PARTICIPATION AGREEMENT

Introduction

I have carefully read the terms and conditions stated in these pages. In consideration for the right to participate, I agree as follows:

A) Safety: I have read and I understand the Bicycle Safety information provided to me by Discovery Bicycle Tours, and I will follow Discovery Bicycle Tours’ rules and guidelines concerning safe bicycling. I agree to operate my bicycle at all times with common sense, reasonable care and in a manner consistent with my ability, and to wear a good quality bicycle helmet at all times while on tour.

B) Acceptance of Risk: Although Discovery Bicycle Tours has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, Discovery Bicycle Tours has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. Discovery Bicycle Tours does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks. Serious bodily injury or death can result from the physical exertion involved in bicycle touring and related travel activities (such as hiking, sightseeing etc.) and also from other associated hazards including, but not limited to: (1) poorly maintained public or private highways, trails and paths; (2) severe weather conditions; (3) careless and/or negligent operation of motor vehicles, boats, or ferries on private and public roadways, trails, paths and waterways; (4) careless and/or negligent operation of bicycles by others and by myself; (5) careless and/or negligent maintenance or mechanical failure of my bicycle; (6) the uncontrolled conduct of domestic and wild animals, including but not limited to dogs, deer, sheep and cattle; and/or (7) exposure to infectious diseases.

I am aware that bicycle touring and related activities entail risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary; no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.

I acknowledge that engaging in this activity may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I acknowledge that the staff of Discovery Bicycle Tours has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

C) Release of Liability: As a condition of being permitted to participate with Discovery Bicycle Tours, I hereby agree to indemnify and hold harmless Discovery Bicycle Tours, its employees and agents, from any and all liability to me or my heirs, assigns or next of kin, or my personal representatives for any personal injury or property damage which I may suffer during the course of or as a result of my participation in a Discovery Bicycle Tour (and any related activity). Also, I hereby agree on behalf of myself, my heirs, assigns, next of kin and personal representatives, that we will indemnify and hold harmless Discovery Bicycle Tours and its agents and employees for any liability they may have to me or toothers on account of any damage or injury suffered by me during the course of my participation with Discovery Bicycle Tours.

Nothing in this Participation Agreement shall be interpreted as the participant and parent releasing Discovery Bicycle Tours from liability for injuries, damage, death, or other loss to participant or others that may occur within the jurisdiction of the National Park Service and is caused by Discovery Bicycle Tours negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to Discovery Bicycle Tours judgments and decisions, or Discovery Bicycle Tours failure to take reasonable precautions to ensure it provides participant with safe and defect-free equipment.