WAIVER OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

I agree, for myself and/or my child to the following:

1. I agree, for myself and/or my child, to RELEASE AND NOT TO SUE, forever indemnify, defend, and hold harmless BLOCK ISLAND GUIDED BIKE TOUR, LLC and their owners, instructors, officers, directors, volunteers, employees, affiliates, agents and assigns, (collectively as “RELEASEES”) from liability for any and all loss or damage to myself or to my child or our property arising out of use of bikes or e-bikes, including claims resulting from the RELEASEES’ NEGLIGENCE or any other cause. I acknowledge that I am freely and expressly assuming and accepting any and all risks of property damage, personal injury and death in connection with my or my child’s use of the RELEASEES’ facilities and participation in biking. I further agree to indemnify, defend, and hold harmless the RELEASEES from any and all loss or damage that I or my child may cause to other persons or property while using the facilities and participating in the activity of biking. This includes, but is not limited to, any and all claims for personal injury, death and/or property damage that may in any way arise out of use of the paved roads and dirt roads.

2. WARNING AND ACCEPTANCE OF RISKS - Recreational biking, presents many unique challenges heightened by the rough ever-changing riding surface. It is an inherently dangerous activity with risks too numerous to list, which includes but is not limited to the steep, slippery, uneven condition of roads and dirt roads which contain rocks, trees, soft sand, mud, slippery grass, and other bumps, ruts, stumps, brush (all of which can be hidden or obscured by vegetation), collisions with other bikers, pedestrians and mountain vehicles or other manmade objects on the roads, including the failure of bike components. Falls are a common occurrence of the activity. Always proceed cautiously and walk your bike whenever conditions warrant. Mountain biking equipment must be in excellent working condition, but even a recently tuned bike can develop problems on the trail. WHEN IN DOUBT, WALK!

3. COVID-19 RISKS - I understand that naturally occurring disease processes (including, but not limited to, COVID-19), may exist on Block Island, and I voluntarily assume that risk. It is my responsibility to take appropriate actions to safeguard myself and my children and to stay home if we have any symptoms of illness.

4. I hereby certify that I and/or my child are physically fit and have no medical conditions that affect our ability to participate in mountain biking, including no symptoms of illness. I fully understand that RELEASEES are not responsible for my or my child’s medical bills and they must be submitted through my personal health insurance plan.

5. I recognize that I and or my child must abide by the rules of biking on public roads, I and or my child agree to continuously inspect the area while riding, obey the instructions provided, and obey all posted notices, signs and warnings. If I or my child feels unsafe for any reason, we will immediately advise the RELEASEES and leave the area.

6. This Agreement is intended to comply with the laws of the State of Rhode Island to the extent allowed by law. If any part of this Agreement is determined to be unenforceable, all other parts shall be given full force and effect.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY CHECKING THE BOX BELOW I WILL EXPRESSLY WAIVES ANY RIGHTS I HAVE TO BRING A CLAIM AGAINST OR SUE THE RELEASEES FOR INJURIES OR DAMAGES. I FURTHER UNDERSTAND THAT THIS IS A CONTRACT THAT LIMITS MY LEGAL RIGHTS AND THAT IT IS BINDING UPON ME, MY HEIRS, AND LEGAL REPRESENTATIVES.Participants Under 18 Years of Age: As parent/guardian signing this agreement for the above named minor, I acknowledge and agree that I have read the above Release of Liability and that by signing this Release on behalf of the minor, I and the minor agree to be bound by its terms. I hereby agree to release from liability, not sue, forever discharge, indemnify and hold harmless RELEASEES for any claim or suit arising out of said minor’s participation in mountain biking and use of the all roads, paved gravel and dirt on Block Island.

*Upon booking each participant and guardian will be required to check a box stating they agree to terms in liability waiver.

*Participants are responsible for damage or replacement costs for bikes, e-bikes and equipment included with tours in the event that they are the cause of damage or demolished equipment/bikes. E-bikes and bicycles are included in the cost of the guided tour. This equipment is not for rent under any circumstances.

*Cancelation policy: 24 hours required to cancel for a full refund.