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INTRODUCTION
Your motorcycle tour
in will cover a tremendous variety of riding
conditions including twisty hilly roads, the
possibility of gravel roads and sand or debris on
the pavement, and even the possibility of rain or
fog while on your tour. Riding a motorcycle exposes
you to temperatures extremes that vary widely. It's
important that you, the tour participant(s) are in
reasonable physical health and accustomed to
spending up to 200-350 miles in a day aboard a
motorcycle.
WAIVER & RELEASE
AGREEMENT
First and foremost, I
understand that operating a motorcycle is an
activity that precludes and contains considerable
risk of serious personal injury, paralysis,
dismemberment, property damage or loss or death. I
hereby knowingly and freely accept risks of all
personal injury, property damage arising from my
participation in a Comanche Motorcycle Tour and I
hereby agree, that I, my dependents, heirs,
successors, executors and assigns do release and
hold harmless against, and indemnify Comanche
Motorcycle Tours, its owners, employees, and agents
from any and all claims, including claims of death,
bodily injury, illness, property damage or loss,
however cause, arising from or related to a Comanche
Motorcycle Tour even if arising from the negligence
of the releases or others.
I agree to ride within
my riding ability and agree to not be influenced by
any group or pack mentality to ride faster than is
within my ability or the limits of what is
considered safe riding conditions. Nor will I be
influenced by riding displays by my fellow tour
participants nor tour guides that could be
considered unsafe. I fully understand that I may
encounter riding conditions and roads that I have
not traveled before, and have no prior knowledge of,
and therefore will ride within a manner that is
considered safe for those riding conditions.
Furthermore, I agree that I will not in any
circumstance ride the motorcycle, be it my own, or a
rental motorcycle on a Comanche Motorcycle Tour,
beyond what is commonly considered a safe manner or
under the influence of alcohol, drugs or medication
that may impair my judgment.
I hereby release, hold
harmless, and promise not to sue Comanche Motorcycle
Tours, its officers, owners, directors, employees,
or agents (collectively “releases”) with respect to
any and all bodily injury and/or other loss
resulting from my participation in a Comanche
Motorcycle Tour whether as passenger or operator of
a motorcycle, whether caused by the negligence of
the releases or otherwise during any respect
associated with riding upon my own or my rental
motorcycle.
In addition, by
payment of a deposit, and/or my signature on this
form, I certify that I do not have any physical or
mental condition or disability that would create a
hazard for me or my fellow tour participants. I
certify that I am over 21 years of age and am in
possession of a valid motorcycle operator's permit
endorsement on my valid driver's license.
I, the tour
participant, be it motorcycle operator or passenger,
have read the tour Terms and Conditions and this
Waiver & Release Agreement and will abide by all
terms as stated herein or published within Comanche
Motorcycle Tours printed material. I hereby agree
this waiver or release shall be binding upon and
enforceable against me, my personal representatives,
spouse, assigns, heirs, and next of kin without
limitation.
I affirm that I have
not received or relied on any oral or written
representation of Comanche Motorcycle Tours as a
basis for executing this Waiver and Release. I have
read and understand the terms of the release and
waiver of responsibility I am about to sign and
further understand that Comanche Motorcycle Tours
cannot accept any tour participant, be it operator
or passenger, without a duly signed release and
waiver form. I understand clearly that I have given
up substantial rights by signing this release and
wavier of responsibility and have signed it freely
and voluntarily without any inducement, assurance,
or guarantee being make to me and intend my
signature to by a complete and unconditional release
of all liability to the greatest extent allowed by
law. |