**PLEASE READ THE FOLLOWING RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT (“RELEASE AND WAIVER”) CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY REGISTERING FOR A BIKE STREETS ACTIVITY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THIS RELEASE AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.

Anytime you participate in a Bike Streets (defined below) event, program or workshop (defined collectively as the “Activity”) you are expressly agreeing to  the terms of this Release and Waiver. If you do not agree to these terms, you cannot participate in the Activity. 

Though you still need to read the entire document, some of the key points of this Release and Waiver are highlighted here:

• THE ACTIVITY IS HAZARDOUS AND MAY CAUSE PHYSICAL INJURY, DEATH OR PROPERTY DAMAGE. Participating in the Activity may be physically challenging and may pose a risk of discomfort, illness, injury, and even death. You need to be satisfied that you are skilled in how to ride a bicycle on city streets in traffic and that you are physically capable of participating in the Activity without undue risk to your health or your life. We do not conduct health or fitness checks on participants.

• USE OF A HELMET IS STRONGLY RECOMMENDED. You understand that A HELMET IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head, and that biking and other related activities can expose the user to forces that exceed the limits of protection provided by a helmet.

• YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITY. The Activity involves inherent risks and dangers to participants and you participate at your own risk. You assume full and complete risk and responsibility for any discomfort, illness, injury, death, or accident which may result from your participation in the Activity. You’re responsible at all times for your conduct and its consequences.

• THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.

• IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE ACTIVITY, YOU AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE BIKE STREETS OR THE RELEASED PARTIES. 

In consideration of being permitted to register and/or participate in and/or observe the Activity, on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:

1. Authority to Register and/or to Act as Agent. You represent and warrant to Bike Streets that you have full legal authority and capacity to enter into this Release and Waiver and to participate in and complete the registration for the Activity, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which any registration fees will be charged.

As used in this Release and Waiver, (a) “Bike Streets” means and includes Bike Streets, LLC, its owners, officers, partners, sponsors, licensors, and any and all subsidiaries, or affiliated entities and each of their officers, employees, contractors, volunteers, subcontractors, insurers. Bike Streets is also referred to herein as the “Released Parties”; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, your spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on your behalf. You are also referred to herein as the “Releasing Parties”.

To the extent permitted by law, each person agreeing to this Release and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold Bike Streets harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Release and Waiver. In addition, if, despite this Release and Waiver, any of the Registered Parties makes a claim against Bike Streets, you agree, immediately upon request or demand by Bike Streets, to defend, indemnify, and hold Bike Streets harmless from all Liabilities which may be incurred as the result of such claim.

2. ASSUMPTION OF RISK. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE ACTIVITY, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY DISCOMFORT, ILLNESS, INJURY, DEATH, OR ACCIDENT WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE ACTIVITY, DURING THE ACTIVITY, OR WHILE YOU ARE TRAVELING TO OR FROM THE ACTIVITY.

YOU UNDERSTAND THAT PARTICIPATING IN THE ACTIVITY MAY BE HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU SHOULD CONSULT YOUR DOCTOR BEFORE PARTICIPATING IN THE ACTIVITY. IT IS YOUR RESPONSIBILITY TO CHECK AND TO ENSURE THAT YOU ARE AT ALL TIMES MEDICALLY AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES RELATED TO THE ACTIVITY. 

YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE ARE INHERENT RISKS AND OTHERS THAT MAY CAUSE INJURY OR INJURIES. YOU ALSO ACCEPT FULL RESPONSIBILITY FOR YOUR ACTIONS AND OMISSIONS. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITY.

3. Representations. You represent and warrant that you are in good physical condition, are able to safely participate in the Activity, are mentally and physically capable of riding a bicycle, and have no medical condition that would make your participation in the Activity more hazardous. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by Bike Streets or the Activity organizer and to abide by any decision of any Activity official relative to your ability to safely participate in or attend the Activity. You understand and agree that you are expected to exhibit appropriate behavior at all times while participating in the Activity and to obey all applicable laws, including traffic laws, while participating in or attending the Activity. This includes, generally, respect for other people, equipment, facilities or property. You understand and agree that you are responsible for taking care of your own personal belongings during the Activity and, to the maximum extent permitted by law, Bike Streets shall not be responsible for any personal item or property that is lost, damaged or stolen at or during the Activity. You understand and agree that Bike Streets reserves the right to cancel any pre-planned Activity in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Activity participants and/or spectators or the feasibility of the Activity to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by Bike Streets. You agree to hold Bike Streets harmless from any Liabilities of any kind or nature, related to any cancellation or disruption of the Activity.

