Skip to primary navigation Skip to content Skip to footer

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.

12. Indemnity:

In consideration for being permitted to participate in this activity, I further agree to indemnify and hold harmlessBikes 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.

 

Bikes and Hikes LA Text Messaging (SMS,MMS) Terms and Conditions

By opting in to receive SMSmessages from Bikes and Hikes LA or our subsidiaries or affiliates (hereinafter, “We,” “Us,” “Our”) (the “Service”), you agree to these SMS Terms and Conditions (the “Agreement”). This Agreement is not intended to modify other Terms and Conditions or our Privacy Policy that may govern the relationship between you and Us in other contexts.

Opt in: By opting in to receive SMS messages from Bikes and Hikes LA you agree to receive text messages regarding confirmations, reminders, or last minute changes regarding your booking. 
Data Rates and Frequency: Standard message and data rates may apply. Message frequency may vary. 
Opt out: You can opt out at any time by replying STOP or calling us at 323-796-8555 to request mobile opt out. 
Help: For help please reply HELP or reach out to us at [email protected].
Consent: Mobile opt in data or consent will not be shared with third parties for marketing or promotional purposes.

We respect your privacy. You can view our full privacy policy here: Privacy Policy

OUR TERMS AND CONDITIONS OF USE REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, WAIVE YOUR RIGHT TO A TRIAL BY JURY, AND REQUIRE CLAIMS TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE SERVICE.

  1. Providing Telephone Numbers and Duty to Notify:
    You verify that the mobile number provided to Us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by contacting us at [email protected]

  2. Your Consent to Receive Automated Calls/SMS:
    You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from Us concerning Our products, services, offers, promotions, and transactions, as well as your relationship with Us. You understand that consent is not required to make any purchase from Us. Message and data rates may apply. Message frequency may vary.

  3. Opt-Out Instructions:
    Your consent to receive automated texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply “STOP” to any mobile message from Us, or contact us at [email protected] and specify that you want to opt out of text messages. You may also text “HELP” or contact us at [email protected] for assistance. You acknowledge and agree to receive a final text message confirming your opt-out.

  4. Indemnification to Us:
    You agree to indemnify Us for any privacy, tort, or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend, and hold Us harmless from and against any and all such claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees).

  5. Limitation of Liability for Disputes and Breaches:
    Broadvoice shall not be held liable under any circumstances in the event of a breach, disagreement, or any other dispute between Bikes and Hikes LA and any of its customers, third parties, or individuals arising from such breach or dispute. All parties hereby acknowledge and agree that Broadvoice will not be liable for resolving, indemnifying, or assuming any liability related to disputes or issues that may arise between Bikes and Hikes LA and any other parties, including, but not limited to, claims, damages, or legal actions resulting from such breaches, disagreements, or disputes.

  6. Participation Requirements:
    By participating in the Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

  7. Miscellaneous:
    You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept this Agreement, as modified.