Waiver

SIP N CYCLE, LLC WAIVER AND RELEASE OF LIABILITY FOR ANY INJURY OR DEATH AND ASSUMPTION OF RISKS Please read this document carefully This document must be signed by an adult of at least eighteen years of age If the participant is 12 to 17 years of age, it must be signed by both the participant and parent or legal guardian The individual named below desires: (a) to use or be granted access to services and/or activities offered by Sip N Cycle, LLC (SNC); (b) to participate in trips, tours, rides, adventures, and/or other types of events (collectively, Events), which may take place at SNC or remotely on equipment owned or operated by SNC or are otherwise sponsored by or involve SNC or its officers, directors, employees, contractors, agents, landlords and property managers (together with SNC, collectively, "Released Parties"); and/or (c) to engage cycling, riding, or any of the various other types of activities (collectively, "Activities") which may take place at SNC or remotely on equipment owned or operated by SNC or are otherwise sponsored by or involve SNC or any of the other Released Parties. All references to SNC throughout this Waiver and Release of Liability for Any Injury or Death and Assumption of Risks ("Release") includes all rooms, areas, and spaces on the interior of SNC, the exterior of SNC, and the parking areas accorded to SNC and any equipment or vehicle, whether used on SNC premises or remotely, owned or leased by SNC (collectively, “Facilities”) this Waiver and Release of Liability for any injury or Death and Assumption of Risks is applicable to all such locations. For the purposes of this Release only, I agree that the "Events" and "Activities" span from the time that I leave my residence prior to each particular Event or Activity to the time that I return to my residence after the conclusion of the Event or Activity, as the case may be. In consideration for SNC permitting me to use the Facilities, to participate in the Events and/or to engage in the Activities, I have agreed to execute this Release. FURTHER, I AGREE AND UNDERSTAND THAT I WILL NOT BE ALLOWED TO, NOR WILL I PARTICIPATE IN ANY EVENTS AND/OR ACTIVITIES WITH SNC WITHOUT (1) A SIGNED RELEASE BEING FILED WITH SNC, (2) REVIEWING A COPY OF SNC’s YOUTH PARTICIPATION INFORMATION, IF APPLICABLE, AND (3) SIGNING A COPY OF THE SNC RULES, CONDITIONS, AND ORIENTATION AND THAT I HAVE BEEN PROVIDED WITH COPIES OF EACH SUCH DOCUMENT FOR MY REVIEW. RELEASE-2 A. I WAIVE AND RELEASE SIP N CYCLE, LLC FROM ANY POTENTIAL LIABILITY RESULTING FROM MY DEATH AND/OR ANY INJURY, LOSS, DAMAGE, EXPENSE, ACTION, CLAIM, AND LIABILITY ARISING OUT OF ANY USE OF THE FACILITES, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES: I agree to release and discharge SNC and the other Released Parties from any potential liability resulting from my death and/or from and against any and all past, present, or future injuries, losses, damages, expenses, property damage, whether or not anticipated or unanticipated, suspected or unsuspected, relating to or arising from: (i) the use of the Facilities; (ii) the participation in the Events sponsored by or involving any of the Facilities, SNC or any of the other Released Parties; (iii) the engagement in the Activities sponsored by or involving any of the Facilities, SNC or any of the other Released Parties; (iv) the interaction with any of the Released Parties; or (v) the placement of myself in the care, custody or control of any of the Released Parties. This Release is intended to release and discharge the Released Parties from any and all losses, damages, expenses, actions, claims and liabilities of any nature whatsoever, such as losses, damages, expenses, actions, claims and liabilities arising from or related to the negligence of, or the breach of any duties which may be owed by, the Released Parties. I understand that this Release prohibits me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages or expenses against any of the Released Parties. B. I ASSUME THE RISK OF INJURIES OR DEATH ASSOCIATED WITH THE USE OF THE FACILITIES, PARTICIPATION IN ANY OF THE EVENTS, OR ENGAGEMENT IN ANY OF THE ACTIVITIES: In addition to my waiver and release of the Released Parties from any loss, damage, expense, action, claim, liability, injury or death, I understand that there are significant elements of risk associated with participation in the Events and engagement in the Activities that may be conducted by SNC or otherwise involve the Facilities, SNC, or any of the other Released Parties. Certain