person, death or property damage, whether caused by negligence or otherwise, which are in any way related to my participation in this activity or my use of equipment, facilities or services provided by Bikes and Hikes LA.
In consideration for being permitted to participate in this activity, I further agree to indemnify and hold harmless Bikes and Hikes LA and their owners, officers, employees, representatives and agents and each of them from any and all liabilities or claims made by other individuals resulting from or related to my participation in this activity and to reimburse them for any and all damages, claims made by other individuals resulting from or related to my participation in this activity and to reimburse them for any and all damages, claims, liabilities, costs and expenses, including attorney’s fees and other litigation or pre-litigation expenses.
13. Agreements to Follow Rules:
I agree to follow all rules of Bikes and Hikes LA while participating in this activity, as set forth in (#3). I understand that it is my responsibility to follow these rules without being reminded or told to do so, and that any failure on my part to follow these rules may increase the risk of serious injury or death.
14. Agreement to Follow Helmet Requirements:
I understand that helmets are required for the duration of bike tours. I understand that by refusing to accept or wear the helmet I have been offered, I may be endangering myself or exposing myself to unnecessary injuries or death. I understand that If I do not wear a helmet, I am doing so in spite of the serious risks of injury and/or death, and despite the recommendations of Bikes and Hikes LA.
15. Authorization of Medical Treatment:
I hereby authorize any medical treatment deemed necessary in the event of any injuries while participating in activities. I either have appropriate insurance, or, in its absence, agree to pay for all costs of rescue, emergency and medical services that may be incurred on my behalf, I agree to provide reimbursement for such costs.
16. Governing Law and Severability:
I further agree that this Assumption of Risk, Release, Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the state of California and that if any portion thereof is held to be invalid or unenforceable, that the remainder of this agreement shall, notwithstanding continue in full legal force and effect.
17. Photo and Video Release:
I authorize Bikes and Hikes LA to use any photographs or video taken of me during my tour for reproduction, sale, advertising or other display purposes without any compensation.
18 Parent or Legal Guardian of Minor Child (When Applicable): I am the parent or legal guardian of the children or minors named: (fill in at the end of the waiver) and, as such, I am authorized to enter into this agreement. I agree that the minor child and I are bound by and subject to the terms of this agreement. I further agree to indemnify and hold harmless Bikes and Hikes LA and their owners, officers, employees, and agents and each of them from any and all liabilities or claims made on behalf of the minor child that are in any way related to the minor child’s participation in this activity and to reimburse them for any and all damages, claims, liabilities, costs and expenses including attorney’s fees and other litigation or pre-litigation expenses.
19. Acknowledgement of Understanding:
I have read this Agreement. No other oral representations, statements or inducement have been made to me. I understand that I am giving up substantial legal rights, including my right to sue. I am signing this agreement voluntarily and intend my signature to be a complete and unconditional release of my liability to the greatest extent allowed by law.