MAX TESTA TRAINING LLC RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I desire to participate in outdoor bicycle rides with oversight and training supervision by MAX TESTA TRAINING LLC. I sign this document in consideration of being allowed to participate in such rides. In connection with such rides, my participation may include, but will not be limited to the following: bicycle training rides and training instruction, riding in support vehicles and transportation to and from rides, transporting, loading and unloading equipment including bicycles, maintenance of equipment including bicycles, and all other ancillary related (directly or indirectly) or associated activities (“Activities”). I am over the age of 18 years and am competent and able to validly contract for myself.
I understand that there is an element of risk in any physical conditioning program and that when engaging in any strenuous activity, I may suffer minor or serious injury, or even death. Riding bicycles also includes risks of injury or property damage to myself or other persons resulting from, by way of illustration and not limitation, the following: excessive speed; falling; falling on uneven terrain; falling as a result of being airborne; collisions with other cyclists, pedestrians, fixed or moving objects; negligence or inexperience of other cyclists or any other persons; equipment failure or inadequate safety equipment; uneven roads or changing road conditions, weather conditions; injuries or damage caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, and actions of other people. I acknowledge these inherent risks. I agree to follow the conditioning program and the instructions given to me to prevent injuries. I understand that I am responsible for monitoring my own condition while riding a bicycle and that, should any negative symptoms or pain occur, I will cease my participation and inform the instructor or my doctor. I also understand that I am responsible for my own health and safety while riding a bicycle and that I am also responsible for injury or property damage suffered by any 3rd parties as a result of my participation in the Activities. I have had the opportunity to ask questions, and have received satisfactory answers to all my questions, and state that I am in excellent health and physical condition and that I am not taking any medication or suffering from any condition that would prevent me from safely engaging in strenuous physical exercise or that would make such participation potentially dangerous or harmful for me or others.
I understand that Max Testa Training is not liable for mechanical failures of any type on bicycles owned by me or other parties. Mechanical assistance of any kind offered by Max Testa Training on bicycles owned by me or other parties is not under any warranty and Max Testa Training cannot be held liable for any subsequent mechanical failures.
In addition, I hereby irrevocably consent to the use of my photograph by Max Testa Training and others it may authorize, for editorial or promotional purposes in any and all media now in existence or hereafter developed. I hereby release Max Testa Training from any and all claims arising out of or in connection with said photographs.
CANCELLATIONS AND REFUNDS: To maintain the price structure of our trips, we must adhere to our cancellation policy. Please do not ask us to make exceptions.
In the event that we cancel your trip: Max Testa Training reserves the right to cancel any trip. You will be entitled to: (a) book any other available trip; or (b) receive a full refund of all monies paid. Max Testa Training will not be liable for any flight or insurance costs you have incurred (it is for this reason that we recommend you delay booking flights and arranging insurance until your trip is confirmed).
We reserve the right to cancel your spot if we have not received your balance payment within one week of your balance due date.
We reserve the right to cancel the trip if the minimum quantity has not registered up to 60 days before the trip starts. We will not be responsible for any flight costs and therefore will not reimburse any flight costs in case of cancellation or otherwise. Trip insurance is required.
Insurance: You must have adequate travel insurance. It is your responsibility to ensure that the insurance fully covers all of your personal requirements including cancellation charges, medical expenses and repatriation in the event of an accident or illness. Your insurance must also cover you for cycling activities and the associated risks as well as your baggage and cycling equipment. If you choose to travel without adequate insurance cover, we will not be liable for any losses arising in respect of which insurance cover would otherwise have been available.
Please purchase travel insurance that covers an unforeseen trip cancellation or misadventure to you or your luggage while in Italy.
Example Trip Insurance Companies
If you wish to cancel your trip: Should you wish to cancel your booking, you must give us notice of this by calling Julie Testa at 1-435-602-2872. Once we receive your cancellation notice we will follow up with an email confirming your cancellation. Your cancellation will take effect from the date that you receive our email confirming your cancellation. In the event that you cancel your trip, the following cancellation charges will apply (the charges are expressed as a percentage of your total trip price):
- 91 days or more prior to trip start date – full refund of the monies paid
- between 90 and 61 days prior to trip start date – 25% of the monies paid
- between 60 and 31 days prior to trip start date – 50% of the monies paid
- between 30 and 0 days prior to trip start date – 100% of the monies paid
Knowing these risks, I fully ASSUME ALL RISK OF ILLNESS, INJURY OR DEATH, AND DAMAGE TO PROPERTY arising from or connected in any way with my participation in any of the Activities with MAX TESTA TRAINING LLC, and release and agree to hold harmless MAX TESTA TRAINING LLC, its agents, instructors, associates, and suppliers from all action, claims, or demands for damages or expenses resulting from such participation, including those resulting from the negligence of MAX TESTA TRAINING LLC, its agents or employees.
I further agree to INDEMNIFY AND HOLD MAX TESTA TRAINING LLC, its manager, members, officers, employees and agents HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, resulting from my involvement in the Activities and to reimburse MAX TESTA TRAINING LLC for any such expenses incurred. THIS INDEMNITY AND HOLD HARMLESS SPECIFICALLY INCLUDES ANY AND ALL CLAIMS, EVEN IF THE NEGLIGENCE OF MAX TESTA TRAINING LLC, its manager, members, officers, employees or agents also contributes to the injuries or property damage.
MY SIGNATURE BELOW CONSTITUTES ACKNOWLEDGMENT THAT I HAVE CAREFULLY READ AND UNDERSTAND THIS AGREEMENT, THAT I SIGN IT OF MY OWN FREE WILL, AND INTEND IT TO CONSTITUTE A LIABILITY RELEASE AND INDEMNITY AGREEMENT AND A LEGALLY BINDING CONTRACT BETWEEN ME AND MAX TESTA TRAINING LLC FOR THE PURPOSE OF PROVIDING MAX TESTA TRAINING, LLC A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I acknowledge that the obligations stated herein are binding upon myself, my heirs, executors, and successors.