risks cannot be eliminated without destroying the unique character of the Events or the Activities conducted by or through SNC. The same elements that contribute to the unique character of the Events and the Activities can be causes of injury, illness, or in extreme cases, permanent disability, trauma, or death. I acknowledge that using the Facilities, participating in the Events and engaging in the Activities sponsored by or involving the Facilities, SNC, or any of the other Released Parties, involves certain risks, inherent or otherwise, including the risk of death or serious personal injury, regardless of whether I follow SNC instruction or recommendations, such as those pertaining to Facility rules and regulations, riding, cycling, fitness training/exercise, or involving my choice of equipment to use or whether or not to wear a helmet or any other protective device. I further acknowledge that my option to bring an alcoholic beverage (if 21 or older) to Events and/or Actives of SNC further increases the risks associated with the Events and Activities. I agree to assume all such risks, as well as any other risks involved in using the Facility, participating in Events, and/or engaging in the Activities sponsored by or involving SNC or any of the other Released Parties. RELEASE-3 C. I AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE RELEASED PARTIES: I further agree to indemnify, hold harmless and defend the Released Parties from and against any and all loss, damage, liability, claim and expense, including attorneys' fees and costs, incurred by any of the Released Parties in relation to my, or if I am signing on behalf of a minor as parent or legal guardian, said minor’s: use of the Facilities, participation in the Events, or engagement in the Activities sponsored by or involving SNC or any of the other Released Parties. D. CHOICE OF LAW: The laws of the State of Idaho shall govern the rights and obligations of the parties to this Release and the interpretation, construction and enforceability of the Release. If any dispute shall arise between me and either SNC or any of the other Released Parties, I agree that any lawsuit brought by me against any Released Parties shall be brought solely in a state court located in Idaho, Twin Falls County. This release shall be effective upon my execution hereof and shall continue in force, unless sooner terminated in a signed writing, for so long as I or my minor child (if applicable) or such other below-named "Participant" uses a Facility, participates in an Event, and/or engages in an Activity sponsored by or involving SNC or any of the other Released Parties. E. OTHER CONSIDERATIONS: 1. I permit the use of my likeness. I acknowledge and agree that SNC reserves the right to use any photograph taken at the Facilities, during Events, or in connection with any of the Activities involving SNC or any of the other Released Parties in connection with SNC’s promotional materials, brochures, and website. 2. Capability to participate. I am capable of participating in these Activities and Events offered by SNC without causing harm to myself or others. I agree to follow all SNC rules. I acknowledge SNC staff has been available to answer my questions about the nature and physical demands of the Activities and/or Events and their risks, hazards, and dangers. I understand the presence of SNC personnel is no assurance of my safety or the lessening of any of these or other risks. 3. Medical attention and transport. In the event of an accident and/or emergency, I authorize SNC staff to contact the person(s) listed in Participant's emergency contact information. Further, I authorize SNC staff to obtain or provide medical care for me or my minor child (if applicable) and to transport me or my minor child (if applicable) to a medical facility and to exchange pertinent medical information with third party medical care providers. I agree to pay all costs associated with such medical care and transportation. 4. Severability. If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of the Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby and will remain in full force and effect. RELEASE-4 I HAVE READ AND I UNDERSTAND THE FORGOING ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY FOR ANY INJURY OR DEATH. I UNDERSTAND BY SIGNING THIS FORM I MAY BE WAIVING VALUABLE LEGAL RIGHTS. THIS RELEASE IS A BINDING LEGAL CONTRACT PLEASE READ IT CAREFULLY BEFORE SIGNING

ACCIDENT WAIVER AND RELEASE OF LIABILITY 

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