Responsibility for Equipment,Release of Liability and Assumption of RiskThe individual named below (referred to as “I” or “me”) desires to rent bicycle relatedequipment from the company doing business as Park City Bike Demos (the “Company” or“Park City Bike Demos”) and participate in bicycling related activities (the “Activities”). Aslawful consideration for the foregoing, I agree to all the terms and conditions set forth in thisagreement (this “Agreement”).
1. I accept full financial responsibility for all equipment rented by me from Park City Bike Demos. 2. I will return it undamaged by the agreed time and date, and if I fail to do so, I will pay any required late fees for additional days of rental and/or pay for its repair or replacement at the full replacement rate, as determined by Park City Bike Demos. 3. Prior to using, I will make sure I understand how this equipment works and will havereceived satisfactory instructions. I agree to check this equipment before each use and if atany time the equipment does not seem to be working properly I will stop using itimmediately and return it for inspection and/or possibly repair or adjustment.4. I acknowledge and confirm the accuracy of all relevant information written by me on thisform or otherwise provided by me to Park City Bike Demos. I acknowledge that anyinaccurate information provided by me may cause the equipment to fail to performproperly.
Release of Liability And Assumption Of RiskI AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUSACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/ORPROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING INTHE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREETO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTYDAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OROTHERWISE.I hereby expressly waive and release any and all claims, now known or hereafter known,against the Company, and its officers, directors, employees, agents, affiliates, members,successors, and assigns (collectively, “Releasees”), on account of injury, death, propertydamage or otherwise, arising out of or attributable to my participation in the Activities and/orrental of equipment, whether arising out of the negligence of the Company or any Releasees orotherwise. I covenant not to make or bring any such claim against the Company or any otherReleasee, and forever release and discharge the Company and all other Releasees from liabilityunder such claims.I will defend, indemnify, and hold harmless the Company and all other Releaseesagainst any and all losses, damages, liabilities, deficiencies, claims, actions, judgments,settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, includingattorney fees, fees and the costs of enforcing any right to indemnification under this Agreement,Page 2 initials: _______4830-2736-1417v2and the cost of pursuing any insurance providers, arising out or resulting from any claim of athird party related to the Activities.Without limiting the foregoing, I acknowledge and agree that:1. Equipment may malfunction during use and Park City Bike Demos and/or its employees,management, or subcontractors are not responsible for this malfunction, errors during setup,and/or any information given about terrain, risk, technique, weather conditions, or otherfactors.2. I understand and agree that all forms of cycling are HAZARDOUS and that injuries arecommon and ordinary occurrences during this activity. I AGREE AND ASSUME ALL RISKSON BEHALF OF MYSELF AND MY FAMILY OR PARTY of death or injury of any sort whileusing cycling and/or related equipment from Park City Bike Demos. THESE RISKSINCLUDE falling, collision, striking of unseen obstructions or persons, unsafe speed,possible equipment malfunction or equipment failure, weather conditions such ashypothermia, sun stroke, sunburn, heat exhaustion, dehydration, and impact with vehicles orhazards from riding on paved areas or open traffic.3. I understand and agree that certain risks of cycling may be reduced but not eliminated withtraining, or following “YOUR RESPONSIBILITY CODE” which may be posted at trailheads,in shops, in our vehicles, and at base areas of mountain biking locations.4. I understand that a helmet designed for specific recreational sports use will help reduce therisk of some types of injuries to the user at slower speeds. I recognize that serious injury ordeath can result from both high and low energy impacts even when a helmet is worn.5. I understand that cycling may be a strenuous physical activity and that death or healthissues can occur from elevation, elevated blood speed, pressure, or temperature,respiratory ailments, hazardous terrain or locations from mining remnants or street or pavingcontaminants, and other areas. These liabilities are completely my own responsibility tomonitor and seek prevention of.This Agreement constitutes the sole and entire agreement of the Company and me withrespect to the subject matter contained herein and supersedes all prior and contemporaneousunderstandings, agreements, representations, and warranties, both written and oral, withrespect to such subject matter. If any term or provision of this Agreement is invalid, illegal, orunenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect anyother term or provision of this Agreement or invalidate or render unenforceable such term orprovision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit ofthe Company and me and their respective successors and assigns. All matters arising out of orrelating to this Agreement shall be governed by and construed in accordance with the internallaws of the State of Utah without giving effect to any choice or conflict of law provision or rule(whether of the State of Utah or any other jurisdiction). Any claim or cause of action arisingunder this Agreement may be brought only in the federal and state courts located in Salt LakeCounty or Summit County, Utah and I hereby consent to the exclusive jurisdiction of suchcourts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THETERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIALLEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.Statement of ResponsibilityI authorize my credit card to be used for payment and security for my rentals for the cost of therental, and/or damages, lost, theft, or other expenses related to the rental. Should my card nothonor the reservation and/or additional costs, I am still liable for the expense of these rentals.