Below you'll find the terms all guests (=each participating family member) must agree to before borrowing any gear from us: bikes, kayaks, etc. Currently the use of bicycles and kayaks is only available at Koi Story Cabin, not at any other of our properties.
In consideration of the use of Pike Hospitality Group's bicycles, kayaks and related equipment, I hereby agree to release and discharge Pike Group LLC, a Washington company, DBA Pike Hospitality Group, and their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Pike Group"), on behalf of myself, my children, any minors accompanying me, my parents, and our heirs, assigns, personal representative(s) and estate(s) as follows:
1. I acknowledge that the activities involved in the use of bicycles and kayaking entails significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. Such risks include, among others, Equipment failure, impacts with the ground/water and other objects, and negligence of the people that maintain the bicycles/kayaks and related Equipment as well as the trails and pathways on which I choose to ride. “Equipment” means all equipment and accessories provided by Pike Group to me, including, but not limited to, any type of bike, kayak, helmets, life vests, locks, baskets, etc.
2. I expressly agree and promise to accept and assume all of the risks existing in bicycling/kayaking, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of Pike Group or others. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Pike Group from any and all claims, demands, or causes of action, which are in any way connected with my participation in bicycling/kayaking or my use of Pike Group's Equipment, services, or facilities, including any such claims which allege negligent acts or omissions of Pike Group.
4. TO THE EXTENT PERMITTED BY APPLICABLE LAW, I AGREE THAT ALL OF PIKE GROUP'S EQUIPMENT AND SERVICES ARE PROVIDED TO ME “AS IS” WITHOUT WARRANTY OF ANY KIND. PIKE GROUP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ITS EQUIPMENT AND ALL SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND PERFORMANCE.
5. Should Pike Group or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
7. I agree to abide by the rules of any facility I may bike/kayak at. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Pike Group on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
