RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
1. ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the following activity: (hereinafter referred to as “the Activity”), which is organized by Elevelo LLC (hereinafter referred to as “Elevelo”). I understand that:
• the Activity is inherently hazardous, and I may be exposed to dangers and hazards, including some of the following (depending on the nature of the Activity): falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, hypothermia, hostile or aggressive wildlife, death, equipment failures, losing control of or crashing the bike, traffic, collisions with moving or parked vehicles or other obstacles, road and/or mountain bike trail hazards (for example – sewer gratings, gravel, logs and debris), failure to wear a helmet and/or other protective equipment, and negligence of others;
• as a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged;
• hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Activity;
• and Elevelo assumes no responsibility for providing medical care during the Activity, and I will have to pay for any medical care and/or evacuation that I incur.
In consideration of the permission to participate in the Activity, I agree to the terms contained in this document.
2. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by the negligence of Paul Daniels, ELEVELO , its employees, agents, and officers, its contractors, and other Activity participants. I also understand that any equipment that I provide or may borrow or rent from ELEVELO or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
3. RELEASE OF LIABILITY: I hereby RELEASE Paul Daniels, ELEVELO , its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, land owners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Pennsylvania law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activity or are related in any way to the Activity.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activity provided to me and to follow directions given to me by the leaders of the Activity, including WEARING A BICYCLE HELMET whenever I am riding.
6. INDEPENDENT CONTRACTORS: I acknowledge that ELEVELO has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity.
7. USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to ELEVELO and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
8. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Pennsylvania law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
9. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the commonwealth of Pennsylvania, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the courts of Luzerne County or in the U.S. District Court for the Middle District of Pennsylvania, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
Signature of Customer:
If participant is a minor, signature of parent or responsible adult is required below: In consideration of the minor child being permitted to participate in the Activity, I accept and agree to the full contents of this agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding this Activity. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor child during the Activity or in any way related to the Activity. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional, or reckless misconduct, or any other liabilities that Pennsylvania law does not permit to be excluded by agreement.
Parent/Responsible Adult Signature:
COMMUNICABLE DISEASE RELATED HOLD HARMLESS, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the following activity: (hereinafter referred to as “the Activity”), which is organized by Elevelo LLC (hereinafter referred to as “Elevelo”). I understand that:
IN CONSIDERATION of being permitted to compete, officiate, observe, work, or participate in any way in the EVENT(S), I for myself, my personal representatives, heirs, and next of kin:
1. Affirm that I have not been diagnosed with, demonstrated any symptoms of or have in any way been exposed to any communicable diseases (including but not limited to the virus commonly referred to as COVID-19) within the past thirty days;
2. Acknowledge that I am aware that by entering the premises and participating in the EVENT(S) that there are risks to me and to those with whom I interact of exposure, directly or indirectly, to communicable disease(s) including but not limited to the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, “COVID-19” and/or any mutation or variation thereof;
3. HEREBY voluntarily agree to RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE on behalf of myself or on behalf of others with whom I interact, the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, competition vehicle owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, advertisers, owners and leasees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, all for the purposes herein referred to as “Releasees”, from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor, whether caused by the negligence of the Releasees or otherwise;
4. HEREBY agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur arising out of or related to my illness or death, whether caused by the negligence of the Releasees or otherwise.
I HAVE READ THIS COMMUNICABLE DISEASE RELATED HOLD HARMLESS, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
All Sections Must Be Completed.
Signature of Customer:
RENTAL AGREEMENT TERMS
1. At Elevelo LLC, agrees to rent the above described equipment to the undersigned.
2. All rent due hereunder for the rental of the equipment by me shall be paid in advance at the time this agreement is signed.
3. I have inspected the equipment to be rented by me as described on the top of the agreement and I accept full responsibility for the care of the equipment while it is in my possession. Any damage to the equipment other than caused by reasonable wear and tear, shall be my responsibility and shall be repaired or replaced by Elevelo LLC at my sole cost and expense.
4. I will be responsible for the replacement at full retail value of any equipment rented under this agreement, but not returned to Elevelo LLC. Bike will be returned on:
5. I agree to return to Elevelo LLC all equipment rented under this agreement by the agreed date in a clean condition to avoid any additional charges for which I will be responsible.
6. I agree to hold harmless and indemnify Elevelo LLC and its owners, agents, and employees for any loss or damage, including any that results from, claims, demands, actions, and/or property damage related to the use of the equipment rented under this agreement.
7. I understand that there are inherent and other risks involved in the sport for which this equipment is to be used, that injuries are a common and ordinary occurrence of the sport, and I freely assume those risks including the risk of injury to myself and to third persons and of damage to my property and property of others.
8. I agree that only the person to whom the equipment is rented and fitted shall use the equipment
9. I hereby release, remise and discharge Elevelo LLC and its owners, agents, and employees from any and all liability for damage and injury to myself and/or to any other person and/or property resulting from negligence, installation, maintenance, selection, adjustment, and/or use of the equipment rented hereunder, or any other fault, accepting myself that full responsibility for any and all such damage and/or injury which may result there from.
10. For any contract or other activities on against Elevelo LLC the damages are limited to the amount of rental fee only. I agree that no consequential damages can be collected.
11. The parties agree and understand that if any clause or phrase of this agreement is unenforceable or invalidated by law the rest of this agreement is to remain in full force and effect.
12. By signing below as renter, I certify that I am 18 years of age or older.
13. All instructions on the use of my rental equipment have been made clear to me, and I understand the use and function of my equipment. I, the undersigned, intending to be legally bound and in consideration of the equipment provided for my use, have read and understand the rental and release agreement above and agree to be bound by all of the above terms and conditions including the limitation of liability of Elevelo LLC
Signature of Customer: