WAIVER
We must receive signed waiver before your tour departs. Please sign, scan, and email to bikevietnamcambodia@gmail.com or print, sign, and mail to Bike Vietnam, 697 Mulberry Ln., Moab, Ut. 84532In consideration of the services of Bike Vietnam, Inc and Michael W. Smith., their officers, agents, employees, volunteers, participants, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Bike Vietnam", I hereby agree to release and discharge Bike Vietnam, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that biking entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or 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. The risks include, among other things: Falling, collision, upset, striking obstructions or other person(s), unsafe speed of travel for conditions, head injuries, equipment failure, weather conditions including lightning, flash flood potential in canyon areas and temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion), dehydration, disease and highway or roadway vehicles.In addition, I agree to wear a helmet as required at all times while riding on this tour. I will expect unforeseen obstacles and variations in the trail and road and will be responsible for judging what and what not to ride or when to walk my bike on the trail. I will be responsible for the care and maintenance of my own personal belongings. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I will listen to and strictly follow all instructions from Bike Vietnam regarding safety, safe bicycling, personal welfare and backcountry conduct. Furthermore, Bike Vietnam' guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant's fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Bike Vietnam from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Bike Vietnam' equipment or facilities, including any such claims which allege negligent acts or omissions of Bike Vietnam. 4. Should Bike Vietnam or anyone acting on their behalf, be required to incur attorney's Fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.PAGE 2 OF 2 5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I will be responsible for all financial costs incurred from the evacuation of myself and/or my minor children. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. 6. In the event that I file a lawsuit against Bike Vietnam, Inc., I agree to do so solely in the State of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.I agree that if any portion of this agreement is found to be void or unenforceable, the Remaining portion shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Bike Vietnam on the basis of any claim from which I have released them herein.I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Signature of Participant:______________________________Print
Name:__________________________Phone:__________________Date:_______________________
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Parent's or Guardian's Additional Indemnification
(Must be completed for participants under the age of 18)
In consideration of ____________________________________________ (print minor's name(s)) being permitted by Bike Vietnam to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Bike Vietnam from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.Parent or Guardian:________________________________Print
Name:_________________________Date:______
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Photo Release Clause:
I understand that any photograph taken of myself and/or my minor children by Bike Vietnam' agents may become the property of Bike Vietnam and I hereby authorize use of such photos for brochures, slideshows and other promotional materials.
Signature:____________________________________Date:_________