IN CONSIDERATION for allowing my participation in a Czech
Active Tours tour, I hereby waive, release and discharge
forever, Czech Active Tours, LLC, its officers, directors, agents,
employees, trip leaders and volunteers (collectively “Czech Active
Tours”) from and against any and all liability including, but not
limited to: any injury, death, illness, and property damage or loss
occurring while participating in a Czech Active Tours tour or in
travel to and from the tour.
I also agree not to sue or file claims of whatever nature
against Czech Active Tours for any or all damages,
personal property losses, and injuries or claims which I may
sustain as the result of the negligence or other acts, however
caused, by myself or Czech Active Tours during my participation in
Czech Active Tours tours and/or activities.
I understand and agree that this Waiver and Release shall
be binding upon me personally, all members of my family, my and
their heirs, successors, assigns, and legal and personal
representatives.
ASSUMPTION OF RISK AND PARTICIPANT/ CYCLIST
RESPONSIBILITIES
- I realize that bicycling is a potentially hazardous activity
and that the tour routes require bicycling on public roadways-
paved and unpaved of varying condition, and trails-public and
secluded- of varying conditions, and in bad weather, and that
cyclists have been hospitalized or died because of mishaps-traffic
or other- that are either their responsibility or others'
responsibility.
- I am voluntarily participating in this tour with the knowledge
of the numerous risks and dangers involved including but not
limited to: negligence in any manner on the part of Czech Active
Tours, including, without limitation, negligence in the conduct or
arrangement of the trip in any respect from inception to
completion; collision with pedestrians, vehicles, other cyclists,
and /or fixed or moving objects; the negligence of other
cyclists and/or Czech Active Tours ride leaders,
volunteers or drivers; dangers arising from falls; poor road and
trail surfaces; dangers from road irregularities including but not
limited to potholes, road grooves, railroad crossings, and slippery
metal and wooden bridges; hazardous traffic patterns; exposure to
risks while engaged in other voluntary activities related to the
tour including but not limited to swimming, kayaking, and walking
to various destinations; breakdown or failure of bicycles-owned or
rented- or other equipment; negligence in the maintenance and
operation of any van or other motor vehicle used to transport
passengers; transportation failures whether by train, auto, van or
bus, boat, by foot or any other conveyance; hazards of consumption
of alcoholic beverages; risks associated with consuming food or
water; criminal activity; dangers associated with animals; risk of
accident or illness without access to rapid emergency medical
services and supplies; the adequacy of medical attention once
provided; and risk of stolen, lost or misplaced luggage or
property- including bicycle. I hereby agree to be responsible for
my own welfare and accept any and all risks of delay, unanticipated
events, inconvenience, illness, injury, emotional trauma or
death.
- While Czech Active Tours may provide me with
geographical directions during bicycle rides, they do not make, and
expressly disclaim any representations or warranties with respect
to the condition or safety of the roads/trails on which I bicycle
or walk, and I am responsible for observing such road or trail
conditions and determining whether I am able to ride my bicycle
and/or walk in light of such conditions.
- I agree that I will use good judgment, be self-reliant and
discontinue further participation in the bike tour if at any time I
believe conditions to be unsafe. In extreme situations, I
understand and agree not to wait for assistance exclusive to the
support provided by Czech Active Tours. In the event of
any injury or accident, I agree to notify the event leader, and
consent to and permit emergency medical treatment.
- I realize that touring requires physical conditioning, and
attest that I am physically fit and have sufficiently trained for
the completion of the Czech Active Tours tour entered, or will be
subject to early termination at Czech Active Tours’ discretion if I
am unable to cycle at the standard of the tour.
- I agree to wear an ANSI or Snell approved helmet at all times
when riding a bicycle during the tour.
- I agree to provide for my own insurance coverage (travel,
emergency medical, health, accident, theft, etc.) while
participating in a Czech Active Tours Tour, and for ensuring that
such insurance covers my activities for the duration of the
registered tour, and that it is valid in the countries where the
tour is conducted.
- I understand Czech Active Tours reserves the right to remove
any person it judges as unwilling to ride in a safe manner or who
it determines to detract from the enjoyment of the trip by
others.
- Czech Active Tours reserves the right to make route,
lodging and trip modifications or cancel events. I further
understand that I will not be reimbursed for airline fees or other
expenses incurred due to trip modifications, changes in itinerary
or event cancellation.
- I give permission to Czech Active Tours to use my name,
photographs, evaluations or any other record of my participation in
Czech Active Tours tours for any promotional purposes, without fee,
obligation or liability to me.
- I agree not to use any of Czech Active Tours’
cycling routes, cue sheets or other trip materials for purposes of
organizing any tour or event.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE CONTENTS AND
LEGAL RAMIFICATIONS OF THIS WAIVER AND RELEASE AGREEMENT,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT
AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF
ANY NATURE. I AGREE THAT THIS IS A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND
AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID,
THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND
EFFECT. THIS AGREEMENT MAY NOT BE MODIFIED ORALLY AND MAY NOT BE
WAIVED IN ANY RESPECT.