Terms & Conditions
WAIVER OF LIABILITY FOR BICYCLE TOUR BY M.B BIKIN’CYPRUS ADVENTURES LTD (TOUR PRODUCER)
BICYCLE TOUR REGISTRATION, RELEASE AND WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
In consideration of being permitted by MH Bikin’Cyprus Adventures (“Bicycle Tour Producer”) to participate in Bikin’Cyprus Adventure Guided Tour (“Bicycle Tour”), including related programs or events.I understand and acknowledge that by checking the box on the site or signing below, that I am legally agreeing to the statements in the following BICYCLE TOUR Registration, Release and Waiver of Liability, and Assumption of Risk and Indemnity Agreement (“Agreement”) and that these statements are being accepted and relied upon by the Released Parties, as defined below. I hereby freely and voluntarily acknowledge and/or take action for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf, as follows:
- I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS BICYCLE TOUR.
I acknowledge cycling, and/or other portions of this Bicycle Tour are inherently dangerous and are an extreme test of my physical and mental limits that carries with them the potential for serious bodily injury, permanent disability, paralysis and death, and property damage or loss. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Bicycle Tour, and I attest and certify that I am or will be sufficiently fit and physically trained to participate in the Bicycle Tour, which I elect to enter. I certify that I have not been advised against participation in the Bicycle Tour by any healthcare provider. I have no physical or medical condition that would endanger myself or others if I participate in the Bicycle Tour, or would interfere with my ability to safely participate in the Bicycle Tour. I accept responsibility for the condition and adequacy of my competition equipment and my conduct in connection with the Bicycle Tour. I understand and acknowledge that there may be vehicle or pedestrian traffic on the course route, and I assume the risk of cycling and/or other portions of this Bicycle Tour and participating under these circumstances. I also assume any and all other risks associated with participating in this Bicycle Tour, including but not limited to the following: falls, dangers of collisions with vehicles, pedestrians, other participants, and fixed objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment; and hazard that may be posed by spectators or volunteers; and weather conditions. I further acknowledge that these risks include risks that may be the result of negligent acts, omissions, and/or carelessness of the Released Parties, as defined herein. I understand that I will be participating in the Bicycle Tour at my own risk, that I am responsible for the risk of participation in the Bicycle Tour.
- I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after the Bicycle Tour and I recognize that consumption of alcohol and/or drugs might impair my judgment and motor skills. I assume responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs.
- I WAIVE, RELEASE, AND FOREVER DISCHARGE the Bicycle Tour Producer, the tourstaff, advertisers, property owners, volunteers, administrators, contractors, vendors, all other persons or entities involved with the Bicycle Tour, and all city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Bicycle Tour or segments of the Bicycle Tour take place, and each of their respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”), from any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or any nature, which I have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, result from, or relate to my participation in the Bicycle Tour or my traveling to or from the Bicycle Tour, including my death, personal injury, partial or permanent disability, negligence, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Bicycle Tour site or elsewhere), and any Claims for medical or hospital expenses, even if such Claims are caused by the negligent acts, omissions, or the carelessness of the Released Parties.
- I FURTHER COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein. I AGREE TO INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made by me or other individuals or entities, for liabilities assessed against the Released Parties, including but not limited to court costs, attorneys’ fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Agreement, my breach or failure to abide by any of the Bicycle Tour Producer Rules and information, and/or my actions or inactions which cause injury or damage to any other person.
- I agree to read and abide by the Tour rules adopted by the Tour Producer and information in the information guide, as they may be amended from time to time, and all traffic laws. I agree that prior to participating in the Bicycle Tour I will inspect the facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe, I will immediately advise the Tour Producer.
- I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident or illness during the Bicycle Tour. I hereby grant any medical director(s) of the Bicycle Tour and his or her agents, affiliates and designees, access to all medical records (and physicians) as needed and authorize medical treatment as needed. I agree to be responsible and assume liability for any and all costs incurred as a result of training for and/or participation in the Bicycle Tour, including but not limited to ambulance transport services, hospital stays, medical care and treatment, and physician and pharmaceutical goods and services, except for care and treatment covered by my insurance. I agree to indemnify and hold harmless the Released Parties from all liability for such costs.
- I hereby grant to Bicycle Tour Producer the right, permission, and authority to use my name, image, voice, and/or likeness, without compensation, captured during the Bicycle Tour by Bicycle Tour Producer, its affiliated entities or contractors, and/or the media in any photographs, videotapes, CDs, DVDs, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record of this Bicycle Tour for any purpose whatsoever.
- I acknowledge and agree that Bicycle Tour Producer, in its sole discretion, may delay or cancel the Bicycle Tour if it believes the conditions on the starting day are unsafe. In the event the Bicycle Tour is delayed or cancelled for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Bicycle Tour Producer, there shall be no refund of Bicycle Tour Producer’s entry fee or any other costs incurred in connection with the Bicycle Tour.
- I understand that Bicycle Tour Producer reserves the right, in its sole and complete discretion, to deny entry, revoke the entry application of any applicant at any time, and/or to disqualify any individual from the Bicycle Tour. Applicant expressly waives any claim for damages arising from the denial or revocation of an entry application exceeding the amount of the entry fee.
- By submitting my application for entry into a Bicycle Tour Producer organised or licensed event, I expressly consent to the personal jurisdiction of the courts located in the Republic of Cyprus in any dispute arising related to my application or my participation in the Producer’s Bicycle Tour. If any provision of this Agreement shall be deemed unlawful, void, or for any reason, unenforceable, then that provision shall not affect the validity and enforceability of any remaining provisions.
- A legal guardian who signs this Agreement on behalf of a incapacitated and/or mentally challenged person (hereinafter “Said Person”), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person and to legally bind Said Person to the Agreement. The legal guardian who signs this Agreement agrees to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of this Agreement.
- I disclaim against the Bicycle Tour Producer, its employees and its servants from any compensation for damages to him or a third person that was caused due to the athlete being accompanied in any way up the finish line chute by a person not registered for the race. This does not come to action if the damage was caused by gross negligence or malicious intent by the Tour producer, its employees and its volunteers. In case the damage is suffered by a minor, for whom the athlete has a caretaking obligation, the waiving also applies for those persons. In case of third parties claiming against the Tour Producer, its employees and its volunteers due to the described events of a claim, the athlete commits himself to indemnify and hold harmless the Tour Producer, its employees and its volunteers.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE (OR WILL BE ON THE DATE OF THE BICYCLE TOUR) OR OLDER, I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.