Biketoberfest!

Waiver & Release — MUST READ Before Registering

ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND CONSENT TO EMERGENCY MEDICAL TREATMENT

You must agree to these terms before participating in the Biktoberfest event (hereafter “Event”). You accept this agreement by clicking a checkbox. If you are under age 18, your parent or guardian must agree too, and agree to the Addendum for minor participants.

Read this agreement in full; it affects your legal rights. You are agreeing to assume risks, that could result in death or serious injury; to waive all claims against Heliotrope Brewery and others; to indemnify Heliotrope Brewery and others; and to consent to emergency medical treatment.

1. ASSUMPTION OF RISK. I understand that bicycling has risks that could result in serious injury or death. These risks include falling, colliding with vehicles and other cyclists, encountering road hazards like potholes and cracks, crossing train tracks, and being chased by animals, as well as bicycle failures and malfunctions. I freely and voluntarily ACCEPT ALL RISKS of injury, death, or property damage relating to my participation in an Event—even those risks that were caused or contributed to by the negligence of Heliotrope Brewery, the organizers or sponsors of an Event, volunteers, or other third parties.
2. WAIVER OF LIABILITY. I hereby RELEASE Heliotrope Brewery, the owners, sponsors and organizers of the Event, and the states, counties, and municipalities through which an Event route passes—and their respective affiliates, departments, owners, officers, employees, volunteers, agents, successors, and assigns—from all claims, liabilities, and injuries arising from or relating to my participation in any Event. This waiver includes negligence by any released entity or individual but does not extend to gross negligence, recklessness, intentional misconduct, or any other liability that Virginia law does not permit to be excluded by agreement.I understand that I am responsible for my own conduct and decisions while participating in an Event and further agree that this release applies to any claim arising from or relating to my participation in non-bicycling activities during an Event.
3. INDEMNITY. I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS Heliotrope Brewery, the owners, the sponsors and organizers of the Event, and the states, counties, and municipalities through which an Event route passes—and their respective affiliates, departments, owners, officers, employees, volunteers, agents, successors, and assigns—against all claims and all losses and expenses that arise from or relate to my participation in any Event. This indemnity obligation applies to claims of negligence by the indemnitee and includes defense costs like attorneys’ fees. It does not apply to the extent the claim, loss, or expense was caused by the gross negligence, recklessness, or intentional misconduct of an indemnified party.
4. Consent to Emergency Medical Treatment. I consent to all emergency medical treatment that is deemed necessary by first responders and health care providers, until such time that I—or a guardian or person legally authorized to decide for me—can make medical decisions. I agree that I am responsible for all costs of treatment.
5. My Responsibility for Safety. I understand that it is not the function of Event organizers or ride leaders to serve as guardians of my safety. I recognize that the routes chosen may be challenging, not necessarily the safest or easiest routes, and that weather, road, or traffic conditions may make a ride more difficult or risky. Notwithstanding this clause, Heliotrope Brewery is not responsible for cyclists not being removed from the Event for any of these reasons.
6. Representations and Warranties. I represent and warrant that I am in proper physical condition to participate in this event, that I am a sufficiently competent cyclist to handle all road and traffic conditions, and that my bicycle is in safe operating condition.
7. I also represent and warrant that I am age 18 or older. (If you are not age 18 or older, your parent or guardian must agree to the Addendum to Waiver and Release for Minor Participants.)
8. Helmet Required. I understand that wearing a helmet that meets the CPSC, SNELL, ASTM, or ANSI bicycle safety standards can reduce head injuries in a cycling crash and that Heliotrope Brewery requires all riders to wear helmets. I agree to wear such a helmet while participating in any Event.
9. Rules of the Road and other Safety Rules. I agree to follow all Event rules, traffic laws, route markers, rules of the road, instructions of event organizers and local authorities, and proper and safe bicycling etiquette at all times. I understand that I may be removed from the Event for failure to do so, and will not be entitled to a refund.
10. Binding Agreement. This Agreement is intended to be binding on me, my family, my heirs, my estate, my legal representatives, and my assigns.
11. Disputes and Governing Law. This Agreement is governed by Virginia law. Any dispute arising from this Agreement or my participation in an Event shall be brought only in the courts of Rockbridge County, VA, or the U.S. District Court for the Western District of Virginia, and I agree to the jurisdiction and venue of those courts for any such dispute.
12. Permission to Use My Likeness. I permit Heliotrope Brewery to use my image without payment in any future Heliotrope Brewery materials should it appear in photos, video, or other recordings taken during an Event.
13. Lost Property. I understand that Heliotrope Brewery and its owners, sponsors, officers, employees, volunteers, and agents are not responsible for any lost, stolen, or damaged bicycles, bike components, luggage, or other personal property.
14. Cancellation or Interruption of Events. I agree that Heliotrope Brewery will not be responsible for any delay, interruption, or other failure to perform, and may cancel any Event for any circumstance beyond its reasonable control. Such circumstances include, by way of example, severe weather, volcanic eruption, earthquake, civil disturbance, forest or other fire, poor air quality, epidemic, terrorist threats, compliance with government requests, inability to deploy necessary equipment or volunteers, roadway or trail closures or construction, and dangerous or impassable roadway or trail conditions.I understand and agree that Heliotrope Brewery, at its sole discretion, has the right to cancel or reroute all or any part of a Heliotrope Brewery Event due to the occurrence of any force majeure event or credible threat thereof, including but not limited to any unhealthy air quality, fire, earthquake, extreme temperatures, volcano eruption, acts of civil or military authority, casualty, flood, war, terrorist attack, epidemic, insurrection, civil unrest, strikes or other labor activities or any other similar cause beyond the reasonable control of Heliotrope Brewery, including environmental conditions that might threaten the health and safety of Event participants, volunteers, or staff. I understand and agree that costs will not be refunded by Heliotrope Brewery if all or any portion of a Heliotrope Brewery Event is cancelled or rerouted due to a force majeure event. I will release and hold Heliotrope Brewery harmless for any costs or damages incurred as result of cancellation or rerouting of a Heliotrope Brewery Event due to a force majeure event.
15. Severability. I agree that, if any clause or provision of this Agreement is held unenforceable, the remainder of the Agreement shall be enforced.

I understand that by registering I am accepting and agreeing to the terms above, and that these terms include an indemnity, an assumption of risk, and a release of liability and waiver of legal rights that deprive me of the right to sue certain parties. I acknowledge that I have read and understood these terms and accept the inherent dangers and risks which may or may not be readily foreseeable, including personal injury, property damage or death that arise from participation in any Event.

Bike Safety Information — MUST READ Before Registering

User assumes all risk and liability for any action in relations to usage of information and routes on transvirginia.org, including if actions result in injury, death, loss or damage of personal property or other complications. Village to Village Press, LLC, its partners, associates, and contributors accept no liability. Route information and advice is provided as a planning resource only, and is not guaranteed to be accurate or complete, and in no way should replace your own due diligence, research, and safety precautions. All users are advised to check current conditions before embarking on any route, including weather, surface conditions and closures. Riders should obey all laws including public and private land usage restrictions and guidelines and carry adequate safety and navigational equipment.

Participating in this bike ride means that you agree to follow the bike safety rules set out by the National Safety Council.