CUSTOMER AGREEMENT AND RELEASE AND WAIVER OF LIABILITY
Los Angeles Bikers LLC (“LAB”) organizes and offers motorcycle tours throughout Southern California and other areas to licensed motorcycle riders. To ensure that our riders act responsibly at all times, this agreement defines Rider’s obligations made in exchange for the purchase of services from LAB.
By signing below, the “Rider” acknowledges that he/she has read and fully understands all of the terms and conditions of this agreement and waiver:
ACKNOWLEDGEMENT OF THE LIMITED
SCOPE OF SERVICES BEING PROVIDED BY LAB
Rider acknowledges and accepts that he/she is purchasing a limited scope of services from LAB. LAB agrees to provide only: (i) a guided bike ride/tour within a specified route or area, (ii) the facilitation/coordination of accommodations for overnight stays (when applicable), and (iii) the facilitation/coordination of the rental of a motorcycle (when applicable) chosen and inspected by the Rider from a third party (hereinafter, the “Services”).
Rider acknowledges that LAB does not and will not provide any other services, whether intentionally or unintentionally, other than those listed above. Services excluded, but not necessarily be limited to, are the following: verification of Rider or other riders’ experience or qualifications (other than verification of a valid motorcycle license), Rider motorcycle/equipment or equipment inspections, road or weather condition warnings/inspections, accommodation/property inspections, Rider or other riders’ mental, physical or psychological evaluations, traffic safety, and any other services not expressly provided for above (hereinafter “Non-Included Services”). Any other services which Rider may hereafter perceive or claim as being provided by LAB are expressly waived herein.
RIDER’S REPRESENTATIONS AND AGREEMENT
Rider represents that:
- he/she is properly licensed and experienced to undertake the motorcycle ride/tour being purchased from and offered by LAB;
- he/she is physically and mentally healthy, capable of completing the ride/tour;
- he/she has not been convicted of either any criminal or traffic-related violations, including driving under the influence or a suspension of licensure for any moving violations, or any other violations which would negatively affect his/her ability to take the ride/tour with LAB and other riders; and
- he/she has performed a thorough inspection of any of his/her equipment, including helmet, protective wear and motorcycle, and that all are in good working order and condition.
Rider agrees to:
- perform a thorough inspection of his equipment, including helmet, protective wear and motorcycle to ensure that all are in good working order and condition prior to beginning the ride/tour and make continuous inspections of all equipment throughout the ride/tour to ensure that they remain in good working order and condition;
- ride safely and with consideration for all other users on the road;
- read, know, and abide by all applicable state laws, rules and regulations, as well as any of LAB;
- refrain from any alcohol or drug use for a minimum of 48 hours prior to the ride/tour and at all times during the ride/tour; and
- refrain from any improper, rude, aggressive behavior with any other riders or persons encountered during the tour, including the use of profanity, etc.
- immediately report any violations of law, safety violations or violations of these rules by other riders during the ride/tour.
Rider further agrees that LAB has the absolute discretion and the right to refuse service or continued service (without refund) to anyone whom it deems to be either a safety hazard to him/herself or to others and/or whom LAB determines in its sole discretion is uncooperative or disruptive to the tour and its riders.
RIDER’S RELEASE AND WAIVER OF LIABILITY
I, the undersigned Rider, in consideration of using the Services provided by LAB, have read, understand and expressly agree to the following:
- Risk of Personal Injury.
I understand that the risks of riding motorcycles on public or private roadways are numerous and include, but are not limited to, the following: DEATH, PARALYSIS, HEAD INJURIES, BROKEN BONES, CUTS, SCRAPES, DAMAGE TO EQUIPMENT, GEAR, AND CLOTHING, AND CAUSING DAMAGE TO AND/OR INJURING OTHERS; falling; loss of control; encountering trees, limbs, brush, rocks, structures, ropes, barriers, or other man made or naturally occurring obstacles; encountering unpredictable terrain such as varying steepness, mud, holes, cliffs, gravel, narrow roadways, and/or lack of roadways; negligence of other riders, persons, or vehicles; the negligent actions of any owners of property ridden on; or the negligent actions of LAB or its members, officers, employees, or agents.
- Release of all Liability (including negligence).
I AGREE TO FULLY RELEASE AND DISCHARGE LAB FROM ANY LIABILITY for any damages, injuries, or claims, including any injuries or damages occurring from any negligence of LAB, or any of its agents, to myself, or any other person or property, as a result of my participation in the Services. I fully understand and agree to release LAB for its negligence in causing in whole or in part any injury to me. I also fully release and discharge LAB from any liability arising out of or related to any injuries or damages caused by the Non-Included Services.
- Express Assumption of Risks.
I EXPRESSLY ASSUME ALL RISK OF LOSS, DAMAGE OR INJURY OCCURRING AS A RESULT OF PARTICIPATING IN THE RIDE/TOUR, INCLUDING THE RISK OF LAB’S NEGLIGENCE.
1-Indemnity and Hold Harmless.
I AGREE TO INDEMNIFY LAB and their members, offices, agents or employees AND HOLD THEM HARMLESS FOR ANY DAMAGES, INJURIES, JUDGMENTS OR LAWSUITS, including attorney’s fees and costs incurred by them, that are proximately caused by my negligence or willful misconduct during the ride/tour and/or my use of third party equipment or accommodations. I agree my obligation to indemnify and hold LAB harmless applies even if LAB is negligent.
I understand this is a contract, which limits my legal rights, and it is binding upon me, my heirs and legal representatives. If portions of this agreement are invalid, it is agreed the remaining portions will remain intact and enforceable. By signing the Release of Liability, the undersigned acknowledges she or he has fully read and understands the above and foregoing.
|I agree to all of the above terms of this agreement and waiver.
Printed Name: __________________________________________
Signature of Rider:__________________________________________ Date:________________
TO BE COMPLETED PRIOR TO RIDE/TOUR
Rider represents that he has performed a thorough inspection of his equipment, including helmet, protective wear and the motorcycle and that all are in good working order and condition. Rider agrees to make continuous inspections of all equipment throughout the ride/tour to ensure that they remain in good working order and condition.