Please read carefully. This is a legally enforceable waiver of rights.
HEALTH & PHYSICAL CONDITION
Tour Participants in all Routes Rentals & Tours, Inc. (hereafter referred to as “RRT”) programs should be in good physical condition and prepared to enjoy cycling, often alongside motor vehicles. We ask you to appraise your own capabilities honestly. In addition, those individuals requiring special attention, treatment or whose condition limits their activities must disclose this information to RRT before the tour begins. RRT reserves the right to decline to accept or retain any person as a tour participant (hereafter referred to as “Participant”) should such a person’s health, mental condition, physical infirmity or attitude jeopardize the operation of the tour and the rights, welfare, or enjoyment of other Participants or themself.
RRT and/or its agents act only as agents for the Participant with respect to all venues and hotels, and exercise every care possible. However, we can assume no liability for injury, damage, loss, accident, delay or irregularity in connection with the services or for the acts or defaults of any company or personnel engaged in conveying to the Participant or in carrying out the arrangements of the tour. We cannot accept any responsibility for losses or additional expenses due to delay or other services, sickness, weather, strike, war, quarantine, acts of God or other causes beyond our control. All such losses or expenses will have to be borne by the Participant. We reserve the right to cancel any tour prior to departure in which case the entire payment will be refunded without further obligation on our part.
ASSUMPTION OF RISK
As a condition of acceptance of any reservation, each Participant must agree to the following statement. A submitted application is evidence of your agreement. By digitally signing (“signing”) the reservation form, by way of check-marking the agreement acceptance statement, you read carefully the schedule of activities on the tour, and recognize and accept any risks thereof and the conditions set forth therein, including the refund policy. The Participant(s) hereby release and discharge Routes Rentals & Tours, Inc., and any associated organization (including but not limited to independent contractors, restaurants, hotels, sponsors, volunteers, school districts, municipalities, churches, clubs, and any employee or associates thereof) their heirs, administrators, agents and employees, from any and all liability, causes of action, suits, debts, contracts, agreements, claims and demands whatsoever as a result of Tour Activities, including the rental and use of the equipment listed on this form (“the Equipment”). The Participant(s) freely accept full responsibility for themselves and any rented Equipment. The Participant(s) understand that their participation in Tour Activities and the rental/use of the Equipment, including safety equipment, cannot guarantee their safety or freedom from injury while cycling. The Participant(s) are aware that it is not possible to predict every condition or circumstance under which their equipment and safety equipment will not operate as intended. The Participant(s) freely accept and fully assume all such risks, dangers, and hazards, and the responsibility for personal injury, death, property damage, and loss resulting therefrom.
The Participant(s) are aware that quick release mechanisms, brakes, and other parts of the Equipment will not function as optimally intended at all times and under all circumstances, and may be adversely affected by inclement weather conditions, moisture, terrain, and the like. The Participant(s) are aware that cycling, including off-road and mountain terrain cycling, involves risks, dangers and hazards including, but not limited to: mechanical and structural failure of the Equipment; changing weather conditions; variation or steepness in terrain; difficulty or inability to control one’s speed and direction; loss of balance; rapid or uncontrolled acceleration on hills and inclines; collision with exposed rock, snow, ice, earth, trees, or other natural or man-made objects; collision with pedestrians, vehicles or other cyclists; changes or variations in the cycling surface; failure to cycle safely or within one’s own ability; negligence of other cyclists; and negligence on the part of Routes Rentals & Tours, Inc., its members, directors, officers, and any employee, independent contractor, or associate thereof. If the Participant is renting from RRT, the Participant agrees to pay for any damage to the Equipment and replacement of the Equipment at the full retail value if damaged to such an extent that repairs are not feasible or practicable, or if lost or stolen for any reason / due to any circumstance.
RENTAL SECURITY DEPOSIT
All Participants renting equipment from RRT must provide a credit card at the start of the rental. There will be no charge on the card. The information will only be used in the case of damage or loss of property. The Participant(s) understand that a security deposit of $300 will be taken for the first three adult bicycle rentals and $100 for each additional rental / $100 for each child bicycle, and The Participant(s) agree to allow this amount to be authorized on the credit card(s) provided by the Participant(s) to Routes Rentals & Tours, Inc. RRT shall reserve the right to modify the required deposit amount at the sole discretion of its officers, agents, employees.
INDEMNIFICATION & HOLD HARMLESS
Participant(s) hereby further agree to indemnify and hold harmless Routes Rentals & Tours, Inc., its officers, agents, employees, and independent contractors from any and all claims made by or on behalf of any third person or entity as a result of Participant(s) partaking in Tour Activates and use of the equipment rented from Routes Rentals & Tours, Inc. Participant(s) further agree to reimburse Routes Rentals & Tours, Inc., its officers, agents, employees, and independent contractors for any expenses including but not limited to attorneys fees and costs incurred by them as a result of such claims made on behalf of any third person or entity arising from Participant(s) involvement in Tour Activities and use of Routes Rentals & Tours, Inc. or The Equipment.
GROUP RESERVATION INFORMATION
In the event you are signing this waiver for a group of Participants, upon arrival at RRT starting location, all Participants must read and sign a Statement of Responsibility. For any Participants within the group reservation who has NOT signed a Statement of Responsibility before the tour begins, this document serves as
The Participant(s) are aware that cycling is subject to all applicable Municipal, State, and Federal highway traffic regulations, and attest that they will abide by all such regulations and use good judgment and caution at all times while using The Equipment or their personal bicycles. The Participant(s) have made no representations regarding their cycling ability
Rental Participant(s) agree to wear the provided ANSI, CPSC, or SNELL-approved helmet while cycling. Rental Participant(s) are familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters. The Participant(s) are aware that there are Routes Staff Members available to answer any questions that they may have as to the proper use of the Equipment.
CANCELLATION & REFUND POLICY
Refunds are only available in un-ridable weather conditions as determined by Routes Rentals & Tours, Inc. Due to the high demand for these tickets, there will not be any refunds for anyone who misses the Bike Tour for any other reason. Please check the date/time listed on your confirmation e-mail carefully; it is your responsibility to keep this appointment. Full price will be charged for no-shows and those who arrive late, after the tour has embarked.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
Routes Bicycle Tours & Rentals, Inc. (“Routes”) has put in place preventative measures to reduce the spread of COVID-19 in accordance with federal and state guidelines; however, Routes cannot guarantee that you or your party will not become infected with COVID-19. Further, engaging in activity with Routes including but not limited to attending a Routes tour or event, renting equipment with Routes, or visiting a Routes brick and mortar location (collectively, “Activities”) could increase your risk and your Travel Party’s risk of contracting COVID-19.
By digitally signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that myself, any minor children and additional members of my Activities with Routes for whom I have the capacity to contract (“Party”) may be exposed to or infected by COVID-19 by engaging in any Routes Activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Routes may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Routes employees, partners, my Party, and other customers/guests and their families.