Liability Waiver

**PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU WILL
WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE**

This Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (the "Waiver") is entered into by and between Croom Hill Bike Rental, LLC ("Company") and the undersigned individual ("Customer"). By voluntarily participating in any Company ride, or tour, whether guided or unguided (hereafter referenced as “Tour”) as a rider, you agree and acknowledge the following

1. Release of Liability. In consideration of being allowed to rent and use the e-bike(s), I hereby release, waive, discharge, and covenant not to sue the Company, its directors, officers, employees, agents, contractors, and representatives (collectively, the "Released Parties") from any and all claims, demands, actions, suits, or causes of action that I, or my heirs, executors, administrators, assigns, or personal representatives, may have or which may hereafter accrue against the Released Parties, arising out of or in any way related to my use of the e-bike(s), including but not limited to any claims for personal injury, death, property damage, or other losses, whether caused by the negligence of the Released Parties or otherwise.
2. Inherent Dangers. I am aware that the use of e-bike(s) involves certain inherent dangers, including but not limited to the hazards of roads and off-road terrain; weather; accidents; actions of participants, motorists, and other persons. I acknowledge that I am aware of the rules of the road applicable to e-bike(s). I further understand that it is not the function of the Bike Tour Captains to serve as guardians of my safety.
3. Physical Fitness. I certify that I am physically fit, have sufficiently trained for participation in a Tour and have not been advised otherwise by a qualified medical person. I also acknowledge that I should seek medical advice to ensure that I can participate in a Tour at no risk to myself or others.
4. Bicycle Helmets. I understand that bicycle helmets are required to participate in a Tour, and I agree to wear a helmet while riding and to follow the rules of the road and all applicable laws and safe bicycling practices
5. Photo and Video Rights. I hereby grant the Company the unconditional rights to use any image(s) or video(s) taken of me during a Tour for nonprofit, educational, or other commercial or noncommercial use without requiring the Company to notify me, seek my permission, or own any form of compensation. I understand these images will be used in an appropriate and respectful manner.
6. Assumption of Risk. I, the undersigned, hereby acknowledge and agree that my use of the e-bike(s) rented from the Company involves inherent risks, including but not limited to, the risk of injury, death, property damage, or other losses. I voluntarily assume all risks associated with the use of the e-bike(s), including but not limited to the risks mentioned above, whether caused by the negligence of the Released Parties or otherwise.
7. Indemnity. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, or causes of action, including but not limited to attorneys' fees and costs, arising out of or in any way related to my use of the e-bike(s), including but not limited to any claims for personal injury, death, property damage, or other losses, whether caused by the negligence of the Released Parties or otherwise.
8. Waiver of Claims. I hereby waive any and all claims that I may have or which may hereafter accrue against the Released Parties, arising out of or in any way related to my use of the e-bike(s), including but not limited to any claims for personal injury, death, property damage, or other losses, whether caused by the negligence of the Released Parties or otherwise.
9. Binding and Contractual. This Waiver is intended to be binding upon me, my family, my heirs, my estate, my legal representatives, and assigns. I understand that the terms of this document are contractual and not a mere recital.
10. Governing Law. I acknowledge and understand that this Waiver is intended to be as broad and inclusive as permitted by the State of Florida and that this Waiver is governed by and interpreted in accordance with the laws of the State of Florida, without regard for any conflict of laws provisions. If any provision of this Waiver is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision will not otherwise affect the remaining provisions of this Waiver, which will continue in full force and effect.
11. Acknowledgement of Rules and Safety. I acknowledge that I have been provided with or have otherwise obtained and understand the rules and safety instructions related to the use of the e-bike(s). I agree to follow all such rules and instructions and understand that failure to do so may result in injury or death. I understand and agree that I am responsible for wearing appropriate safety gear, including a helmet, while using the e-bike(s).
12. Voluntary Participation. I am participating in a Tour only after having carefully read this Waiver. I am aware that I am giving up legal rights by signing this Waiver and that I have no obligation to participate in a Tour. By signing this form, I hereby represent, warrant, and certify that I am at least 18 years of age.
13. Participating Minors. For each participant who is a minor, the adult participant registering on their behalf represents and warrants to Company that they are the legal guardian of that minor and possess full legal authority to release and waive claims and to covenant not to sue on that minor’s behalf. By registering for a minor, I am agreeing that I am their parent or legal guardian and am releasing Company from any claims, lawsuits, or responsibilities for that minor.
14. Severability. If any provision of this Waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Entire Agreement. This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.