RIDE APPLICATION WAIVER OF LIABILITY, ASSUMPTION OF RISK and INDEMNITY AGREEMENT
In consideration of being permitted to participate in the Oberammergau Bus Tour, the undersigned, for myself, my personal representatives, heirs, spouse, parents, siblings, and children hereby acknowledges, understands and agrees to the following:
1. I acknowledge and agree that riding bicycles on roads and highways and my participation in this tour bears certain inherent known and unknown risks which could result in injury, death, illness, disease, or damage to me, to my property, or to other parties. Inherent risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, my physical condition, equipment, vehicular traffic, lack of hydration, and actions of other people including participants, volunteers, spectators, and/or the Released Parties (as defined below). I acknowledge that the Released Parties have made no representations or guarantees as to the safety of the tour to me, and that I knowingly and freely assume all such risks, whether known or unknown.
2. I, for myself and on behalf of my heirs, next of kin, successors, executors, administrators, assigns, and legal representatives, other participants or volunteers in the tour, and all officers, agents, volunteers, contractors, and employees of each of the foregoing persons or entities, all of whom shall collectively be referred to as the "Released Parties," or individually as a "Released Party," from any and all liability, claims, demands, or actions for any injury or death to me, for injury to my property, or for which I may be liable to others, which are in any way connected with my participation in the Tour. I AGREE AND UNDERSTAND THAT THIS RIDE APPLICATION, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT SHALL BE CONSTRUED BROADLY TO EXTEND TO ALL CLAIMED WRONGFUL ACTS AND/OR OMISSIONS OF THE RELEASED PARTIES TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. IN ADDITION TO THE FOREGOING, AND IN CONSIDERATION OF ACCEPTANCE OF MY APPLICATION FOR PARTICIPATION IN THE TOUR NAMED BELOW, I FURTHER ACKNOWLEDGE AND AGREE AS FOLLOWS:
3. I am an experienced touring cyclist. I have reviewed the description of the tour and tour policies and I am familiar with the risks of bicycling. I hereby represent that I am physically capable of participating in this tour, that the bicycle and any other equipment I may use to participate in the tour is in good working condition, that I will observe all applicable traffic laws and tour rules, that I shall wear a helmet that meets or exceeds US ANSI or SNELL bicycle helmet safety standards, obey all pertinent traffic laws and the directions of all traffic control personnel, carry adequate drinking water, use appropriate hand signals when turning, be equipped with proper lighting if riding between sunset and sunrise, and generally conduct myself in a safe and prudent manner while participating in the tour.
4. Pastor Jake Lehman ("Tour Leader") has complete authority for the ride including the right to refuse any application. The Tour Leader has discretion to select a recommended route. Road conditions and signage may have changed since the ride was planned and adherence to the recommended route does not guarantee safe riding or security from theft or assault. I am free to choose another route if I wish. I will be riding independently, without supervision or observation and no one is responsible for warning me of common or special hazards. I am responsible for observing and adapting to all traffic conditions, signage and surface conditions.
5. Reformation Tours, Trinity Lutheran Church, Kalamazoo, MI and other Released Parties are not responsible for rendering or summoning first aid or medical assistance if I should be injured or become ill. The support guide and vehicle has been provided for assistance, however, if I am injured or if I become ill and need assistance, I agree that any assistance that such person(s) may provide is as a volunteer with no first aid or medical training. If I am injured or become ill, I agree to rely upon local emergency resources, in the same manner as if I were traveling independently. I understand that I am responsible for all medical expenses and that I should have my own medical insurance, including coverage for medical evacuation. I hereby consent to receive emergency medical treatment that may be deemed advisable in the event of injury, accident and/or illness while participating in the Tour.
6. I will rent one a bicycle for the tour and will be responsible for maintaining it and repairing it as necessary. If the Tour Leader or any other Tour employee or associate assists me with inspecting or repairing my bicycle, they do so as volunteers with no special expertise at inspecting or repairing bicycles. If I borrow tools or am provided with bicycle tubes, tires or parts, I am solely responsible for their use and neither Reformation Tours nor Pastor Jake Lehman are responsible for the condition of, or for inspecting or warning of defects in tubes, tires or parts.
7. Cooperation is the basis of successful rides, and I will do everything within reason that the Tour Leader requests. If my conduct during the ride is unacceptable to the Tour Leader, the Tour Leader has the right to require me to leave the group with no refund of any monies paid.
8. APPLICABLE LAW and SEVERABILITY: ALL DISPUTES BETWEEN MYSELF AND RELEASED PARTIES, ARISING FROM MY PARTICIPATION IN THE TOUR AS WELL AS ANY DISPUTE CONCERNING THE VALIDITY OR INTERPRETATION OF THIS DOCUMENT, SHALL BE GOVERNED BY THE PROCEDURAL AND SUBSTANTIVE LAWS OF THE STATE OF MISSOURI AND THE EXCLUSIVE JURISDICTION SHALL RESIDE IN COURTS OF THE STATE OF MISSOURI. IT IS FURTHER AGREED THAT IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE VOID OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
To submit your Ride Application, Waiver of Liability, Assumption of Risk and Indemnity Agreement for the tour, please enter your name and e-mail below: