EZ Rider Bike Shop Waiver / Release Form
ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT
All participants must sign and agree to the below Waiver
I, the below-named participant, being above age eighteen, or the parent or legal guardian of the below-named person who is under age eighteen, in consideration of the Services/Activities of EZ Rider Bike Shop the rate charged for those services, or the worth of them as freely given, and the right to engage in the Services/Activities as a participant, hereby acknowledge, agree, promise and covenant with EZ Rider Bike Shop and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representative and net of kin:
Parties/Definitions:
Releasee: EZ Rider Bike Shop its instructors, employees, agents, owners, and contractors
Releasor: The rider and/or the person signing the waiver
Activities: Demo, Rental, Tour and/or related bicycle activities
1. ACKNOWLEDGMENT OF RISK: I acknowledge, agree and represent that the Demo, Rental, Tour and/or related bicycle activities (“Activities”) I am about to engage in voluntarily, bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property or the property of EZ Rider Bike Shop. I further acknowledge that I understand the nature of bicycling and electric bicycling and related Activities and that I am qualified, sober, in good health, and in proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation.
2. ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand the following:
a. Cycling and electric bicycle riding, and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including, but not limited to permanent disability, paralysis, and death to myself and to other third parties;
b. These risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the negligence of the “Releasor” named below;
c. And there may be additional risks, including social and economic losses, whether known or unknown to me or not currently foreseeable; and I accept responsibility for any such risks involving the minor named above resulting from my participation in the Activities.
3. I hereby RELEASE, DISCHARGE, INDEMNIFY AND COVENANT to accept and assume all responsibility and risk associated with the Demo, Rental, Tour, Demonstration, and use of the bicycle and electric bicycle provided by EZ Rider Bike Shop, including any risks of death, illness, disease, or damage to third parties and their property arising from my participation in these Activities.
I further agree not to pursue any legal action against EZ Rider Bike Shop its instructors, employees, agents, owners, and contractors (each considered one of the “Releasees”) and release the aforementioned persons from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent, rescue operations.
I agree to defend, indemnify, and hold harmless the Releasee Parties from and against any and all claims, lawsuits, damages, judgments, settlements, attorney's fees, and expenses arising out of: my operation or possession of the bicycle; injury or death to any third person caused in whole or in part by my conduct; damage to property; my violation of any law or regulation; my breach of this Agreement. This obligation includes claims brought by passengers, family members, other cyclists, pedestrians, or governmental entities arising from my use of the bicycle.
This Agreement shall be governed by the laws of the State of Illinois. Any litigation arising from this Agreement shall be brought exclusively in the state or federal courts located in Cook County, Illinois, unless otherwise required by law.
I further understand and accept responsibility for the bicycle from the time it is delivered to me until it is returned to EZ Rider Bike Shop. agree to pay the reasonable cost to repair or replace any bicycle or equipment to EZ Rider Bike Shop that is lost, stolen, damaged, destroyed, or not returned as a result of my participation in the Activities. My participation in the Activities is entirely voluntary, with no coercion or obligation, and I choose to participate despite the inherent risks.
4. I AGREE TO ABIDE by EZ Rider Bike Shop policies and agree to comply with all instructions of the guide, instructor or staff in connection with participation in the Activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the Activities without reimbursement or cancelation of fees paid or owed.
I understand that the use of possession of drugs or alcohol is strictly prohibited before and during the Activities and will be grounds for immediate removal from the Activities with our reimbursement of fees paid or owed. I agree that if in the judgement of my instructor and/or guide, he/she must call for assistance during the trip due to my noncompliance with his/her instructions or EZ Rider Bike Shop policies that I accept responsibility for paying any associated rescue and transportation costs.
I, as a legal adult of 18 years or older (or as the parent/legal guardian of a minor named below) have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have sign it freely and without any inducement and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between EZ Rider Bike Shop, its agents or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of EZ Rider Bike Shop or by me. If any portion of this agreement is unenforceable the remaining portions shall remain if full force and effect. All applicants are subject to acceptance by EZ Rider Bike Shop, upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed in the State of Illinois, and shall be construed according to the laws of the state in which the rental / or tour ride occurs in.
Signature: Date:
Name of Minor (if signing on behalf of Minor):