TERMS OF SERVICE
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Block Island Guided Bike Tours LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "BIGB"), I hereby agree to release, indemnify, and discharge BIGB, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in guided bike tours and electric bike activities 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. The risks include, among other things: slips and falls; accidents involving other bikes or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the bike; the negligence of other operators of electric bikes, myself; or other persons who may be present; bruises, abrasions, cuts, lacerations, sprains, strains, broken bones, fractures; musculoskeletal injuries including head, neck, and back injuries; transmissible pathogen or disease; exhaustion; equipment failure; my own physical condition, and the physical exertion associated with this activity.
2. 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. A properly fitted and secured DOT and/or SNELL or a Consumer Product Safety Commission, (CPSC) certified helmet must be worn by all Participants when a helmet is required by applicable state or local law or when recommended (or required) by the manufacturer.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BIGB 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 BIGB’s equipment or facilities, including any such claims which allege negligent acts or omissions of BIGB.
4. Should BIGB or anyone acting on their 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.
5. 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.
6. In the event that I file a lawsuit against BIGB, I agree to do so solely in the state of Rhode Island, and I further agree that the substantive law of that state 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.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against BIGB on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at BIGB. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
The following information will be required on arrival:
Print Name: DOB: Phone Number:
Address: City:
State Zip: Email:
Signature of Participant: Date:
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of the following minor(s): (print name(s) and DOB(s))
being permitted by BIGB to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless BIGB from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).
Parent or Guardian: Print Name: Date:
*Cancelation policy: 24 hours required to cancel for a full refund.