Registration policies and procedures

ACKNOWLEDGEMENT OF RISK, WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

1. WAIVER OF LIABILITY. In consideration for participation in a Big Dream Bike Tours LLC cross-country bicycle tour (hereafter the “Event”), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Big Dream Bike Tours LLC, its owners, officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while participating in the bicycle tour and all related activities conducted therewith, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.

2. ACKNOWLEGEMENT OF RISK. I am fully aware of the risks and hazards connected with riding bicycles long distances, on public roadways and highways, and I am aware that such activities include the risk of injury, sickness and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to me and my property.  These hazardous activities include, but are not limited to: collision with pedestrians, vehicles, other cyclists, fixed or moving objects, surface hazards, pot holes, broken roads; equipment failure, weather conditions, fatigue, heat and cold exposure, sickness (including food poisoning), and rigorous physical activity.  I voluntarily assume full responsibility for any risks of loss, property damage, personal injury, or mental/psychological injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result participating in a Big Dream Bike Tours LLC cross-country bicycle tour, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.

3. INDEMNIFICATION. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.

4. TERMS AND CONDITIONS OF PARTICIPATION. I agree to participate in the event by following the itinerary and route prepared by Big Dream Bike Tours LLC and I acknowledge that if I intentionally deviate from the itinerary or route of Big Dream Bike Tours LLC, or fail to follow directions of Big Dream Bike Tours LLC staff, my privileges of further participation in the event may be revoked in the sole discretion of Big Dream Bike Tours LLC without refund.    I further acknowledge that I am physically fit and have sufficiently trained for the Event.  I am ultimately responsible for ensuring that I am physically fit to participate in the Event.  Notwithstanding, Big Dream Bike Tours LLC, in its sole discretion, may terminate my privileges of participating in the Event, if it determines that I lack the physical fitness to participate in the Event.  I agree to wear a Snell or ANSI approved bicycle helmet at all times when riding a bicycle during the Event and agree to have adequate medical insurance coverage for the duration of the entire Event.  Proof of insurance is required before participating in the Event. I consent to and permit emergency medical treatment in the event of injury or illness. I attest that I will abide by the rules and regulations of Big Dream Bike Tours LLC, and all state and local municipal laws applicable, including vehicle laws and practices for safe bicycling. I acknowledge and accept that Big Dream Bike Tours LLC, in its sole discretion, may expel without refund any participant who is unwilling to ride in a safe manner or displays unacceptable behavior.

5. INTENT TO BIND. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES.  I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Arizona and that any mediation, suit, or other proceeding must be filed or entered into only in Arizona Superior Court in the County of Pima. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.

6. RESERVATION OF RIGHTS. Big Dream Bike Tours LLC reserves the right to make changes in prices, itinerary, route or to cancel a tour for any reason.  Refunds shall be given in accordance with policies of Big Dream Bike Tours LLC.  Big Dream Bike Tours LLC is not responsible for damage, theft or loss of any personal gear, including bicycle.

7. LICENSE TO PERSONALITY. By accepting this agreement I grant full license to Big Dream Bike Tours LLC to use my personality, image and/or name, in connection with Big Dream Bike Tours LLC marketing and promotional efforts.  Such use includes, but is not limited to, online/website marketing, promotional videos, print advertising, etc.

IN SUBMITTING THIS FORM, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I accept this Agreement for full, adequate and complete consideration fully intending to be bound by same.