4. RELEASE AND WAIVER OF LIABILITY. TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE, WAIVE ANY AND ALL CLAIMS AGAINST, FOREVER DISCHARGE AND HOLD HARMLESS BIKES STREETS AND ALL RELEASED PARTIES, FOR AND FROM ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE ACTIVITY, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY THE ALLEGED OR ACTUAL NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT AND/OR FAILURE TO TAKE REASONABLE STEPS TO PROTECT AGAINST THE RISKS OF THE ACTIVITY), ERRORS OR OMISSIONS, BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, THE ACTION OR INACTION OF ANY OF THE RELEASED PARTIES, OR OTHERWISE. YOU ALSO AGREE TO PAY ALL COSTS AND ATTORNEY’S FEES INCURRED BY ANY RELEASED PARTY IN DEFENDING A CLAIM OR SUIT BROUGHT AS A RESULT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY.

BIKE STREETS AND ALL RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIKE STREETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, BIKE STREETS WILL NOT BE RESPONSIBLE FOR: (A) YOUR PARTICIPATION IN ANY ACTIVITY; (B) PERSONAL INJURY; (C) DEATH; (D) PROPERTY LOSS, THEFT, OR DAMAGE; (E) ANY MEDICAL COSTS OF ANY KIND WHATSOEVER; AND/OR (F) ANY OTHER DAMAGES, LOSSES, CLAIMS OR LIABILITIES IN ANY WAY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN THE ACTIVITY. YOU AGREE THAT BIKE STREETS’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF MONIES RECEIVED BY BIKE STREETS FROM YOU; AND (B) $10.

NOTHING IN THIS RELEASE AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING BIKE STREETS’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS GROSS NEGLIGENCE; (B) ITS FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY.

5. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE ACTIVITY; (B) YOUR PARTICIPATION IN THE ACTIVITY, INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY THE ALLEGED OR ACTUAL NEGLIGENCE (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT AND/OR FAILURE TO TAKE REASONABLE STEPS TO PROTECT AGAINST THE RISKS OF THE ACTIVITY), (C) THE ACTION OR INACTION OF BIKE STREETS; (D) ANY AND ALL LOSSES, DAMAGES OR CLAIMS ARISING OUT OF, RESULTING FROM OR RELATING TO ANY CLAIM, ACTION OR CAUSE OF ACTION FOR DEATH OR BODILY INJURY OR DAMAGE TO PROPERTY SUFFERED BY ANY PERSON, ENTITY OR ENTERPRISE AS A RESULT OF YOUR PARTICIPATION IN THE ACTIVITY; (E) ANY VIOLATION BY YOU OF ANY TERMS OF THIS RELEASE AND WAIVER; OR (F) ANY MISREPRESENTATION MADE BY YOU HEREIN, WHETHER SUCH CLAIMS, ACTIONS OR CAUSES OF ACTION ARE ALLEGED TO BE THE RESULTS OF ANY ACT, OMISSION, NEGLECT OR MISCONDUCT BY THE RELEASED PARTIES.  YOUR INDEMNIFICATION OBLIGATIONS INCLUDE, WITHOUT LIMITATION, THE OBLIGATION TO PAY ANY COSTS INCURRED BY A RELEASED PARTY WITH RESPECT TO AN INDEMNIFIED CLAIM, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, COURT COSTS, AND ANY DAMAGE AWARD.

6. Use of Likeness. You hereby irrevocably grant Bike Streets and the Activity organizer permission to record your voice and photograph you in conjunction with the Activity. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant Bike Streets and any Activity event organizer permission to use your photograph, voice, and likeness taken in conjunction with the Activity, in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any legitimate purpose including, without limitation, any commercial purpose, without compensation to you. You further waive any right of inspection of any such recordings and photographs. You understand that any such recordings and photographs recorded by Bike Streets and/or the Activity organizer shall become the sole property of Bike Streets and/or the Activity holder, as applicable.

7. Severability. You further expressly agree that this Release and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Release and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Release and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby; and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Release and Waiver shall be deemed amended accordingly.

8. Applicable Law; Consent to Jurisdiction. Except as prohibited by applicable law, all disputes arising under or related to this Release and Waiver which cannot be resolved through negotiations between the parties shall be submitted to binding arbitration. If the parties fail to reach a settlement of their dispute within fifteen (15) days after the earliest date upon which one of the parties notified the other(s) of its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to arbitration by a single arbitrator through the Judicial Arbiter Group, Inc. ("JAG"). The arbiter shall conduct the arbitration pursuant to the JAG rules and procedures then in effect and the decision of the arbitrator shall be final, non-appealable and binding upon the parties, and it may be entered in any court of competent jurisdiction. The arbitration shall take place in Denver, Colorado.  The arbitrator shall be bound by the laws of the State of Colorado. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS RELEASE AND WAIVER. 

9.  Waiver. A waiver of any default, breach or non-compliance under this Waiver and Release is not effective unless in writing and signed by the party to be bound by the waiver. No waiver shall be inferred from or implied by any failure to act or delay in acting by a party in respect of any default, breach, non-observance or by anything done or omitted to be done by another party.