Brown Bike Bus Waiver

**PLEASE READ THE FOLLOWING RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY BIKING WITH US AND/OR USING BROWN BIKE BUS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THIS RELEASE AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.
 
Anytime you are participating in a Brown Bike Bus event as a parent, student, or community member,  (defined collectively as the “Activity”) you are expressly agreeing to our Terms of Use, Release Of Liability, Waiver Of Claims, Assumption Of Risk & Indemnity Agreement, and Privacy Policy. 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:
 
•	We do our best to keep kids safe with our limited volunteers and resources, but biking on a city street can be dangerous.  Kids can get hurt falling over, run into other kids by accident, hit a pot hole,  and we can not control for distracted drivers.  Any child grades ECE-1st grade should have a parent biking with them at all times.  Any child grades 2-5 can bike without a parent, but should be a confident rider, understand all state and local traffic laws as well as our Brown Bike Bus rules, be able to stop and look both ways at stops signs to make sure it is safe to cross the street, bike on the right side of the road, avoid biking too close to parked car doors in case they are opened, and know all other rules.  Helmet use is strongly recommended.  
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 and or your child 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.  Any child participating should be a confident biker/cyclist, and have an understanding of road rules, bike safety, and be able to safely bike on their own.  If they are not capable of that, they should have a parent accompany them on the ride.  
•	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.
•	BROWN BIKE BUS CANNOT GUARANTEE THE SAFETY OF ANY OF ITS ROUTES. Brown Bike Bus suggests routes that it believes will provide an enjoyable riding experience, however all routes are subject to the inherent dangers of the Activity. Routes may change or become less safe or enjoyable (or unsafe/unusable) at any time due to traffic, events, construction, potholes or road surface degradation, changes in traffic patterns, weather, sun/glare, and any number of other factors. Changes in conditions and suitability may occur at any time and may not be reflected in any maps you may use. As such, you agree to use your own judgment as to the best routes to take, not to participate in the Activity if it appears unsafe, and to release Brown Bike Bus and the Released Parties from any and all liability associated with the Activity, as further set forth below.
•	THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. This Release and Waiver is a legally binding contract 
•	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 BROWN BIKE BUS, BROWN PTA, BROWN INTERNATIONAL ACADEMY, BROWN BIKE BUS VOLUNTEERS AND ORGANIZERS OR THE RELEASED PARTIES.
•	YOU AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY MISREPRESENTATIONS IN OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
•	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.
 
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:

As used in this Release and Waiver, (a) “Brown Bike Bus” means and includes Brown Bike Bus its volunteers, organizes, partners, sponsors, licensors, and any and all affiliated entities and each of their officers, employees, contractors, volunteers, subcontractors, insurers. Brown Bike Bus 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”.
 
If you are participating with a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into this Release and Waiver on his/her behalf and by proceeding with participation in the Activity, you agree that the terms of this Release and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Release and Waiver by participating in Brown Bike Bus on agreeing to this waiver as a volunteer for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold Brown Bike Bus 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 the 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 Brown Bike Bus, you agree, immediately upon request or demand by Brown Bike Bus, to defend, indemnify, and hold Brown Bike Bus 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.
 
THE ACTIVITY IS MEANT TO BE A PHYSICAL ACTIVITY THAT INVOLVES RIDING A BICYCLE ON UNSUPERVISED, OPEN PUBLIC STREETS WITH LIMITED OR NO ACTIVITY-SPECIFIC SIGNAGE, IN AND AMONG AUTOMOBILE TRAFFIC, PARKED VEHICLES, VEHICLES WITH OPEN OR OPENING DOORS, OTHER BICYCLISTS, PEDESTRIANS, PETS, ANIMALS, AND ANYONE ELSE AND ANYTHING ELSE THAT MAKE USE OF PUBLIC STREETS.
 
BROWN BIKE BUS ROUTES ARE IMPERFECT, MAY BE INCOMPLETE, AND WILL CONTAIN ERRORS.  BROWN BIKE BUS ROUTES CANNOT AND WILL NOT ACCOUNT FOR ALL POSSIBLE SCENARIOS, OBSTACLES, AND OTHER THINGS YOU MAY ENCOUNTER WHILE USING THEM. BROWN BIKE BUS HAS NO ABILITY TO CONTROL, ALTER, MONITOR, OR CHANGE THE STREETS AND PATHS MAKING UP THE ROUTES.  ROUTES DESIGNATED BY BROWN BIKE BUS MAY NOT BE MARKED FOR BICYCLE TRAFFIC.  ROUTES DESIGNATED BY BROWN BIKE BUS MAY CHANGE, MAY BE DAMAGED, MAY BE SUBJECT TO CLOSURE FOR CONSTRUCTION OR EVENTS, MAY BE SUBJECT TO INCREASED TRAFFIC AT TIMES, AND MAY OTHERWISE BECOME UNSAFE OR UNDESIRABLE FOR BICYCLE TRAFFIC.
 
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 ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITY.
 
YOU ACKNOWLEDGE AND AGREE THAT THE ACTIVITY WILL BE HELD ON PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC AND UPON WHICH HAZARDS, INCLUDING THOSE INVOLVING MOVING AND STATIONARY VEHICLES, ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE ACTIVITY CARRIES WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR DISCOMFORT TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO: 1) CONTACT OR COLLISION WITH PERSONS OR OBJECTS (E.G., COLLISION WITH PEDESTRIANS OR SPECTATORS, CONTACT WITH OTHER PARTICIPANTS, BROWN BIKE BUS PERSONNEL, OR NON-PARTICIPANTS, CONTACT OR COLLISION WITH MOTOR VEHICLES OR MACHINERY, AND CONTACT WITH NATURAL OR MAN-MADE FIXED OBJECTS OR OBSTACLES); 2) ENCOUNTERS WITH OBSTACLES (E.G., WATER, ROAD AND SURFACE HAZARDS, DEBRIS); 3) EQUIPMENT RELATED HAZARDS (E.G., BROKEN, DEFECTIVE OR INADEQUATE EQUIPMENT, UNEXPECTED EQUIPMENT FAILURE, IMPERFECT STREET OR ROUTE CONDITIONS); 4) WEATHER-RELATED HAZARDS (E.G., EXTREME HEAT, EXTREME COLD, HUMIDITY, ICE, RAIN, SNOW, FOG); 5) INADEQUATE OR NEGLIGENT FIRST AID AND/OR EMERGENCY MEASURES; 6) JUDGMENT-AND/OR BEHAVIOR-RELATED PROBLEMS (E.G., ERRATIC OR INAPPROPRIATE AUTOMOBILE OR MACHINERY DRIVER, PEDESTRIAN, CO-PARTICIPANT, NON-PARTICIPANT, OR SPECTATOR BEHAVIOR, ERRATIC OR INAPPROPRIATE BEHAVIOR BY THE PARTICIPANT, ERRORS IN JUDGMENT BY PERSONNEL ORGANIZING OR WORKING AT THE ACTIVITY); AND 7) NATURAL HAZARDS.
 
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT ANY OF THESE RISKS AND OTHERS, NOT SPECIFICALLY NAMED, MAY CAUSE INJURY OR INJURIES THAT MAY BE CATEGORIZED AS MINOR, SERIOUS, OR CATASTROPHIC. MINOR INJURIES ARE COMMON AND INCLUDE, BUT ARE NOT LIMITED TO: SCRAPES, BRUISES, MUSCLE TENSION AND SORENESS, CUTS, AND SUNBURN. SERIOUS INJURIES ARE LESS COMMON, BUT CAN OCCUR. THEY INCLUDE BUT ARE NOT LIMITED TO PROPERTY LOSS OR DAMAGE, BROKEN BONES, AND CONCUSSIONS. CATASTROPHIC INJURIES ARE RARE; HOWEVER, OUR PARTICIPANTS SHOULD BE AWARE THAT THEY COULD OCCUR. THESE INJURIES CAN INCLUDE, BUT ARE NOT LIMITED TO, PERMANENT DISABILITIES, SPINAL INJURIES, HEART ATTACK, HEART FAILURE, AND EVEN DEATH.