Release of Liability & Waiver
Thank you,
your waiver is signed.
A copy of your signed waiver has been recorded. You're all set to participate. We'll see you out there.
This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnification Agreement ("Agreement") is entered into by the undersigned participant ("Participant") in favor of Kingdom Experiences LLC (d/b/a KC&E Adventures), Rifugio Management LLC, Rifugio Darling Hill LLC, and Rifugio Litchfield Hills LLC, together with each entity's owners, directors, officers, employees, agents, independent contractors, subcontractors, volunteers, guides, representatives, affiliates, sponsors, equipment manufacturers and distributors, successors, and assigns (collectively, the "Releasees").
1 Activities Covered
This Agreement applies to any and all activities, programs, services, events, instruction, coaching, rentals, demos, and/or use of facilities or equipment provided, arranged, organized, facilitated, or conducted by the Releasees, including but not limited to:
Cycling
Mountain biking, gravel cycling, road cycling, e-bike riding, guided rides, tours, group rides, skills sessions, instructional clinics, lessons, camps, and cycling events.
Non-Cycling Guided Activities
Running, trail running, hiking, fitness training, wellness sessions, strength or mobility sessions, and related guided activities.
Other Activities & Event Participation
This Agreement also applies to special events, camps, youth programs, clinics, hospitality programming, corporate or private events, event space use, facility use, equipment staging or storage areas, pre- and post-activity gatherings, social or educational components, volunteer participation, spectating, and any other activities or presence at a location or event associated with the Releasees, whether or not Participant is actively engaged in a physical activity at the time.
Activities may occur on public roads, trails, parks, private property, leased facilities, event venues, or remote terrain, and may involve Participant using personal equipment or equipment provided by the Releasees.
2 Assumption of Risk
Participant understands and agrees that the activities covered by this Agreement are inherently dangerous and involve known and unknown risks, including but not limited to: falls; loss of control; collisions with vehicles, cyclists, pedestrians, or wildlife; variable terrain and traction; road hazards; changing weather; mechanical or equipment failure (including e-bike components and batteries); fatigue; dehydration; heat illness; hypothermia; overexertion; serious injury; permanent disability; paralysis; illness; death; and property loss or damage.
Participant knowingly and voluntarily assumes all risks, whether foreseen or unforeseen, arising from participation in any activity covered by this Agreement, including risks caused by the negligence of the Releasees, to the fullest extent permitted by law.
3 Participant Responsibilities
Participant agrees to follow all written and verbal safety instructions, participate within personal limits, and stop if conditions become unsafe. Participant understands that helmets and other protective equipment may be required for cycling activities. Participant is responsible for ensuring equipment is properly fitted and in safe working condition (including brakes, tires, and controls).
The Releasees reserve the right to refuse participation, remove Participant from an activity, or modify routes or programs for safety, weather, ability level, behavior, equipment concerns, or operational needs.
4 Release of Liability / Waiver of Claims / Indemnification
In consideration of being permitted to participate in any activity covered by this Agreement, Participant expressly agrees as follows:
A. Release and Hold Harmless
Participant agrees to release and hold harmless the Releasees from any and all liability, claims, demands, causes of action, damages, costs, or expenses of any kind, including personal injury, illness, death, property loss, or property damage, arising out of or related in any way to Participant's participation or presence, including liability resulting from the negligence of the Releasees, or any other person or cause, to the fullest extent permitted by law.
B. Defense and Indemnification
Participant agrees to defend, indemnify, and hold harmless the Releasees from any and all claims, losses, damages, liabilities, costs, or expenses (including attorneys' fees) arising out of or related to Participant's participation, actions, conduct, or use of equipment, facilities, or event spaces, including claims brought by third parties.
This Agreement is binding upon Participant and Participant's heirs, next of kin, executors, administrators, assigns, and representatives.
5 Medical Authorization
Participant represents they are physically able to participate and are responsible for determining personal fitness and readiness. Participant authorizes the Releasees to obtain emergency medical care if reasonably necessary and agrees to be financially responsible for any medical services provided.
6 Photo / Video Release
Participant grants the Releasees the irrevocable right to photograph, record, and/or capture Participant's image, likeness, and voice during any activity, and to use such content in any media for commercial or non-commercial purposes (including marketing and promotion), without compensation.
7 Final Acknowledgement
Participant acknowledges this is a legal document, has read it, understands it, and signs it voluntarily. This Agreement shall be governed by and interpreted in accordance with the laws of the applicable state or province. If any provision of this Agreement is determined to be unenforceable, all remaining provisions shall remain in full force and effect.