In consideration of the participation of the rider or guest identified below (“Participant”) in the The Cycling House, a Montana limited liability company (“The Cycling House” or “TCH”) ride, camp, or tour (“Event”) described in the Event Notes (“Event Notes”), incorporated herein, Participant acknowledges and agrees to the Event Participant Waiver, Release and Agreement (“Agreement”) terms and conditions set forth below:

1. Waiver and Release.  Participant acknowledges that bicycling and other athletic activities such as swimming or running, have inherent risks that could result in serious injury or death. These risks include falling, colliding with vehicles or other cyclists, encountering road hazards such as potholes and cracks, crossing train tracks, adverse weather conditions, encountering or being chased by animals, bicycle failures and malfunctions, and, in the case of swimming, drowning. To the maximum extent permitted by law, Participant freely and voluntarily ACCEPTS ALL RISKS of injury, death, or property damage relating to their participation in the Event. Participant waives and releases The Cycling House, including its officers, employees, agents, volunteers and contractors (including bike rental providers), from all claims, liabilities, and injuries or damage to property arising from or in any way related to their participation in the Event except to the extent such injury or damage is the result of the reckless and intentional acts of TCH. Participant acknowledges responsibility for their conduct and decisions while participating in the Event and agrees that this waiver and release includes non-bicycling and similar athletic activities during the Event.
2. Hold Harmless, Indemnification and Duty to Defend.  To the maximum extent permitted by law, Participant agrees to HOLD HARMLESS, INDEMNIFY, AND DEFEND The Cycling House, including its officers, employees, agents, volunteers and contractors (including bike rental providers), from and against any and all claims for injuries to persons or damage to property (including lost, stolen, or damaged property) of any kind whatsoever related to their participation in the Event except to the extent such injuries or damages are the result of the reckless and intentional acts of TCH. These obligations apply to claims of negligence by TCH and include costs of defense including attorney’s fees.
3. Representations and Warranties.  Participant represents that they: (1) are 18 years of age or older (or that, if approved by TCH, an Addendum for Minor Participant), (2) understand the risks of bicycling and any other athletic activities associated with the Event, (3) have the bicycling and/or other athletic skills necessary for all Event activities, and (4) are physically fit, have trained sufficiently for the Event, and have not been otherwise advised by a qualified medical professional.
4. Consent to Emergency Medical Treatment.  Participant consents to all emergency or other medical treatments deemed necessary by TCH, good Samaritans, first responders, and health care providers until such time as Participant (or a guardian or other person legally authorized to make medical decisions for Participant) can make such medical decisions. 
5. Rules of the Road and Safety.  Participant agrees to follow applicable rules of road and safety requirements, follow the directions of TCH during the Event unless reckless or clearly unreasonable, and wear a helmet throughout all bicycling activities.
6. General TCH Policies.  Participant has read and agrees to exercise best efforts to follow general TCH policies, including those related to Health and Illness, Code of Conduct, and Privacy, which policies are incorporated herein.
7. Cancellation or Interruption of Event; Force Majeure.  Subject only to TCH’s Event Cancellation Policy, Participant understands and agrees that TCH will not be responsible for any delay, interruption, or other failure to perform the Event and that TCH, in its sole discretion, may cancel, postpone, or reroute the Event based on force majeure events outside the reasonable control of TCH. Such events include but are not limited to severe weather, wildfires, poor air quality, epidemics, war, terrorist threats, government instability, riots and violence, compliance with government requests, volcanic eruptions, earthquakes, flooding or other natural disasters, strikes, travel limitations, the unexpected unavailability of accommodations or scheduled activities, inability to deploy necessary equipment or volunteers, roadway or trail closures or construction, and dangerous or impassable roadway or trail conditions.
8. Permission to Use Likeness.  Participant authorizes TCH to use their image without payment in any future TCH materials, including in photos, videos, or other recordings made during the Event.
9. Lost Property.  Participant understands and agrees that TCH is not responsible for lost, stolen, or damaged personal property, including bicycles and luggage.
10. Specific Terms and Conditions.  Participant agrees to the following specific terms and conditions:
    1. The provisions of the Event Notes including any special requests of the Participant that have been agreed to by TCH, incorporated herein.
    2. The terms and conditions of any equipment rental agreement with TCH, incorporated herein. (Note: Participant may be required to sign an equipment rental agreement with an equipment rental provider, if applicable.)
    3. Travel insurance for all Events, which insurance shall cover Event cancellation and repatriation or transfer (e.g. evacuation) to the place of origin in the event of illness, accident, or death. Information related to such coverage, when required, shall be disclosed in the Event Participation Form, incorporated herein.
    4. Addendum for Minor Participants if applicable, incorporated herein.
11. Governing Law and Venue.  This Agreement is governed and shall be construed under the laws of the State of Montana. The exclusive venue for any actions hereunder shall be the Fourth Judicial District Court, Missoula County.
12. Binding Agreement.  Participant agrees that this Agreement and other documents incorporated herein shall by binding on the Participant and their family, heirs, estate, assigns, and legal representatives.
13. Severability.  If any provision or clause of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall be considered valid and enforceable.

I UNDERSTAND THAT BY PARTICIPATING IN THE EVENT I AM AGREEING TO THE TERMS AND CONDITIONS ABOVE, AND THAT THESE TERMS AND CONDITIONS INCLUDE AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY, A WAIVER OF LEGAL RIGHTS, AND A HOLD HARMLESS THAT DEPRIVE ME OF THE RIGHT TO SUE CERTAIN PARTIES EXCEPT AS OTHERWISE ALLOWED HEREIN.

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