I, the below-named participant, being above age eighteen, or the parent or legal guardian of the above-named person who is under age eighteen, in consideration of the services of Atlantic Beach Bike and Beach Rentals LLC the rate charged for those services, or the worth of them as freely given, and the right to engage in the Activities as a participant, hereby acknowledge, agree, promise and covenant with Atlantic Beach Bike and Beach Rentals LLC and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representative and net of kin:
1. ACKNOWLEDGMENT OF RISK: I acknowledge, agree and represent that the lesson and / or tour and related activities (“Activities”) I am about to engage in voluntarily, bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property or the property of Atlantic Beach Bike and Beach Rentals LLC. I further acknowledge that I understand the nature of cycling, surfing and related Activities and that I am qualified, in good health, and proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation.
2. ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand that (a) cycling, surfing and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including, but not limited to permanent disability, paralysis, and death to myself and to other third parties; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the negligence of the “Releasees” named below;(c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, tat on the minor named above arising from my participation in the Activities.
3. I HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk. For injury, death, illness, disease, or damage to other third parties and their property arising from my participation in the Activities and agree not to sue Atlantic Beach Bike and Beach Rentals LLC, its instructors, employees, agents, owners, and contractors (each considered one of the “Releases” from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releases” or otherwise, including negligent, rescue operations; and I further agree that if despite this Release and Waiver of Liability, assumption of risk, and indemnity agreement I, or any one on my behalf, make a claim against anyone of the Releases, I will indemnify, save and hold harmless each of the Releases from any litigation, attorney’s fees, loss, liability, or cost which incur as the result of such claim. I further understand and agree to fully reimburse Atlantic Beach Bike and Beach Rentals LLC for any damage caused to property of Atlantic Beach Bike and Beach Rentals LLC as a result of my participation in the Activities. My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.
