This is our Participant Agreement & “Acknowledgement of Risk & Photo Release” waiver form. It must be filled out by every participant of the tour.
Acknowledgement of Risk & Photo Release
I acknowledge that there is a significant element of known and unanticipated risk in any adventure, sport or activity associated with the outdoors which could result in physical or emotional injury, death, damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Knowing the inherent risks, dangers and rigors involved in these activities, I certify that I am fully capable of participating in the activities and I am voluntarily participating in the activity. I further acknowledge that the Activity will be conducted over public roads. I know that by participating in this voluntary Activity, I will be subject to adverse traffic conditions, road conditions and other hazards on public roads, potential adverse weather conditions, unsafe actions by other riders, unsafe actions by vehicle drivers and unsafe actions by non-participants, defects in equipment, my failure to use proper equipment, including helmets, my own negligence, or the negligence of others, including employees of CICLISMO CLASSICO, and I assume all such risks. There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks as well as the risks above and I fully accept and assume all responsibility for personal injuries, losses, damages, costs and expenses I may suffer or incur as a result of my participation in the Activity.
I certify that I have adequate insurance to cover any injury or damage I may cause to suffer while participating. I further certify that I have no medical or physical conditions that could interfere with my safety in this activity. I understand that CICLISMO CLASSICO has no responsibility to provide medical care to participants, and has made no offer or promise to do so. I authorize CICLISMO CLASSICO to obtain medical care on my behalf and/or to transport me to a medical facility, if necessary, and I hereby release CICLISMO CLASSICO from any and all liability arising from its obtaining medical care on my behalf or transporting me to a medical facility. I further agree to pay all costs associated with such care or transportation. Without limiting any of the foregoing, I expressly waive any claim that I or anyone on my behalf may bring against CICLISMO CLASSICO with regard to medical care and the provision or failure to provide such care.
I affirm that I am familiar with the use of a 24- or 30-speed bicycle. I understand that I follow the suggested itinerary at my own risk and agree not to hold CICLISMO CLASSICO responsible for injury or death resulting from accidents or improper use of the machinery. I hereby agree to wear a helmet and to refrain from wearing headphones or earphones or playing music when participating in the tour. I hereby agree that I am solely responsible for my compliance with all traffic laws regardless of the conduct of other riders or ride leaders.
CICLISMO CLASSICO is the principal tour operator for these tours and is responsible to all the participants for all arrangements and for all tour services and accommodations offered. I hereby release, discharge, and hold harmless CICLISMO CLASSICO, its agents, servants and employees (hereinafter CICLISMO CLASSICO) for personal injuries or property damage, loss, or delay, or change of itinerary incurred by any person or tour participant arising out of the act of negligence of any direct or supplemental carrier, hotel or other person rendering any of these services, or accommodations being offered in these tours; nor shall CICLISMO CLASSICO be responsible for injuries, death, damage, loss or delay in any means of transportation or by reasons of any event beyond the actual control of CICLISMO CLASSICO, or any agent or supplier or due to force majeure. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemics/pandemics or the threat thereof, adverse weather conditions, fire and all similar events outside our control. I agree to indemnify CICLISMO CLASSICO from any and all claims made against it based on my actions, omissions, and/or breach of its’ Terms and Conditions.
I understand that CICLISMO CLASSICO reserves the right to refuse as a trip participant or remove from a trip any person, including those it judges to be incapable of meeting the physical rigors and requirements of participating in the trip, those it determines might detract from the enjoyment of the trip by others, or those who have engaged in conduct during such trip that is disruptive, unlawful, or otherwise unsuitable. I agree to follow all written and verbal rules of safety presented to me by CICLISMO CLASSICO or the leader/guide.
CICLISMO CLASSICO reserves the right to substitute hotels, restaurants or other services listed in the itinerary with compatible services if necessary. The right is also reserved to decline or retain any person as a member of a trip due to circumstances beyond the control of CICLISMO CLASSICO.
CICLISMO CLASSICO reserves the right to use any photos taken on tour for marketing/promotional purposes.
I agree that any dispute concerning, relating, or referring to this contract, brochures, or any other literature concerning my trip, or the trip itself shall be resolved exclusively in a court of competent jurisdiction in Boston, Massachusetts. Such proceedings will be governed by Massachusetts law. The parties understand and agree that all claims must be brought within 60 days following the completion of the tour. All claims brought more than 60 days after the completion of the tour are forever waived and cannot be pursued in another forum.
Intending to be legally bound, I have carefully read this Release, I represent that I am at least eighteen years old, I fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducements or assurance of any nature and intend it to be a complete and unconditional release of all liability relating to the tour to the greatest extent allowed by law, and agree that if any portion of this Release is held to be invalid, the balance of it, notwithstanding, shall continue in full force and effect.
PARENT OR GUARDIAN OF A MINOR: I, as a parent or guardian of the below named minor, hereby give my permission for my child or ward to participate in the trip and further agree, individually and on behalf of my child or ward, to the terms above.
By entering your full name and date below, you acknowledge that you have had sufficient opportunity to read this entire document and agree to be bound by its terms.