PART I
IMPORTANT. READ
CAREFULLY. This document affects your legal rights. It must be signed by you,
the “Participant”, whether you are an adult or minor, if you are renting
or otherwise using equipment or participating in activities offered by Riverside Junction (referred to in this
document as “Provider”). It must be signed also by your parent or guardian if
you are a minor Participant (under 18 years
of age.) The parent or guardian agrees to these terms individually and on behalf
of the minor. Only a parent or legally
appointed guardian may sign for a minor Participant. References in this
agreement to “I” or “we” include all who sign below unless otherwise clearly indicated.
PARTICIPANT AGREEMENT
(Including Acknowledgment and Assumption of Risks,
Agreements of Release and Indemnity, and
Additional Provisions)
In consideration
of the opportunity to rent or otherwise use certain equipment and/or
participate in activities offered by Provider, Participant (adult or minor),
and the parent or guardian of a minor Participant, understand, acknowledges and
agrees as follows:
PART II Activities, Hazards and Risks
The services of
Provider may include renting bicycles and equipment and providing trips
(including guided trips) by bicycle). Activities , scheduled and unscheduled,
associated with these services may include, in
addition to travel by bicycle, swimming, wading. hiking,
climbing on rocks and slopes, camping and travel to
and from the activities.
The hazards and risks (together referred
to as “risks”) of the use of the bicycle include the following: entering,
exiting and operating on trails, roads and highways
which may be subject to useage by automobiles, trucks and other vehicular
traffic moving at rapid rates in changing conditions; objects which may be
encountered in, on and off of the trail, road or highway,
and which may not be obvious, including debris, trees, rocks, boulders, and
other hazards; the bicycle may overturn, strike other
objects and riders may become separated from the bicycle; feet and other parts
of the body may become entrapped in or under the
bicycle and other objects: participants may strike or be struck by objects,
other bicycles, and other persons, in and around the bicycle. Risks of other
activities include those associated with camping, hiking and moving on and over terrain, including the premises of Provider and
others, and elsewhere, which may be unstable, steep and slippery and where rocks, trees, and other objects may fall,
and man-made and natural structures may fail; animals, including poisonous reptiles, and poisonous plants may cause harm;
unfamiliar surroundings may cause entrapment and injury from slips and falls. Other risks include errors in judgment
of Provider’s staff and other participants, including the improper assessment
of capabilities and conditions pertaining to the activities: certain activities
intended to be instructional, and designed to extend the
skills of participants; equipment may be misused or may fail because of manufacturing
defects or otherwise; collisions with others may occur
while riding or while traveling by vehicle to and from the activities; the
activities are subject to the unpredictable forces of nature, including exposure to the sun, cold, wind, hail, lightning,
flash floods and other such phenomena; activities may take place in remote places, significantly delaying emergency medical care
and evacuation.
Participant, and the parent or guardian of
a minor Participant, acknowledge and understand that the description of
activities and risks above is not complete and that all
activities, whether or not described, may be dangerous and may include risks
which are inherent and cannot be reasonably avoided without changing the nature
of the activity. Participation in the activities can cause bites, stings, allergic reactions, overexertion, heat stroke. hypothermia, illness
due to contaminated water, burns, cuts, bruises, strains,
broken bones, and other injuries and illnesses. Property loss, and serious
injury and death, including by falling are possible.
Provider
has made no effort to determine, and accepts no responsibility for, medical,
physical or other qualifications or the suitability of Participant, or
other participants, for the activities. Client, and the parent or guardian of a
minor Participant, accepts full responsibility for determining Participant’s
medical, physical or other qualifications or suitability for participating in
the activities. Provider is not responsible for the water conditions, routes. camp
sites, or other activities of renters of its equipment. Certain activities may
be conducted by independent contractors hired by Provider. These contractors
are not trained or supervised by Provider and
Provider has no control over them and accepts no responsibility for their
conduct. Alcohol will, and other substances may, impair judgment and
reduce a participant’s ability to effectively manage the risks of bicycle
travel, camping and land activities. Participants should inspect unfamiliar terrain and
other hazards before attempting to pass through or over them; participants should always wear protective clothing and a
bicycle helmet; participants should wear footwear which will provide protection
from sharp objects, and which will minimize
the risk of foot entrapment. Failure to adhere to these and other safety
precautions may result in serious
injury or death.
PART III Acknowledgment and Assumption of Risks
I , the
Participant (adult or minor) and the parent or guardian of a minor Participant,
understand the nature of the services of Provider and
other activities which may occur, and their risks. I acknowledge and expressly
assume all risks of the activities, whether or not
described above, known or unknown, and inherent or otherwise. I take full responsibility
for any injury or loss, including death, which I, or a
minor child for whom I sign, may suffer, arising in whole or part out of such
activities.
PART IV Agreements of Release and Indemnification, and Additional
Provisions
If I am an adult participant, or the
parent or guardian of a minor Participant, I agree, for myself and on behalf of
the minor participant for whom I am signing,
as follows:
I release Provider, its employees, contractors, volunteers,
directors and owners ("Released Parties") from any and all claims of injury or loss which I, or the minor child for whom I sign,
may suffer, arising out of or in any way related to my, or the child's, enrollment in or participation in the activities of Provider
or the use of its equipment. Neither I, the minor child, nor
anyone acting on our behalf, will bring suit or otherwise assert any such claims against a
Released Party
I will
indemnify (that is, defend and satisfy by payment or reimbursement, including
costs and
attorneys' fees)
each Released Party from any claim of liability, including one brought by or
for a minor child for whom I sign, a co-participant
in any of the activities of Provider, a rescuer, a member of my, or the minor
child's, family, or anyone else, asserting a loss arising
out of or in any way related to my, or the child's, enrollment in or
participation in the activities of Provider or the use of its equipment.
The agreements
of release and indemnification above include claims arising in whole or in part
from NEGLIGENT (but not grossly negligent, reckless or intentionally wrong)
acts or omissions of Released Parties or any of them, and all other claims,
including for personal injury, wrongful death,
property damage, products liability (including strict liability), breach of contract
or warranty, or otherwise. The agreements are intended
to be enforced to the fullest extent allowed by law, and to be binding on me as
Participant and on me as parent or guardian of a minor
Participant, individually and on behalf of the minor for whom I sign.
I acknowledge
that
1. Act within the limits of his or her ability.
2. Heed all warnings regarding participation in
the recreational activity.
3. Maintain control of his or her person and the
equipment, devices or animals the person is using while participating in the
recreational activity.
4. Refrain from acting in any manner that may
cause or contribute to injury to himself or herself or
to othe persons while participating in the recreational activity.
A
violation of this law constitutes negligence.
(WI Stat. 895.525 (3)
PART V Additional
Provisions
I authorize Provider to provide or obtain for me, or the minor
child for whom I sign, such medical care as it considers necessary and appropriate, and I agree to pay all costs associated with
such care and related transportation. Any dispute between Provider and me or the minor child for whom I sign will be governed by
the substantive laws of the State of Wisconsin, and any mediation or suit shall take place only in that State, in the
County of
PART VI
This agreement
is entered into voluntarily, and after careful consideration. Its terms cannot
be amended except in writing. I understand that it is binding, to
the fullest extent allowed by law, upon all persons signing below, our
respective heirs, executors, administrators, wards, minor
children (whether or not they are Clients) and other family members. If any
part of this agreement is found by a Court or other
appropriate authority to be invalid, the remainder of the agreement
nevertheless shall be in full force and effect.
Participant
(adult or minor)
Date:
Parent or Guardian Parent or Guardian
Date: Date: