Rental Agreement and Waiver

BIKING Roots, LLC
Assumption of Risk, Waiver of Liability, and Indemnification Agreement
Nature of the Activity: BIKING Roots, LLC (hereafter referred to as BIKING) is primarily bicycle business that focuses on providing rental bikes for the area bike trails. BIKING also offers weekly guided trail rides on local bike trails and other bicycling activities. Biking is a popular, inexpensive, and healthful recreational activity that can contribute to one’s physical, mental, and emotional fitness. That said, like all physical activities, there is an inherent risk of injury. [An inherent risk is a danger or condition that is an integral part of the activity; one that cannot be eliminated without changing the nature of the activity].
As you rent a bike, you need to be aware of some of the inherent risks of biking or trail biking. A common inherent risk of biking is falls from the bike. Causes include, but are not limited to, hitting a sandy spot and losing control, loss of balance, bike malfunction, and loss of control due to excess speed for conditions. Irregular surfaces create risks for the biker when holes, tree roots, fallen limbs, bumpy surfaces, puddles, and washouts are encountered. Collisions comprise another inherent risk of biking. These result from striking another bicycle, walkers, trees, and other stationary objects. There is always a risk from wildlife which includes bees, insects, spiders, snakes, and more. Weather conditions present another inherent risk including sudden thunderstorms, lightning, high humidity and high temperatures, getting cold and wet in the winter, and more. There is always the risk of getting stranded due to bicycle malfunction and having to walk a long distance; similarly, one is sometimes a long way from emergency medical care. Streets and sidewalks include such risks as broken pavement, potholes, pedestrians, hard surfaces for falls, and automobiles.
BIKING feels that it is important that the Participant/Parent [which refers to either an ADULT Participant, or a MINOR Participant and his/her PARENTS/GUARDIANS] understand the three types of injuries that can result from bicycling. First is the common Minor Injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, contusions, rashes, getting over-heated, and getting chilled or soaked. The second type of injury is the Serious Injury. Examples of serious injuries are broken bones, ligament and joint injuries, concussions, allergic reaction, heat stroke, and eye injury. These are rare, but do occasionally occur. The third type of injury is the Catastrophic Injury. Some examples of catastrophic injury are Lyme disease, heat stroke, paralysis, heart attack, and death. Even though the likelihood of such an injury is very remote, we feel that the PARTICIPANT/PARENT should be aware of all possibilities.
Assumption of Inherent Risks: I, the PARTICIPANT/PARENT, have read the above paragraphs and know that bicycling involves inherent risks. I understand the demands of bicycling relative to my physical condition and skill level, and I appreciate the types of injuries that may occur as a result of biking and their potential impact on my well-being and lifestyle (and that of my child). I hereby assert that my participation (and that of my child) is voluntary and that I (and my child) knowingly assume all inherent risks.
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Waiver of Liability for Ordinary Negligence: In consideration of permission to rent bicycles from BIKING today, and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, personal representatives, and assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue BIKING Roots LLC, its owner, its property owner, employees, equipment providers, and agents, as well as the owners of property on which BIKING activities take place [hereafter referred to as Protected Parties] from liability from any and all claims arising from the ordinary negligence of BIKING or the other protected parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from use of a BIKING rental bike or participating in the youth trail ride (including, but not limited to, instruction, equipment failure, and premises- or trail-related incidents including any associated BIKING sidewalks and parking lots); and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
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Indemnification: I, the PARTICIPANT/PARENT, agree to hold harmless, defend and indemnify BIKING and Protected Parties from claims of Releasing Parties (or others acting on behalf of PARTICIPANT) arising due to injuries or death caused by inherent risks of the activity or the ordinary negligence of Protected Parties while participating in BIKING bicycling activities or on BIKING bicycles. I further agree to hold harmless, defend, and indemnify BIKING and Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the client while on the premises utilized for BIKING activities. I understand that this means I will compensate for loss or damage and pay any judgment and costs, including investigation costs, attorney’s fees, expert witness fees, and related expenses.
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Clarifying Clauses: I, the PARTICIPANT/PARENT, confirm and agree to the following:
1) Integration Clause. This agreement cannot be modified or changed in any way by representations or statements by any agent or employee of BIKING.
2) Severability Clause. This agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
3) Venue, Jurisdiction, & Choice of Law. If legal action is brought arising from BIKING activities, the venue for any legal action shall be in the appropriate trial court for Harris County, Texas, or the United States District Court for the Southern District of Texas and that the substantive laws of the State of Texas shall apply.
Assertions and Agreements: I, the PARTICIPANT/PARENT:
Rules & Actions
• agree to attempt only rides which I feel I am capable of performing safely.
• agree to stay in areas or on trails that will not place me in undue danger.
• agree to obey all relevant bicycle safety rules including wearing a helmet at all times.
Health & Safety
• possess a sufficient level of skill and physical fitness for safe participation in BIKING bicycling.
• have no health problems that would make participation in BIKING bicycling unwise.
• acknowledge that BIKING encourages clients to get medical clearance prior to beginning an active bicycling program.
Adult Participant
Acknowledgement of Understanding: I, the ADULT PARTICIPANT have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury, or financial loss. I acknowledge that I am voluntarily signing this agreement, and I intend my signature to be a complete release of liability arising from injuries while participating in BIKING biking activities or using BIKING bicycles or equipment due to the Inherent Risks of BIKING Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Texas.
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Name of Adult Participant (Please Print) Signature of Adult Participant Date
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Emergency Contact Person Relationship Phone Cell
Parent/Guardian of a Minor Participant Acknowledgement of Understanding: I, the Parent/Legal Guardian of the minor listed below, hereby grant my minor child permission to participate in all BIKING Activities, including the weekly guided trail rides led by a staff member. Further, I have read and fully understand this 2-page BIKING Assumption of Risk, Waiver of Liability, and Indemnification Agreement, and agree to be bound by this agreement on behalf of myself, my spouse, the minor child, and any party filing on behalf of the minor child. I understand that I am releasing both my right and the right of my minor child to sue for damages in the event of injury, death, or financial loss. I intend my signature to be a complete release of liability arising from injuries while participating in BIKING recreational activities or using BIKING bikes and equipment due to the Inherent Risks of BIKING Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Texas. Additionally, I, the Parent/Guardian of the minor child, assert that I have explained the inherent risks of BIKING Activities and equipment to my minor child and that the minor understands this Agreement and assumes the inherent risks of bicycling.
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Name of Parent/Guardian of Minor (Please Print) Signature of Parent/Guardian Date Emergency Contact Number
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Name of Parent/Guardian of Minor (Please Print) Signature of Parent/Guardian Date Emergency Contact Number
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Name of Minor Participant Age Date of Birth Current Date