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T2 - Waiver

T2 Triathlon & Cycling

Release and Waiver of Liability for Group Bicycle Ride

THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT (the "Agreement") is made and entered into as of March 12, 2026, by and between (the "Participant") and DAMOSM, LLC dba T2 Triathlon & Cycling (hereinafter "Sponsor" or "Bicycle Shop").

WHEREAS, the Sponsor/Bicycle Shop is organizing a group bicycle ride (the "Activity") to take place off-site, and

WHEREAS, the Participant desires to voluntarily participate in the Activity, which Participant acknowledges is a recreational and sporting activity that does not involve a service of great importance to the public, is not a necessity of practical life, and is not subject to unequal bargaining power between the parties;

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:

Summary of Key Terms (Plain Language):

Scope: This Agreement/Waiver is expressly intended to govern all group activities offered by Sponsor/Bicycle Shop.
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 ordinary negligence of Sponsor and/or its agents or representatives.
Release from Liability: You agree not to hold the Bicycle Shop or its representatives responsible for injuries or damage caused by their ordinary negligence. This release does not cover gross negligence, willful misconduct, intentional acts, fraud, or violation of any statutory duty or obligation imposed by law.
Indemnification: You agree to cover any costs related to claims brought against the Bicycle Shop arising out of your participation in the activity.
Governing Law: This waiver is governed by the laws of CALIFORNIA. Any disputes will be handled in Los Angeles County, CA.
Limitation on Liability: This is a separate agreement to limit the amount of money you can recover from Sponsor/Bicycle Shop in the event that it is determined that you may pursue a claim.

Detailed Agreement:

I. 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 Cal. Veh. Code § 312.5;;

(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: Gross negligence; willful or wanton misconduct; intentional acts or omissions; fraud or intentional misrepresentation; violation of any statutory duty or obligation imposed by law; or any other conduct that cannot lawfully be released under California Civil Code § 1668.

II. Assumption of Risk:

PRIMARY ASSUMPTION OF RISK. Participant acknowledges that group bicycling is a recreational sporting activity with inherent risks that cannot be eliminated without fundamentally altering the nature of the activity. Under the doctrine of primary assumption of risk, the Shop has no duty to eliminate risks that are inherent in the sport of cycling. Participant understands that by choosing to participate, Participant assumes those inherent risks.

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. In addition to and separate from the primary assumption of risk, 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, seat posts, 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 ordinary 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 ordinary negligence of Released Parties, and assumes full responsibility for Participant’s participation in Activities.

III. Unequivocal Release of All Liability and/or Claims Against Sponsor/Bike Shop:

The Participant releases, waives, discharges, and covenants not to sue Sponsor/Bike Shop (as defined above), its owners, officers, directors, employees, agents, representatives, volunteers, ride leaders, 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 reasonably related to the Participant’s participation in the Activity, including, but not limited to, claims for personal injury, property damage, or wrongful death, to the extent caused by the ordinary negligence of the Released Parties.

IV. 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 that is caused by the ordinary negligence of the Released Parties. This covenant does not apply to claims arising from gross negligence, willful misconduct, intentional acts, fraud, or violation of any statutory duty or obligation imposed by law.

V. 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 reasonable 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, to the extent such claims arise from the Participant’s own conduct or from risks voluntarily assumed under this Agreement.

VI. Term and Termination of Agreement

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: bryan@t2triathlon.com

VII. Limitation on 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 based on ordinary negligence 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 theories of recovery based on ordinary negligence, breach of warranty, and any other theory except gross negligence, willful misconduct, intentional acts, fraud, or violation of any statutory duty or obligation imposed by law.

VIII. Severability:

If any provision or portion of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions and portions shall continue in full force and effect. The parties intend that each provision of this Agreement be independently enforceable, so that the invalidity of any single provision does not affect the enforceability of any other provision.

IX. Governing Law and Venue:

This Agreement shall be governed by and construed in accordance with the laws of the State of California, including but not limited to California Civil Code § 1668, without regard to its conflict of laws principles. Any disputes arising under or in connection with this Agreement shall be resolved exclusively in the courts located in Los Angeles County, California.

X. 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.

Acknowledgment of Understanding:

I acknowledge that I have fully read and understand the terms of this Agreement, including the risks associated with participation and the legal rights being waived. I understand that by signing this Agreement, I am waiving my right to bring claims against the Released Parties for injuries caused by their ordinary negligence. I understand that this Agreement does not waive any rights I may have for injuries caused by gross negligence, willful misconduct, intentional acts, fraud, or violation of any statutory duty or obligation imposed by law. I am signing this Agreement freely and voluntarily and intend my signature to be a complete and unconditional release of liability for ordinary negligence to the greatest extent allowed by California law.

**Participant Information:**

**Emergency Contact**

**Emergency Contact Phone Number:**

Important Notice to Participants:

By signing this document, you are waiving certain legal rights, including the right to sue the Released Parties for ordinary negligence. Please read this document carefully and make sure you understand its contents before signing.

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Timestamp

Audit

February 25, 2026 12:33 pm PDT

T2 - Waiver Uploaded by Steve Rosen - steve@cyclinglaw.com IP 63.65.195.67

February 25, 2026 3:13 pm PDT

T2 Triathlon - bryan@t2triathlon.com added by Steve Rosen - steve@cyclinglaw.com as a CC'd Recipient Ip: 184.177.20.155

February 27, 2026 9:16 am PDT

T2 Triathlon - bryan@t2triathlon.com added by Steve Rosen - steve@cyclinglaw.com as a CC'd Recipient Ip: 63.65.195.67