Agreements

All participants must read and, during the reservation process, agree to the waiver below:

ASSUMPTION OF RISK and WAIVER AND RELEASE OF LIABILITY AGREEMENTs

Black Hills E-Bikes Inc., DBA Mile High e-Bikes

I, being above age eighteen and herein after referred to as PARTICIPANT, or the parent or legal guardian of any minors aged 14-17, who shall be under PARTICIPANT’s direct supervision and shall herein after referred to as PARTICIPANT MINOR, whether singular or plural, in consideration of the services of Black Hills E-Bikes Inc., ( DBA and hereinafter Mile High e-Bikes) the rate charged for those services, or the worth of them as freely given, and the right to engage in the Activities as the PARTICIPANT and PARTICIPANT MINOR, hereby acknowledge, agree, promise, and covenant with Mile High e-Bikes and all persons, entities, employees, and agents, on behalf of myself, heirs, assigns, personal representative and next of kin:

ACKNOWLEDGMENT OF RISK: PARTICIPANT acknowledges, agrees, and represents that the cycling and electric bicycle riding and related activities (“Activities”) PARTICIPANT and any PARTICIPANT MINOR are 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 PARTICIPANT and any PARTICIPANT MINOR, PARTICIPANT’s and any PARTICIPANT MINOR’s property, or other third parties or their property, or the property of Mile High e-Bikes. PARTICIPANT further acknowledges that PARTICIPANT and any PARTICIPANT MINOR understand the nature of cycling and electric bicycle riding and related Activities, that PARTICIPANT and any PARTICIPANT MINOR are 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.
ACCEPTANCE OF RISK AND RESPONSIBILITY: PARTICIPANT fully understands that (a) cycling and electric bicycle riding, 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 PARTICIPANT, any PARTICIPANT MINOR, and to other third parties; (b) these risks and dangers may be caused by PARTICIPANT’s and any PARTICIPANT MINOR’s 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; and, (c) there may be other risks and social and economic losses either known or unknown to PARTICIPANT or not readily foreseeable at this time. PARTICIPANT agrees to accept these risks and to take responsibility, on behalf of PARTICIPANT and any PARTICIPANT MINOR, which might arise from PARTICIPANT’s and any PARTICIPANT MINOR’s participation in the Activities.
PARTICIPANT HEREBY RELEASES, DISCHARGES, AND COVENANTS to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their property arising from PARTICIPANT’s and any PARTICIPANT MINOR’s participation in the Activities and agree not to sue Mile High e-Bikes, 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 PARTICIPANT further agrees that if, despite these ASSUMPTION OF RISK and WAIVER AND RELEASE OF LIABILITY AGREEMENTs, PARTICIPANT, or anyone on PARTICIPANT’s and any PARTICIPANT MINOR’s behalf, make a claim against anyone of the Releases, PARTICIPANT 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. PARTICIPANT further understands and agrees to fully reimburse Mile High e-Bikes for any damage caused to property of Mile High e-Bikes as a result of PARTICIPANT’s and any PARTICIPANT MINOR’s participation in the Activities. PARTICIPANT’s and any PARTICIPANT MINOR’s participation in the Activities is purely voluntary, no one is forcing PARTICIPANT or any PARTICIPANT MINOR to participate, and PARTICIPANT and any PARTICIPANT MINOR elect to participate despite the risks.
PARTICIPANT and any PARTICIPANT MINOR AGREE TO ABIDE by Mile High e-Bikes policies and agree to comply with all instructions of the guide, instructor, or staff in connection with participation in the Activities, and that failure to follow such directions shall be grounds for termination of PARTICIPANT’s and any PARTICIPANT MINOR’s privilege to participate in the Activities without reimbursement or cancellation of fees paid or owed. PARTICIPANT understands that the use or possession of drugs or alcohol is strictly prohibited before and during the Activities and will be grounds for immediate removal from the Activities without reimbursement of fees paid or owed. PARTICIPANT agrees that, if PARTICIPANT or any PARTICIPANT MINOR calls for assistance during the trip due to PARTICIPANT’s or any PARTICIPANT MINOR’s noncompliance with Mile High e-Bikes instructions and/or policies, that PARTICIPANT accepts responsibility for paying any associated rescue and transportation costs.

BY CHECKING THE BOX MARKED “BY CHECKING THIS BOX, I AGREETO THE AGREEMENTs” DURING THE RESERVATION PROCESS, PARTICIPANT AGREES:

I, as a legal adult of 18 years or older (and as the parent / legal guardian of any PARTICIPANT MINOR aged 14-17, who is/are required by this agreement to be under my direct supervision) have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it, I have agreed to it freely and without any inducement or assurance of any nature, and I intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between Mile High e-Bikes, its agents, or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of Mile High e-Bikes, or by me. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. All applicants are subject to acceptance by Mile High e-Bikes. Upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed in the United States of America and shall be construed according to the laws of the state of South Dakota.