RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK
WARNING: BY AGREEING TO THE TERMS & CONDITIONS OF THIS WAIVER, YOU ARE WAIVING CERTAIN LEGAL RIGHTS PLEASE READ THE BELOW CAREFULLY
I, the undersigned, desire to participate in the attractions, events, and activities offered by PABS POINT AREA BICYCLE SERVICE LLC, including recreational cycling.
In consideration for being allowed to participate in these Activities on the dates as set out below, which consideration is hereby expressly accepted and acknowledged,
I RELEASE AND FULLY DISCHARGE PABS POINT AREA BICYCLE SERVICE LLC, its subsidiaries, affiliates, members, owners, officers, shareholders, employees,
volunteers, agents, representatives, and assigns (hereinafter “POINT AREA BICYCLE SERVICE”)
from any and all claims I may now and/or in the future have against POINT AREA BICYCLE SERVICE, and from any and all liability, for any personal injury, death and/or property damage, expense and/or loss sustained by me as a result of my participation or observance of these Activities, which is caused by any NEGLIGENT ACT OR OMMISION of POINT AREA BICYCLE SERVICE.
I ACKNOWLEDGE AND ACCEPT THESE ACTIVITIES ARE DANGEROUS.
There are inherent known and unanticipated risks and dangers and/or hazards of participating in these Activities. I understand that I could suffer property damage, as well as minor injuries or serious injuries, including bruises, scrapes, cuts, broken bones, psychological injury, paralysis, or even death, and/or loss resulting from any of these Activities. I understand, accept, and assume all risks of my participation. I have adequate medical insurance to cover any injuries to myself and/or agree to bear the costs of such treatment of any injury. I do not have any medical condition which could interference with my safe participation in these Activities. I acknowledge that the risks of these Activities can be greatly reduced by using common sense.
I ACKNOWLEDGE AND UNDERSTAND
that, for a fee of $400.00 in addition to the normal admission price, I may participate in the Activities without a requirement to sign a Release of Liability. In signing this
Release of Liability, I acknowledge I am aware of this option offered by POINT AREA BICYCLE SERVICE and hereby waive my right to purchase the same. I accept full responsibility for any personal injury which may result from my participation in the Activities ,and I hereby HOLD HARMLESS POINT AREA BICYCLE SERVICE for any personal injury sustained by me, including death, caused by the negligence of POINT AREA BICYCLE SERVICE while participating or observing the Activities. I agree not to bring any action or lawsuit against POINT AREA BICYCLE SERVICE for any personal injury caused by the NEGLIGENCE of POINT AREA BICYCLE SERVICE.
that by executing this agreement, I am representing that I am at least eighteen (18) years old and that I have read, and understand, the agreement.
that this Release of Liability, Waiver and Assumption of Risk will be governed by the Laws of the State of Wisconsin and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the State of Wisconsin, and I agree to reimburse POINT AREA BICYCLE SERVICE for any reasonable fees incurred in the defense of any action based upon my participation in the Activity. If I commence any action, or if any heir, agent, assign, or representative on my behalf does so, and POINT AREA BICYCLE SERVICE is added to the action in any manner whatsoever, whether justified or not, then I will be jointly and severally liable to POINT AREA BICYCLE SERVICE for the legal costs incurred in any such action, and agree to completely indemnify POINT AREA BICYCLE SERVICE.
PHOTOGRAPHS, VIDEOS AND RECORDINGS.
I hereby grant POINT AREA BICYCLE SERVICE the right to take any pictures or video during my participation or observance of any other’s participation in the Activities, and that POINT AREA BICYCLE SERVICE may use any pictures, videos or recording for promotion in print or digital media. POINT AREA BICYCLE SERVICE will own such images and I further grant POINT AREA BICYCLE SERVICE permission to copyright, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to POINT AREA BICYCLE SERVICE, including without limitation publications, advertisements, brochures, web site images, or other electronic displays and transmissions .I forever release and hold POINT AREA BICYCLE SERVICE harmless from any and all liability arising out of the use of the images in any manner or media whatsoever and waive any and all claims or causes of action related to the use of the images .In accordance with Wisconsin law, nothing in this Release should be construed as releasing, discharging, or waiving any claims I may have for reckless or intentional acts on the part of POINT AREA BICYCLE SERVICE.
I HAVE READ AND FULLY UNDERSTOOD THIS FORM AND AGREE TO BE BOUND BY IT DURING THIS AND ALL SUBSEQUENT ATRACTIONS, EVENTS, AND ACTIVITIES OFFERED BY POINT AREA BICYCLE SERVICE. I am aware that by signing this release of liability, I am waiving certain legal rights including the right to sue POINT AREA BICYCLE SERVICE LLC, its owners, officers, shareholders, agents, or employees for negligent acts or omissions.
CAUTION: READ BEFORE AGREEING! THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND WILL BAR YOUR RIGHT TO SUE!
for Activities during the 2020 calendar year running from 01/01/2020 through 12/31/2020
If Participant is Under 18
If participant is under 18, the Parent or Legal Guardian must read this form and sign below: This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree not only to his/her release of PABS POINT AREA BICYCLE SERVICE LLC its principals, directors, trustees, officers, agents, employees and volunteers, but I also agree to release, indemnify and hold harmless PABS POINT AREA BICYCLE SERVICE LLC its principals, directors, trustees, officers, agents, employees and volunteers from any and all liabilities incident to said participant’s involvement in these programs on behalf of myself, my heirs, successors, assigns next of kin, and personal representatives.