GROUP RIDE/EVENT WAIVER AND RELEASE AGREEMENT
THIS IS A RELEASE OF LIABILITY - PLEASE READY CAREFULLY BEFORE SUBMITTING
I, (either for myself and/or my minor child), desiring to ride (the "Activity") with Nebraska Territory, LLC/DBA Ponderosa Cyclery (the "Company"), acknowledge that I am voluntarily participating in the Activity entirely at my own risk being aware that this activity may include, but not be limited to the risk of falling; collision with other bicycles, motor vehicles, or stationary objects; and variable conditions of trails, roads, or pavement. I acknowledge that cycling is a hazardous activity involving inherent and other risks of personal injury or even death. I voluntarily and knowingly accept and assume liability for these risks. Company has provided understandable and satisfactory answers to all my questions regarding the ride/event. I understand the proper operational use of a bicycle and agree to wear a bicycle helmet at all times while riding the bicycle. I am responsible for the care and proper use of my bicycle. I am fully aware that these risks associated with the Activity may result in physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, economic or emotional loss, and death caused either by my own or others' negligence or the conditions where the activity is performed. Being fully aware of these risks, I assume all responsibility for my participation in this Activity and, for myself, my heirs, executors, administrators, assigns, and personal representatives, knowingly and voluntarily enter into this waiver and release of liability of Company. This waiver and release includes all rights, claims, or causes of action of any kind whatsoever arising out of my participation in the Activity, and I hereby release and discharge Company, its employees, managers, members, agents, volunteers, representatives, successors, and assigns for any injuries I may suffer as a direct result of my participation in the Activity.
I assume full responsibility for all risk or bodily injury, death, or property damage while participating in the Activity due to the inherent risks associated with it or due to the ordinary negligence of Company in any way relating to the selection, maintenance, adjustment, design, manufacture, and/or use of the bicycle and the Activity or resulting from other causes. I agree to defend, indemnify, and hold harmless from and against any and all liability, damage, loss, claims, suits, or causes of action whatsoever, including by not limited to attorney's fees and related expenses arising out of litigation, should litigation be commenced by me or anyone else on my behalf.
I acknowledge that I have carefully read this Group Ride/Event Waiver and Release Agreement and that I fully understand that it is a release of liability of Company, which makes no warranties, expressed or implied, with regard to the Activity. I understand and agree that the provisions of this Agreement are intended to be as broad and inclusive as is permitted by the laws of Nebraska and Iowa, and that if any provision or portion thereof is held invalid, the balance of this Agreement shall continue in full force and effect.