Certificate of Participation
In consideration of the registration of my minor child (“Participant”) to bicycle in a Bicycle Club of Geerz R.A 580560753 (“Geerz”) event or Participant’s participation in any event, class or daily ride, I hereby agree and acknowledge the following, which includes a release of liability, which will apply to all of Participant’s participation in all Geerz events (including, without limitation, one or more bike-a-thons), classes and daily rides 1. I am aware that with any bicycle related activity there are certain inherent dangers, including but not limited to the hazards of roads, off road terrain, accidents, actions of participants and other persons. By Participant’s participation in any Event, I certify that I am aware of these inherent dangers of bicycle riding and the safety rules of the road applicable to bicycles. 2. I have discussed with and told Participant to:
a. obey all directions of the Geerz staff and personnel in charge of the Event. b. comply with all safety instructions. c. refrain from horseplay and other unsafe practices. d. notify a Geerz staff member immediately in the case of an emergency or if he/she feels unwell. e. ask a Geerz staff member to explain any instructions that he/she does not understand. In the case of an accident or illness, I authorize Geerz to provide medical treatment for my child even if I cannot be contacted immediately and I consent to the administration of any and all medical procedures deemed necessary by the attending authorities. I understand that Geerz and its staff, and volunteers assume no financial obligations or liability for the immediate medical treatment that they provide to for my child. 3. I understand that bicycle helmets are required to participate in all riding events and I agree that Participant must and will be forced to wear a helmet while participating in any such Event and follow the rules of the road and all applicable laws and safe bicycling practices. 4. I hereby represent and warrant that Participant is medically fit to participate in Events and I will immediately notify Nachum Wasosky or any another Geerz supervisor in writing if such changes. In accordance with the above, I declare that the participant does not suffer from heart disease, chronic chest pain, balance problems, asthma or shortness of breath, sensitivity related to the back or any other chronic illness. 5. I hereby consent to emergency medical treatment for Participant if Participant is injured or feels unwell while participating in an Event and I accept full responsibility for all medical expenses incurred in connection therewith or as a result of Participant’s participation in any Event, generally. 6. I understand that it is not the function of the ride leaders (if an Event has ride leaders) to serve as guardians of Participant’s safety. I recognize that the route(s) chosen may be challenging and may have natural obstacles or potential dangers, and that weather, road or traffic conditions may make a ride more difficult. Geerz reserves the right to remove any rider who is deemed to be endangering himself or others or is riding illegally as defined by Israeli law or as reasonably determined by a ride leader. 7. I grant Geerz or any entity on behalf of Girez permission, without demand for payment or consideration, to take photos, in private compounds and public spaces, and use photos in which the participant appears. The use can be made for any purpose, including marketing purposes. 8. I understand and acknowledge that Geerz uses its best efforts to ensure the safety of Participant at Events. From time to time, Geerz may instruct Participant how to ride safely on the road for when the sidewalk is not an option (Geerz believes that by teaching Participant the rules and laws of the road, and road etiquette, Geerz will be empowering Participant with the ability to make important decisions both on his/her bike as well as off). I hereby give permission for Participant to take road riding lessons with his/her Geerz instructor, which may include:
a. biking (along with his/her group) on the road in order to arrive at an off-road location for that day’s ride. b. training in relation to properly ride on the road as an individual as well as in a group setting (single file, no passing, etc). c. increased risk in relation to danger that the road injury may occur. 9.
My signature confirms that before my children started mountain biking activity, they received basic explanations about the activity itself, the rules of conduct, how to use the bicycle and rules for using the paths and the cycling routes. I know that during the activity, my children will receive training, explanations, and practical instructions regarding the above. We were also explained about all the risks arising from this activity. Being aware of all of these risks, and having been given the opportunity to ask any questions, I voluntarily assume these risks and choose to allow my children to participate in this bike riding activity.
I hereby release Geerz, its directors, employees, instructors and assistant instructors on its behalf (hereinafter: "the Amuta") from any responsibility, liability for damage (to the body or property), of any kind and type, that may be caused to the children participating in the Amuta's activities, except damages caused as a result of criminal negligence of any of the Amuta's employees.
10. I acknowledge that:
a. Geerz has informed me that as a parent or guardian, I am encouraged to ask Geerz about any concerns that I might have at any time about Participant’s wellbeing, participation or safety. b. the decision to allow Participant to participate in Geerz is exclusively mine. 11. This Waiver & Release is intended to be binding upon Participant, me, my family, my heirs, my estate, my legal representatives and assigns. Any legal action that may arise from Participant’s participation in any Event will be brought in front of an arbitration agreed by both parties and I hereby waive any right to bring any action or claim in any court or other forum other than the Agreed Forum. I understand that the terms of this document are contractual and not a mere recital and I have signed this document as my own free act. 12. Geerz will not be responsible for any delay, interruption or other failure to perform, and may cancel any event in the case of a circumstance beyond its reasonable control. Such circumstances include, but are not limited to, an Act of G-d (for example, flood, earthquake, volcanic eruption, etc), war, riot or other civil disturbance, fire, epidemic, explosion, terrorist activity, sabotage, compliance with government requests, orders, or regulations, inability to deploy necessary equipment or volunteers, roadway or trail closures or construction, dangerous or impassable roadway or trail conditions, or any other cause beyond the reasonable control of Geerz. The executive director and the board of Geerz will be the sole decision makers as to what, if any, refund or other accommodation will be made in the event of cancellation of an Event. 13. This Waiver and Release shall be in effect perpetually from the date hereof for any and all Events, with no need for renewal or re-signing, unless I provide written notification to Geerz of its cancellation. 14. I am of lawful age, a parent or legal guardian of Participant authorized to sign this Waiver & Release and legally competent to sign this Waiver & Release. I have read and fully understand the terms of this document and that they are contractual and not a mere recital and I have signed this document as my own free act and agree with its terms. 15. I understand and accept Geerz's refund and reimbursement policy:
a. Within the first half of the riding season, if the participant wants to stop, a refund for the subsidized cost of the remaining rides will be returned. If the registration fee was waived, then it will be deducted from the amount to be reimbursed. b. After the midway point, refunds for the remaining rides will be given out only under extenuating circumstances. This includes, but is not limited to, injury or family turmoil. Geerz holds the right to decide if the circumstances warrant a refund. If the registration fee was waived, then it will be deducted from the amount to be reimbursed. Geerz does its best to hold 30 rides per season.
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