RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

PLEASE READ CAREFULLY!

In consideration of the agreement of New World Sports LLC (“NWS”)/The Gearage to rent to me, for my use, pleasure and enjoyment in cycling, certain rental equipment identified below, I, _____________________________, and on behalf of my heirs, assigns, personal representative, and estate and my family (hereinafter collectively referred to as “Releasor and Indemnitor”), enter into this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement in favor of NWS, the manufacturers and distributors of the equipment rented from NWS, and their principals, employees, agents, representatives, beneficiaries, successors, and assigns (all of whom are hereinafter collectively referred to as “Releasees and Indemnitees”) of my own free will after having read and understood this agreement in its entirety.

 

I, as Releasor and Indemnitor, understand and accept the fact that cycling involves risks, dangers and hazards that can and may lead to serious personal injury, including death, property damage, and other losses, including, but not limited to the following risks:  mechanical failure of the equipment; changing weather conditions; variation or steepness in terrain; difficulty in controlling or inability to control one’s speed and direction on a bicycle; loss of balance and falling; rapid or uncontrolled acceleration on hills or inclines; collision with natural objects, features of the terrain and/or man-made objects; collision with pedestrians, motor vehicles, or other cyclists; changes or variations in the surface on which one is cycling; one’s own failure to bicycle safely or within one’s ability; and/or negligence of other operators of vehicles or bicycles.  I hereby freely and expressly assume all such risks, dangers and hazards, and the consequences thereof, including serious personal injury, including death, property damage, and other losses, while transporting, loading, unloading, riding, and/or using the rental equipment identified below.

 

In further consideration of the agreement of NWS to rent to me the equipment identified below, I, as Releasor and Indemnitor, hereby freely and expressly agree to release, acquit and forever discharge the Releasees and Indemnitees of and from any and all liability to me, my dependents, heirs, successors and assigns and/or of and from any and all demands, claims, actions, causes of action, and/or damages for personal injury, including death, property damage, and other losses, that I may have or that may arise in any manner whatsoever as a result of my renting, transporting, loading, unloading, riding or otherwise using the rental equipment identified below, expressly including any causes of such personal injury, including death, property damage, and other losses resulting from the negligence or other fault of the Releasees and Indemnitees.

 

I, as Releasor and Indemnitor, understand and expressly agree that by entering into this agreement, I am waiving any and all legal rights to seek any recovery of damages for personal injury, including death, property damage, and other losses, that I may have or that may arise in any manner whatsoever as a result of my renting, transporting, loading, unloading, riding or otherwise using the rental equipment identified below, expressly including any causes of such personal injury, including death, property damage, and other losses resulting from the negligence or other fault of the Releasees and Indemnitees.

 

I, as Releasor and Indemnitor, understand, declare and represent that this agreement constitutes a complete and total release covering damages for:  personal injuries both physical, including death, and emotional; property damage; expenses for medical treatment and hospital care, including, without limitation, prescription and non-prescription medication; psychological and psychiatric care or counseling; and other health care, which I may sustain or incur as a result of my renting, transporting, loading, unloading, riding or otherwise using the rental equipment identified below.

 

I further understand and agree that this agreement does not authorize me to allow any persons who have not also entered into this agreement to use the rental equipment identified below, and I hereby expressly agree that if I allow any unauthorized persons to use the rental equipment, I will be fully responsible for any personal injury, including death, property damage, and other losses sustained by those unauthorized users, and I further expressly agree to defend, hold harmless and indemnify fully the Releasees and Indemnitees against and for any and all demands, claims, actions, causes of action, and/or damages brought by such unauthorized users of the rental equipment identified below.

 

I, as Releasor and Indemnitor, further expressly understand and agree that if any other persons are caused to sustain any personal injury, including death, property damage, and other losses arising out of my renting, transporting, loading, unloading, riding or otherwise using the rental equipment identified below, including such personal injury, including death, property damage, and other losses caused by the unauthorized use of the rental equipment by persons not entering into this agreement, I will defend, hold harmless and indemnify fully the Releasees and Indemnitees against and for any and all such claims, actions, causes of action, and/or demands 

 

brought by such other persons.

I accept full responsibility for the care of the rental equipment identified below, and I agree to return this equipment by the date agreed below in good and clean condition.  I further agree to reimburse and compensate NWS at full retail value for any damage to or loss of the equipment, other than reasonable and normal wear and use, sustained while the rental equipment is in my possession or the possession of any other authorized or unauthorized user during the rental period.

 

I, as Releasor and Indemnitor, further understand, declare, represent and agree that it is the intention of the parties to this agreement that the Releasees and Indemnitees shall not incur or suffer any liability, loss or damage whatsoever, whether for personal injuries, property damage or otherwise sustained by any persons whomsoever, as a result of my renting, transporting, loading, unloading, riding or otherwise using the rental equipment identified below.

 

I have also read, understood and agree to the following provisions:

 

  • A full understanding of the proper operation of a bicycle is critical to the safety of a cyclist, and I agree to ask NWS/The Gearage for a complete explanation of any aspects of the operation of the rental equipment identified below that I do not fully understand prior to my taking and using the equipment.

 

  • The wearing and use of an ANSI-approved or Snell-approved bicycle helmet is also critical to the safety of a cyclist, and I agree to wear such a helmet at all times while riding the rental equipment identified below.

 

  • In general, Colorado law requires cyclists using public roads:  (1) to obey all laws governing the use of motor vehicles on public roadways, including observing all traffic control devices such as signal lights, stop signs and yield signs, etc.; (2) to ride the bicycle as far as is reasonably possible to the right side of the roadway (in the same direction as motor vehicle traffic); and (3) to ride either single file or no more than two abreast (provided it will not impede movement of traffic), with both cyclists staying as far as reasonably possible to the right side of the roadway.  I agree to observe and follow all laws while riding and using the rental equipment identified below.