Bike Demo Waiver
I, the undersigned, accept for use “AS-IS” the equipment listed on this form and accept full responsibility (financial and otherwise) for its care while it is in my possession. I understand that the rented bike is not to be ridden after dusk and agree to reimburse Tygart Mountain Sports LLC for any loss, damage, or theft, other than reasonable wear and tear resulting from normal use, “normal use” to be determined solely by Tygart Mountain Sports and its staff and management.
I verify that I am FAMILIAR WITH THE PROPER USE of the bicycle listed on this form including the use of the brakes, gear shifting, and quick releases (wheels and seat post). I have inspected same, and it is in good condition and working order.
I understand that biking can be and is a HAZARDOUS ACTIVITY. Further, I recognize that there are risks, inherent and other, including but not limited to steep and narrow trails and roads, man made and natural variations in terrain, bumps, stumps, ruts, forest growth, debris, rock, traffic, pedestrians, and other obstacles including vehicles, other riders and varying weather conditions. I further realize that falls and collisions which may cause injuries or death can occur.
I agree to ASSUME ALL RISK AND RESPONSIBILITY for myself and for my dependent minors listed on this agreement for such incidents and injuries. I further AGREE TO RELEASE, INDEMNIFY, AND HOLD TYGART MOUNTAIN SPORTS LLC and their owners, agents, and employees (hereafter “Tygart Mountain Sports”) BLAMELESS FROM ANY AND ALL LIABILTY resulting from and in the use of this equipment by the user or for any injury or damage to persons or property, including Okemo Mountain Resort, chairlifts/gondola, and shuttle transportation to the fullest extent allowed by law, including negligence. I agree that Tygart Mountain Sports has no duty or responsibility to supervise my conduct, nor estimate my ability to ride specific or varied terrain, or to maintain any surface on which I may ride the bicycle or use the equipment.
I understand that HELMETS ARE REQUIRED and my dependent minors and I agree to wear my (our) helmet(s) at all times. I understand that while the helmet is necessary equipment to help protect against injury, it does not guarantee the elimination of risk of injury or death to the user.
I further agree to RIDE WITHIN MY ABILITY LEVEL and AGREE TO RIDE RESPONSIBLY, OBEYING ALL TRAFFIC CONTROL DEVICES AND LAWS. I further AGREE TO ONLY RIDE ON THOSE TRAILS, ROADWAYS, AND TERRAIN THAT ARE WITHIN MY ABILITY LEVEL. I agree to REMAIN ON MARKED TRAILS AND ROADS at all times. I also understand that if I become lost, I may be held responsible for the cost of search and rescue.
I understand and agree that this agreement/contract will be interpreted under Vermont law. I understand that this agreement is severable. If any clause is found to be invalid the balance of the contract will remain in effect and will be valid and enforceable.
I UNDERSTAND THAT THIS IS A CONTRACT THAT LIMITS MY LEGAL RIGHTS AND THAT IT IS BINDING UPON ME, MY HEIRS, AND MY REPRESENTATIVES.
I HAVE READ THE AGREEMENT ON THIS CONTRACT/RENTAL FORM, RELEASING TYGART MOUNTAIN SPORTS FROM ANY AND ALL LIABILITY. I VOLUNTARILY AGREE TO THE TERMS OF THIS AGREEMENT
