Waiver and Release TOUR PARTICIPANT OR VOLUNTEER ASSUMPTION OF RISK, ACCIDENT WAIVER, RELEASE OF LIABILITY AND COVENANT NOT TO SUE (the “Event”), YELLOW BIKE TOURS, LLC (“YBT”) I, , a tour participant or volunteer, acknowledge that my Yellow Bike Tours (YBT) bicycle tour (the “Tour”) including the above-referenced Event and YBT’s related tour participant, bicycle and luggage transportation services, is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, vehicular break-down or failure, my actions, actions of other people including, but not limited to, participants, volunteers, spectators, event officials, Event staff, Event holders, Event monitors, sponsors and/or producers of the Event, and lack of hydration. These risks are not only inherent to athletics including but not limited to cycling, but are also present for volunteers. I hereby assume all of the risks of participating and/or volunteering in this event. I realize that liability may arise from negligence, gross negligence, recklessness, carelessness, action, inaction or otherwise on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability with or without fault. I certify that I am physically fit, have sufficiently trained for participation in the Event or to volunteer in the Tour and have not been advised otherwise by a qualified medical person. I acknowledge that this Assumption of Risk, Accident Waiver, Release of Liability and Covenant Not to Sue form will be used by YBT and the Event holders, sponsors and organizers, in which I may participate and that it will govern my actions and responsibilities at said Event and Tour. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) I Waive, Release and Discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: YELLOW BIKE TOURS, LLC (a North Carolina limited liability corporation), Samuel B. Casey III, Samuel B. Casey IV, Heidi Drummond Casey and their respective members, partners, joint venturers, family members, directors, officers, employees, volunteers, representatives, agents, the Event holders, Event sponsors, Event or Tour volunteers and Event producers; (B) I Indemnify and Hold Harmless the entities or persons set forth above in this paragraph from any and all liabilities or claims made as a result of participation in this event, whether caused by the negligence, gross negligence, recklessness, carelessness, action, inaction or otherwise and (C) I Covenant Not to Sue the entities or persons set forth above in this paragraph from any liabilities arising by their respective negligence, gross negligence, recklessness, carelessness, action, inaction or otherwise. I hereby consent to receive medical treatment that may be deemed advisable by any of the persons or entities set forth in the above paragraph in case of injury, accident, and/or illness during this event. I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video or film, likeness to be used for any legitimate purpose including without limitation advertising by the event holders, producers, sponsors, organizers and assigns. This Assumption of Risk, Accident Waiver, Release of Liability and Covenant Not to Sue shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. *Birth Date *Email Address *Phone Number *Street Address *City *State *Zip Code *How did you hear about us? *Emergency Contact Name *Emergency Contact Phone YBT Tour Cancellation Policy Of course, we hope that everyone who registers for the YBT Tour will be able to participate. However, we understand that life happens and sometimes even the best plans have to be changed. We also recognize that producing an event like the YBT Tour requires a lot of pre-planning and advance commitments to caterers, hotels, and other suppliers. Therefore, we have attempted to develop a cancellation policy that balances the risks for our riders and our business. We strongly encourage all of our riders to purchase travel insurance through our travel insurance partner Travelex or other travel insurance providers. A modest investment in travel insurance can ease the disappointment and financial hardship if your circumstances change. Cancellations More Than 90 Days Prior to Your Scheduled Tour Submit a written cancellation (email is fine) more than 90 days prior to your scheduled tour for a refund minus a $100 cancellation fee for rider registration, lodging and meals. Cancellations Less Than 90 Days But More Than 30 days Prior to Your Scheduled Tour. Submit a written cancellation (email is fine) less than 90 days but more than 30 days prior to your tour for a refund minus a $250 cancellation fee for rider registration, lodging and meals. Cancellations Less Than 30 Days Prior to Your Scheduled Tour No refunds are available for cancellations less than 30 days prior to your tour unless we are able to fill your reserved space with another participant. If we can fill your reserved space, the 30 to 90 day cancellation policy ($250.00 fee) shall apply. Sorry, no exceptions! Credits for future events are not offered. Transfers and Openings No transfers will be accepted. A waiting list will be initiated when the registration for the YBT Tour reaches capacity. If a spot opens up because of cancellations, individuals will be offered a chance to register in the order in which they signed up on the waiting list. Submitting Further Information or Cancellations Please submit further information or cancellation requests to firstname.lastname@example.org or send a letter to: Yellow Bike Tours 2943 Butter Churn Lane Matthews, NC 28205 Telephone: (704) 962-1777 I hereby certify that I have read this document; and, I understand it’s content and have executed it under seal. I understand and agree to the waiver and release* All refunds will be processed through the credit card you used when registering. PARENT OR GUARDIAN WAIVER FOR MINORS (Under 18 years old) The undersigned parent and legal guardian does hereby represent and warrant that he/she is, in fact, acting in such capacity and agrees to covenant not to sue and to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian. Signature of registrant over 18 years of age or parent/legal guardian of minor under 18 years of age or legal guardian of incapacitated and/or mentally challenged person* Signature (fill in your signature using the box below) I understand and agree to the cancellation policy*. Stay current with YBT rides, events, and news.