I want to participate as a rider and a LIVESTRONG Foundation fundraiser in this tour. Fundraising Minimum: $5000.00
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TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS These General Terms and Conditions (the "Agreement") are being entered into between me, the undersigned participant, the LIVESTRONG Foundation ("LIVESTRONG")and Velo View Bike tours, LLC ("Velo View"). I am signing this Agreement in connection with my participation in a bike tour conducted by LIVESTRONG and Velo View (the "bike tour"). This Agreement is hereby incorporated into, and forms a material part of, the registration form for the bike tour that I have completed on the LIVESTRONG website ("registration form"). In consideration of my participation in the bike tour, I, the undersigned participant, do hereby acknowledge and agree in full to the following terms and conditions.
REPRESENTATIONS AND RELEASE By signing this Agreement, I am representing to LIVESTRONG that I have read, understood and irrevocably agreed to all of the terms and conditions of my registration form, the bike tour and this Agreement. I further represent to LIVESTRONG and Velo View the following statements:
1. I am at least 18 years of age.
2. I understand that the bike tour will require physical conditioning. I represent that I am in sound medical condition capable of participating in the bike tour and that I do no not currently suffer from, nor do I expect to suffer from, any physical or mental condition that would impair my ability to fully and safely participate in the bike tour and all related services and activities. I have not been advised against participation in the bike tour by a qualified health professional. I agree that I will be solely responsible for my health and safety. I will ride safely within the limits of my own abilities, my equipment and the riding conditions.
3. I agree to abide by all verbal and written rules and regulations of LIVESTRONG and Velo View, including the requirement to wear a bike helmet and to obey all traffic laws, generally accepted rules of safety and behavior (both on and off the bicycle), and other applicable laws, rules and regulations. I will at all times respect the rights and privacy of other participants of the bike tour and will not engage in any illegal or inappropriate behavior with respect to the other participants.
4. I understand that this tour requires a $5,000 minimum fundraising requirement that must be reached before the start of the bike tour. I agree be charged for the balance of what is not received by the deadline and that all registration fees and donations are non-transferrable and non-refundable.
5. I acknowledge that I have been strongly encouraged by LIVESTRONG to obtain travel insurance.
6. I understand that the bike tour will involve travel and activities that are inherently dangerous and that travel of any sort may result in illness, injury or death which may be caused by, or result from, my own negligence, actions or failure to act, or by others, including other participants of the bike tour and/or the employees and agents of LIVESTRONG and Velo View. I understand the inherent and potential dangers associated with the bike tour, including but not limited to, risks associated with transportation and failure of performance by third parties, damage, malfunction or loss of equipment and valuables transported during the bike tour, risks of physical exertion for which I may or may not be prepared, consumption of alcohol, medications or drugs, natural events or other causes, delays, weather, road conditions, vehicular traffic, food or water, altitude, equipment failures, errant or wild animals, lost, stolen or vandalized property, illness or other medical conditions. I understand that medical services or facilities may not be readily available or accessible during the bike tour and acknowledge that I will be solely responsible for obtaining and paying for any medical treatment required at any time during the bike tour. I further understand and agree that enjoyment of the bike tour is derived, in part, from the potential risks associated with these types of activities and travel, and I voluntarily participate in each of them of my own free will and choice. In choosing to participate in the bike tour, I fully accept and assume all risks.
7. Acknowledging such risk exists, I HEREBY FOREVER IRREVOCABLY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD HARMLESS LIVESTRONG AND VELO VIEW, ITS OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, VENDORS, GUIDES, VOLUNTEERS and the respective successors and assigns of all of the foregoing (collectively, "Releasees") from any and all lawsuits, claims, damages, losses, liabilities, costs, personal injury or property damage or death (collectively, "Losses") that I may suffer or incur directly or indirectly arising out of or relating in any respect to my attending or participating in the bike tour or any activities, travel, products or services provided by any Releasees in connection therewith. This waiver and release shall include, without limitation, any Losses which may be (a) caused by any act, or failure to act, by Releasees even if any Losses result from the negligence of any or all of the Releasees, or (b) sustained by me before, during or after the bike tour.
8. I agree to indemnify, defend and hold harmless Releasees, and each one of them, for all Losses, including, without limitation, attorneys' fees and costs, arising from or relating in any respect to my participation in the bike tour or my breach of this Agreement. This provision will apply regardless of whether or not the Losses, attorneys' fees and/or costs arise out of the negligence of any of the Releasees.
9. I agree that this Agreement shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this bike tour and to release Releasees from any and all liabilities to the maximum extent permitted by law.
PROMOTIONAL RIGHTS As part of the this Agreement, and for no additional consideration or agreement, I hereby consent to LIVESTRONG use of my name, image and likeness, for promotional purposes, including, without limitation, photographs and video arising out of my participation in the Bike tour.
DISCLAIMER; LIMITATION OF LIABILITY I hereby acknowledge that LIVESTRONG makes no representations, warranties or guarantees of any kind regarding the bike tour, any personal results thereof, and any materials, products or services offered by LIVESTRONG or any third party in connection therewith. LIVESTRONG hereby disclaims all express and implied representations, warranties and guarantees, including, without limitation, all warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by applicable law. In no event will LIVESTRONG be liable to me for any special, incidental, punitive, indirect or consequential damages, whether based on breach of contract, tort (including negligence) or otherwise, whether or not LIVESTRONG has been advised of the possibility of such damage.
MISCELLANEOUS MATTERS I understand that LIVESTRONG reserves the right to refuse a bike tour participant, or remove from the bike tour, any person it judges in its sole and absolute discretion to be incapable of meeting the rigors and requirements of participating in the activities, or who it determines to detract from the enjoyment of the bike tour by others or for any other reason in its sole and absolute discretion. LIVESTRONG reserves the right to make route, hotel, trip and other modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of participants.
This Agreement shall be governed and interpreted in accordance with the laws of the State of Texas without reference to conflict of laws principles or any other laws, rules, regulations or statutes that may result in the application of the laws of any jurisdiction other than the State of Texas. Any disputes or enforcement under this Agreement may be brought in the state courts and the Federal courts located in Austin, Texas, and the parties hereby consent to the personal jurisdiction and venue of these courts.
This Agreement may not be amended except by a writing signed by both parties hereto. Neither this Agreement, nor any of the terms or conditions hereof, may be assigned or transferred by me without the prior written consent of LIVESTRONG. This Agreement shall survive notwithstanding completion of the bike tour or any termination or cancellation thereof, or removal of my participation therefrom, regardless of the reason.
Knowing and Voluntary Execution This Agreement is the complete and exclusive agreement between me and LIVESTRONG with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. I have carefully read and fully understand the contents and legal ramifications of this Agreement. I understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
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