DISCLAIMER, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNIFICATION AGREEMENT
(hereinafter referred to as “release agreement”)
By signing this document, you are waiving certain legal rights, including the right to sue for negligence, breach of contract or breach of tortfeasor liability, or to seek damages after an accident.
TO: DARING TRAILS
and its directors, employees, drivers, instructors, agents, representatives, volunteers, independent partners, sponsors, successors and assigns (collectively “Released” and individually “Released”)
In this Agreement the term “Activities” includes, but is not limited to, road cycling and mountain biking clinics and mountain biking electric assistance (“cycling”), sessions, guided tours
mountain or road bike tours, skills training courses, group rides, hiking, swimming, paddling, food and beverage consumption, transportation to, from and during activities and other such activities and services provided by or for DARING TRAILS in connection with with these activities.
IDENTIFICATION – HEALTH AND SAFETY
I declare that I am physically healthy and do not suffer from any condition, disability, illness or other disease that would affect my participation in the Activities, and I take full responsibility for my participation.
I acknowledge that I am required to wear an approved helmet while cycling, whether renting a bike or bringing my own bike, that I am responsible for ensuring that it is suitable for the Activities, well maintained and in a safe and working condition. I am responsible for inspecting my bike daily to ensure it is safe to ride.
I am aware that my use of the bicycle is subject to any applicable traffic and/or cycling regulations and I agree to be informed about them and to abide by those regulations.
I am familiar with the proper use of the bicycle, including all quick release mechanisms, brakes and gears.
I know there are technicians, drivers or instructors available to answer any questions I may have regarding the proper use of the bike.
I undertake and agree to remove myself from participation if I feel or observe any unusual danger or dangerous situation or if at any time I feel unable or unfit to continue safely for any reason.
I understand that sole responsibility for my personal safety remains with me, including my physical and emotional preparation and fitness and bicycle safety to participate in the Activities.
I know that the Activities involve many risks, and that injuries are common.
These risks and hazards include, but are not limited to, the following: mechanical damage to equipment, damage to personal property while participating in the Activities, transportation to, from and during the Activities, which may include the use of motor vehicles, ski lifts, helicopters, floatplanes, boats and other forms of transport – changing weather conditions – exposed rocks, soil and other natural objects, both marked and unmarked – trees, roots, logs, holes, gravel, mud, swales, branches and forest deadfalls on or adjacent to the ground, collisions or encounters with other cyclists, wildlife, pedestrians, constructed features including stunts, jumps, falls, gaps, obstacles, bridges, trail construction equipment, vehicles, equipment or structures, fences or posts – loss of balance or control – falls – changes or variations in surface a cycling or underground – blind spots or areas of reduced visibility – streams, brooks and holes in the cycling or walking surface, cliffs, road slopes or cut banks, variation or steepness of terrain, difficulty or inability to control speed or direction – slippery terrain – rapid or uncontrolled acceleration on hills and uphills – fatigue, exhaustion, hypothermia, high altitude and other health risks – lost or removed from guides or instructors or other participants, failure to cycle safely or within one’s ability or within the designated areas – infectious diseases transmitted by viruses, bacteria, parasites and fungi, which may be transmitted through direct or indirect contact – negligence of other cyclists or participants, dangers inherent in swimming, including of choking – allergy or adverse reactions to the food or drink provided – and IGNORANCE ON THE PART OF ANY RECIPIENTS.
☐ I understand that negligence includes the failure on the part of any of the releasees to take reasonable steps to ensure or protect me from the risks, hazards and risks listed above.
☐ I understand that the description of these hazards is not complete and that unknown or unforeseen hazards may result in property damage, illness, serious injury or death.
☐ I freely accept and fully assume all such risks and the possibility of injury, death or property damage or loss arising therefrom.
DISCLAIMER, WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
Consideration of DARING TRAILS and its Releasees allowing me to participate in the Activities and allowing me to use any bike park, lifts, routes, trails, skill parks, restaurants, day lodges, parking lots, access roads and other facilities used in connection with the Activities (the “Facilities”), I agree to the following:
1. I waive any claim I have or may have in the future against the Releasees and release the Releasees from all liability for any loss, damage, expense or injury, including death, that I or my next of kin may suffer me as a result of my participation in the cycling trip, due to any cause whatsoever, including injury, breach of contract or breach of any statutory or other duty of care, including any duty of care owed under the Tort Liability Act, on the part of the released and further including any failure on the part of the releasees to insure or protect me against the hazards, risks and dangers of cycling referred to above.
2. I exclude the Released from any responsibility for any loss, damage to property or physical injury to any third party, resulting from my participation in the Activities or the use of the facilities and I assume full and exclusive personal responsibility (civil and criminal) for compensation of of third parties.
3. In the event of an accident or injury, I authorize DARING TRAILS and their authorized third parties to obtain such medical assistance as they deem necessary. I am also responsible for paying all medical and emergency expenses, including transportation, in the event of an accident or injury during the Activities, regardless of whether I have subsequently authorized such expenses.
4. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
5. This Agreement and any rights, duties and obligations between the parties to this Release Agreement are governed and interpreted exclusively in accordance with Greek Legislation and Greek Law which applies to the exclusion of any other jurisdiction of another state (in the event that the signatory of this agreement is a foreigner.) Any legal dispute involving the parties to this agreement shall be conducted exclusively by the Greek Courts and subject to the exclusive jurisdiction of the courts of Greece.
6. I grant permission to DARING TRAILS and its authorized third parties to use any photographs, videos, recordings or other records of the activities I participate in for any lawful purpose
7. This agreement is binding on the parties and all its terms are material and inviolable. This agreement prevails over legislative provisions that may stipulate otherwise and in any case the invalidity of a term does not affect the validity of the other terms.
In entering into this agreement, I do not rely on any oral or written statements or representations made by any of the releaseees regarding the safety of the activities, other than as set forth in this agreement.
I have read and understand this release agreement and understand that by signing this agreement I am waiving certain legal rights that I or my heirs, next of kin, executors, administrators and representatives may have against any of the Releases.
FATHER’S FIRST AND LAST NAME
MOTHER’S NAME AND SURNAME
DATE OF BIRTH
PLACE OF BIRTH
OR ANOTHER TRAVEL DOCUMENT
TIME AND PLACE OF PUBLICATION