THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. READ AND UNDERSTAND BEFORE SIGNING.
NAME OF PARTICIPANT: _______________________________________________
PHONE NUMBER (optional): ________________________
ADDRESS: __________________________________________ (STREET) (CITY) (STATE) (ZIP)
I, the above-named person, being above age eighteen, or the parent or legal guardian of the above-named person who is under age eighteen, acknowledge, agree, promise, and covenant with Big Sur Adventures, Inc and all persons, entities, employees, and agents, on behalf of myself, heirs, assigns, personal representative, and next of kin:
ACKNOWLEDGEMENT OF RISK: I acknowledge, agree, and represent that the lesson, rental, and/or tour and related activities (“Activities”) I am about to engage in voluntarily bear certain known and unanticipated risks. These risks could result in injury, death, illness, disease, or physical or mental damage to myself, my property, other third parties or their property, or the property of Big Sur Adventures, Inc. I understand the nature of cycling and related activities and confirm that I am qualified, in good health, and in proper physical condition to participate. I willingly agree to comply with the stated terms and conditions of participation.
ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand that cycling and electric bicycle riding, and related activities involve risks and dangers. These risks include damage to personal property and serious bodily injury, such as permanent disability, paralysis, and death to myself and others. I acknowledge that these risks 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 “Releasees” named below. I assume all responsibility and risk for injury, death, illness, or disease, or damage to myself, my property, or that of the minor named above, arising from my participation in the activities.
RELEASE AND INDEMNITY: I HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their property arising from my participation in the activities. I agree not to sue Big Sur Adventures, Inc, its instructors, employees, agents, owners, and contractors (each considered one of the “Releasees”) from all liability, claims, demands, losses, injuries, damage to property, or other damages caused by the negligence of the “Releasees” or otherwise, including negligent rescue operations. I will indemnify, save, and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost that may be incurred as a result of any claim made by me or anyone on my behalf. I understand and agree to fully reimburse Big Sur Adventures, Inc for any damage caused to its property as a result of my participation in the activities.
COMPLIANCE WITH POLICIES: I AGREE TO ABIDE by Big Sur Adventures Inc’s policies and comply with all instructions of the guide, instructor, or staff in connection with participation in the activity. Failure to follow such directions may result in the termination of my privilege to participate without reimbursement or cancellation of fees paid or owed. I acknowledge that the use or possession of drugs or alcohol is strictly prohibited before and during the activities, and it will result in immediate removal without reimbursement. I accept responsibility for paying any associated rescue and transportation costs if deemed necessary by my instructor and/or guide due to my noncompliance with instructions or policies.
CONSENT TO USE OF MEDIA: By participating in or attending any activities in connection with Big Sur Adventures, Inc, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME for publicity, promotion, television, websites, or any other use. I waive any right of privacy, compensation, copyright, or other ownership right connected to the same.
My signature below indicates that I have read this agreement, fully understand its terms, and have signed it freely and without any inducement or assurance. I intend it to be a complete and unconditional release of all liability to the extent allowed by law. This is the entire agreement between Big Sur Adventures, Inc, its agents or employees, and myself, and it cannot be modified or changed by any representation or statement. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. All applicants are subject to acceptance by Big Sur Adventures, Inc. This agreement is deemed to have been entered into and performed at Pacific Grove, California, and shall be construed according to the laws of the State of California.
SIGNATURE OF PARTICIPANT: ____________________________________
(FOR PARTICIPANTS UNDER AGE 18 AT THE TIME OF REGISTRATION ONLY)
PRINTED NAME OF PARENT/LEGAL GUARDIAN: ___________________________
SIGNATURE OF PARENT OR LEGAL GUARDIAN: ___________________________