In consideration of my child being permitted to participate in events and
activities (collectively, “Events”) conducted and organized by Pedal
Adventure Camps, LLC. (“P.A.C.”), I hereby agree as follows:
1 RULES: I, and any and all of my participating children, agree to abide by
all P.A.C. rules and policies (the “Rules”). Failure to abide by these Rules
may result in dismissal from participation in any Events at any time without
any entitlement to refund. These Rules may be found on our website
www.pedaladventurecamps.com and are hereby incorporated by reference.
Upon request, a physical copy of the P.A.C. Rules can also be made
available to you. By signing below, you acknowledge you have read the
Rules and agree to their terms.
2 REFUND & CREDIT POLICY: After April 15th, written request must be
received four or more weeks prior to the registered session for a refund or
credit of 60% of the registration fee. Prior to April 15, a $40 administration
cancellation fee is charged. No refunds or credits will be provided for
cancellations or withdrawals occurring less than four weeks prior to the
registered session. No refunds and/or credits will be granted for absences,
dismissal, weather, or voluntary withdrawal from the camp, or for changes to
the camp schedule or program deemed necessary by the Director.
3 IMAGES: Photographs and/or videos of my child may be used for
promotional purposes by P.A.C., without compensation to me or my child; I may
decline to have my child’s image used in this manner through a written request.
4 EXPRESS ASSUMPTION OF RISK AND HOLD HARMLESS
AGREEMENT: I, individually and on behalf of any of my participating
children, do acknowledge and recognize that camp activities, including but
not limited to operating or riding a bicycle, are potentially hazardous and high
risk activities that may require strenuous exercise. I understand that
participation in these events and activities may expose my child to the
inherent risk of injury, death and or property damage. I fully understand that
P.A.C. may take my participating children on bicycle routes and paths that
could expose my child to automobile and foot traffic that could result in
accidents and injuries, and I acknowledge that these risks of injury or death
to my child cannot be removed or eliminated with respect to the activities and
events. I represent that to the best of my knowledge, my participating
children have no medical, physical and/or emotional health condition that
could hinder or prevent her/his active participation in the activities or events
in any way whatsoever. I, individually and on behalf of my spouse and
participating children, acknowledge, understand and accept the risks of
bodily injury related to the Events.
I, INDIVIDUALLY AND ON BEHALF OF MY SPOUSE AND
PARTICIPATING MINOR CHILDREN, DO KNOWINGLY AND FREELY
ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, AND HEREBY
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS P.A.C., ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,
OWNERS OF PROPERTY USED OR LEASED BY P.A.C. AND ANY OF ITS
REPRESENTATIVES OR AGENTS (COLLECTIVELY, THE “PAC
AFFILIATES”), FROM AND AGAINST ALL LIABILITIES, DEMANDS,
CLAIMS, COSTS, LOSSES, DAMAGES, RECOVERIES, EXPENSES OR
SETTLEMENTS, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY,
DEATH OR LOSS OR DAMAGE TO PERSON OR PROPERTY
(INCLUDING, BUT NOT LIMITED TO, DAMAGE TO THE BICYCLE AND
OR EQUIPMENT I PROVIDE TO MY CHILDREN FOR USE IN THE
EVENTS) ASSOCIATED WITH THE PRESENCE OR PARTICIPATION OF
MY CHILDREN IN THE EVENTS, AND ARISING FROM ANY ACTION OR
OMISSION OF P.A.C. AND/OR PAC AFFILIATES, WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF P.A.C. AND/OR PAC AFFILIATES,
AND WHETHER OF NOT DUE TO (A) USE OF ANY P.A.C. FACILITIES OR
EQUIPMENT, WHETHER OR NOT SUCH FACILITIES AND EQUIPMENT
MAY BE IMPROPERLY MAINTAINED OR MAY MALFUNCTION OR
BREAK, (B) IMPROPER MAINTENANCE, OR (C) P.A.C.’s INSTRUCTION
OR SUPERVISION.
5 LIMITATION OF LIABILITY, SMALL CLAIMS, ARBITRATION:
Notwithstanding any other provision hereof, neither P.A.C. nor any PAC Affiliate
shall be liable for any loss, damage, or liability incurred by me or my children in
connection with participation by my children in the Events, whether due to the
negligence of P.A.C. or PAC Affiliates or otherwise, unless said claim is solely
caused by P.A.C. or PAC Affiliates’ gross negligence or willful misconduct. IN
NO EVENT WILL P.A.C. OR ANY PAC AFFILIATE BE LIABLE FOR ANY
FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR
PUNITIVE DAMAGES OF ANY KIND (WHETHER OR NOT FORESEEABLE),
EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES. In no event shall P.A.C.s' liability exceed the amount paid to P.A.C.
for participation by my child in the Event, irrespective of the cause of the loss,
damage or liability. The parties agree that any and all disputes, claims or
controversies arising out of or relating to this Participant Agreement, and or the
participation of my children in any P.A.C. Events of $5,000 or less (hereafter
referred to as a “Controversy”) shall be resolved in the small claims court in the
City and County of Denver, Colorado. In the event of any Controversy in excess
of $5,000, said dispute will be resolved by way of binding arbitration pursuant to
the terms of the Rules, which are hereby incorporated by reference.
6 EQUIPMENT AND PREPARATION:
I understand that while the state Colorado does not have helmet law, P.A.C.
rules requires that children must wear an approved helmet at all times while
riding a bicycle. The helmet must meet ASTM or CPSC standards
("Standards"). P.A.C. reserves the right to prohibit participation in any Event
any registrant whose helmet does not appear to be in compliance with these
standards or is in any way deficient, and that there will be no entitlement to
refund or credit. I assume full responsibility for providing my child with a helmet
that corresponds with P.A.C. and ASTM or CPSC standards; if P.A.C.
personnel determine that my child’s helmet is not in compliance with the
Standards or is in any way deficient, I authorize P.A.C. to provide a new helmet
for my child for which I will reimburse P.A.C. the full purchase price plus a $10
convenience fee within five business days. P.A.C. will incur no liability if it does
not provide a helmet pursuant to this Section or if my child’s helmet does not
comply with applicable law.
7 ACKNOWLEDGEMENT OF UNDERSTANDING:
I HAVE READ THIS PARTICIPANT AGREEMENT INCLUDING THE
P.A.C. RULES AND THE EXPRESS ASSUMPTION OF RISK AND HOLD
HARMLESS AGREEMENT, FULLY UNDERSTAND ALL TERMS AND
PROVISIONS OF THE AGREEMENT, AND UNDERSTAND THAT I AM
GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO A JURY
IN THE EVENT OF ANY DISPUTE. I ACKNOWLEDGE THAT I AM
SIGNING THIS PARTICIPANT AGREEMENT FREELY AND
VOLUNTARILY, AND INTEND MY SIGNATURE TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT
ALLOWED BY LAW.
I have read and agree to all the terms and conditions set forth
above.
