WHEREAS, Kokopelli Bike and Board (hereinafter, collectively referred to as "Sponsor/Bicycle Shop") is organizing a group bicycle ride (the "Activity") to take place off-site, and

WHEREAS the Participant desires to participate in the Activity;

NOW, THEREFORE, in consideration of being permitted to participate in the Activity, the Participant, for themselves, their heirs, executors, administrators, successors, and assigns, hereby agree as follows:

1. Scope: This Agreement/Waiver is expressly intended to govern all group activities offered by Sponsor/Bicycle Shop.

2. Assumption of Risk: Participating in a group bicycling activity involves risks. By signing this waiver, you acknowledge these risks and agree to assume them. These risks, as exemplified below, expressly include the potential negligence of Sponsor and/or it's agents or representatives.

3. Release from Liability: You agree not to hold the Bicycle Shop or its representatives responsible for injuries or damage caused by their negligence, unless caused by their gross negligence or intentional misconduct.

4. Indemnification: You agree to cover any costs related to claims brought against the Bicycle Shop arising out of your participation in the activity.

5. Governing Law: This waiver is governed by the laws of Colorado. Any disputes will be handled in Montezuma County, CO.

Scope: This Agreement/Waiver is expressly intended to govern all group activities offered by Sponsor/Bicycle Shop. These expressly include, but are not limited to:

(a) Participation in Shop-organized or Shop-sponsored group rides, training rides, social rides, competitive events, clinics, skills sessions, maintenance workshops, fitting sessions, or any other events or activities, whether conducted on or off Shop premises;

(b) Bicycle and equipment rental, including rental of bicycles, e-bikes, helmets, cycling shoes, tools, trainers, and any other equipment;

(c) E-bike (electric bicycle) sales, service, demonstrations, test rides, and charging, including all Class 1, Class 2, and Class 3 electric bicycles as defined by C.R.S. § 42-1-102;

(d) Any other activity, service, or use of premises conducted on, through, at, or in connection with Shop, whether or not specifically enumerated above.

THIS AGREEMENT DOES NOT COVER: Willful or wanton negligence; gross negligence; intentional misconduct; fraud or intentional misrepresentation; or any other conduct that is willful or wanton within the meaning of Colorado Law.

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. Participant understands and acknowledges that bicycling, e-biking, and related Activities involve inherent and other risks of serious bodily injury, permanent disability, paralysis, and death that cannot be eliminated regardless of the care taken by Released Parties. These risks include but are not limited to:

(a) Collision with motor vehicles, other cyclists, pedestrians, animals, or fixed objects including signs, poles, barriers, curbs, and parked vehicles;

(b) Falls caused by road or trail surface hazards including potholes, cracks, gravel, sand, debris, wet or uneven surfaces, railroad crossings, drainage grates, manhole covers, construction zones, expansion joints, painted road markings, and ice or snow;

(c) Mechanical failure of any bicycle component, including frames, forks, wheels, tires, tubes, brakes, brake pads, cables, chains, derailleurs, shifters, handlebars, stems, seatposts, saddles, pedals, headsets, bottom brackets, spokes, hubs, quick-release mechanisms, thru-axles, and accessories, whether or not such components have been sold, installed, repaired, assembled, adjusted, or serviced by Shop;

(d) Equipment failure or malfunction resulting from repair, assembly, adjustment, fitting, or modification performed by Shop, including incorrect torque specifications, improper component compatibility, or undetected defects;

(e) E-bike-specific risks including higher operating speeds, increased vehicle weight, battery malfunction or thermal events, throttle malfunction, pedal-assist calibration errors, and regenerative braking system behavior;

(f) Injuries from altitude, weather conditions (including sun, heat, cold, wind, rain, hail, lightning, fog, and reduced visibility), or physical exertion beyond Participant’s capacity;

(g) Acts of other persons, including other participants, motorists, and third parties; and

(h) The NEGLIGENT acts or omissions of Released Parties, their employees, agents, or contractors.

Participant VOLUNTARILY ASSUMES ALL SUCH RISKS, both known and unknown, including but not limited to risks arising from the NEGLIGENCE of Released Parties, and assumes full responsibility for Participant’s participation in Activities.

The Participant releases, waives, discharges, and covenants not to sue the Sponsor/Bicycle Shop, its officers, directors, employees, agents, representatives, volunteers, affiliates, and all other persons or entities acting on its behalf (collectively, the "Released Parties") from any and all claims, demands, causes of action, liability, damages, costs, or expenses, of any kind or nature whatsoever, arising out of or in connection with the Participant's participation in the Activity, including, but not limited to, claims for personal injury, property damage, or wrongful death, whether caused by ordinary negligence of the Released Parties or otherwise.

Covenant Not to Sue:

The Participant agrees not to initiate any lawsuit, claim, or proceeding against the Released Parties for any injury, damage, or loss incurred as a result of participation in the Activity, except for claims arising from gross negligence or willful misconduct of the Released Parties.

Indemnification:

The Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, liabilities, damages, costs, and expenses (including attorneys' fees) arising out of or in connection with the Participant's involvement in the Activity, including without limitation claims made by other participants or third parties.

The Participant expressly intends for this Agreement to apply to all Group Ride Activities organized by Sponsor/Bike Shop. Participant further acknowledges that participation in Sponsor/Bike Shop's Activity requires a waiver from each participant. For the sake of ease, Participant intends for this Agreement to remain in full force and effect, waiving all claims outlined above, for all Activities organized or otherwise participated in by Sponsor/Bike Shop, until such Agreement is withdrawn or otherwise terminated by Participant (as noted below).

This Agreement can be terminated at any time by Written Notice provided to Sponsor/Bike Shop at the following address: pete@kokopellibike.com

Limitation of Liability:

SEPARATE AND APART from the provisions above, and AS AN INDEPENDENT CONTRACTUAL PROVISION that shall survive even if any other provision of this Agreement is found invalid or unenforceable, Participant agrees that the total aggregate liability of Released Parties for any and all claims arising from or related to Activities shall not exceed TWO TIMES (2x) the total amount paid by Participant to Shop for the specific service or product giving rise to the claim, or Five Hundred Dollars ($500.00), whichever is greater. This limitation applies to all theories of recovery, including negligence, strict liability, breach of warranty, and any other theory.

Severability:

If any provision or portion of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions and portions shall continue in full force and effect.

Governing Law and Venue:

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any disputes arising under or in connection with this Agreement shall be resolved exclusively in the state and federal courts located in Montezuma County, CO.

Entire Agreement; Modification; Binding Effect:

This Agreement constitutes the entire agreement between the Participant and the Sponsor/Bicycle Shop with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, statements, or agreements, whether oral or written, regarding the subject matter. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns.

The Participant acknowledges that they have fully read and understand the terms of this Agreement, including the risks associated with participation, and the legal rights being waived. The Participant further acknowledges that they are signing this Agreement freely and voluntarily and intend their signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.