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Release of Liability Waiver & Rental Contract

Activity Participation Acknowledgement:
I, the undersigned, hereby acknowledge that I am participating in an activity for
which Billy Goat Enterprises, LLC. dba Bicycle Pedaler, a Kansas limited liability
corporation or one of its subsidiaries (individually and collectively, “BGE”), is
furnishing equipment or services and which requires physical exercise, including,
without limitation, rafting, kayaking, swimming, stand-up paddle boarding, rock
climbing, hiking, rappelling, or cycling (the “Activity”). By signing this waiver, I
certify that I am in good health and physical condition and do not suffer from any
disability which would otherwise prevent my participation in the Activity. I agree to
abide by any decision of any BGE employees, organizers, volunteers, directors,
representatives, agents, and officers (collectively, the “BGE Parties”) regarding my
ability to safely participate in the Activity. I fully understand that I may injure
myself as a result of my participation in the Activity and that certain injuries may
result in death or permanent physical disability. I also acknowledge and agree that
my participating in any Activity may be terminated immediately if any of the BGE
Parties believe, in their sole discretion that I am unable to complete the Activity for
any reason, or that I am under the influence of alcohol or drugs.
Risk Acknowledgement, Indemnity and Release:
In consideration of my participation in the Activity, I hereby assume all risks, known
and unknown, associated with participation in the Activity including, but not
limited to, any injuries or illness resulting from falls, contact with other
participants, the conditions of Activity sites, bodily injuries and death. To the fullest
extent permitted by law, I hereby agree to indemnify, hold harmless and defend the
BGE Parties, as well as, where applicable, the Division of Kansas State Parks, the
National Forest Service, the state of Kansas, the City of Wichita, the United States
of America and other any federal or state governmental agencies or other entities
who may have an interest in any river, lake, or other real property or waterway on
which the Activity takes place (individually and collectively, the “Indemnified
Parties”) from and against any and all claims, losses, damages, expenses and other
liabilities (including, but not limited to, court costs and attorney’s fees) arising out
of or resulting in whole or in part from my participation in the Activity. I for myself
and anyone entitled to act on my behalf, including, but not limited to my heirs and
successors, hereby RELEASE, WAIVE AND FOREVER DISCHARGE the Indemnified
Parties from any and all claims, losses, damages, expenses and other liabilities of
any kind arising out of my participation in the Activity even if such claims, losses,
damages, expenses and other liabilities arise out of negligence or carelessness on
the part of any or all of the of the Indemnified Parties.

Medical Emergencies:

I hereby give permission to the BGE Parties to contact emergency services for help,

whether or not the BGE Parties have contacted my emergency contact, and give
permission to a licensed physician or other licensed medical provider to provide
proper treatment, including but not limited to hospitalization, injection, anesthesia
and/or surgery. I hereby RELEASE, WAIVE AND FOREVER DISCHARGE the BGE
Parties from any and all claims, liabilities, causes of action, damages, demands,
judgments, executions, liens and costs whatsoever in law or equity, including,
without limitation, liability for death or bodily injuries to any person or damage to
any property resulting from any (i) claims made against medical providers of
emergency services under this authorization, or (ii) against the BGE Parties for
obtaining emergency medical services for me pursuant to this authorization and
waiver.


Rental contract:
I accept liability for the equipment until I return it and the BGE personnel
determine it to be in satisfactory condition. By accepting liability, I understand that
any equipment that is checked out in my name is my full responsibility and it is my
duty to report any damages or safety concerns regarding that equipment. I
understand that I will complete a temporary bill of sale of the item(s) I check out. I
understand that I will be charged the full price of any items that are not returned at
all or are returned damaged that do not have damage protection as paid for by
me during the rental process. I understand that the card I used to rent the item(s)
will be charged a fee for item(s) damaged, destroyed, or not returned at all. I agree
to the terms of this Bill of Sale. I understand that in checking out equipment from
BGE, I have to obey all city, county, state, and federal laws by wearing a helmet,
personal flotation device, or any other safety equipment that may pertain to the
activity that I am participating in, and that BGE and any other parties are not
responsible for my actions.
In consideration of the recreational services provided by BGE and its agents,
owners, officers, volunteers, participants, employees, and all other entities acting in
any capacity on its behalf, I hereby agree to release, forever discharge, and
indemnify Permit Holder and the City of Wichita, on behalf of myself and my
spouse, children, parents, heirs, assigns, personal representative(s), and estate as
follows.
1. I acknowledge that my participation in any cycling activity is a strenuous physical
activity that entails known and unanticipated risks that could result in physical or
emotional injury, paralysis, death, or damage to myself, to property, or to third
parties. The risks include, among other things: collision with objects, sunburn,
equipment failure, the risks of falling while boarding, scrapes, twists, and jolts that
could result in scratches, bruises, sprains, lacerations, fractures, concussions, or
even severe life-threatening hazards; strains, sprains, cuts, bruises, muscle

soreness, and fractures; musculoskeletal injuries including head, neck, and back;
injuries to internal organs; insect bites, bee stings, or other injuries inflicted by
animals, insects, or plants; the risks of exposure to forces of nature; the negligence
of other people and the potential for human error, by guides or others, that may
cause any safety system to fail; my own physical condition and the physical
exertion associated with this activity; injury resulting from loss of control and/or
collisions with other participants, trees, rocks, and other obstacles, whether
obvious or not obvious; and the risk of emotional and psychological injuries or
physical damage associated with this activity.
I also acknowledge that my participation in any cycling activity may be
unsupervised, and, therefore, immediate aid or assistance may not be available in
the event of an injury, death, or other emergency. I expressly assume the risk of
said injuries or death and agree to release and hold harmless BGE Parties and the
City of Wichita, and their employees, officers, agents, assigns, owners, and
volunteers from any and all liability and responsibility arising from the same.
2. I agree that any expenses related to bodily injury, death, or loss of or damage to
personal property are my, or my estate’s, sole responsibility.
3. I certify that I have adequate insurance to cover any injury, death, or damage I
may cause or suffer while participating in this activity, or else I agree to bear all
costs of such injury, death, or damage myself. I further certify that I have no
medical or physical conditions that could interfere in any way with my safety in this
activity, or else I am willing to assume and bear the costs of all risks that may be
created, directly or indirectly, by any such condition.
4. I understand and acknowledge that BGE Parties and the City do not guarantee
the safety of any personal or real property to be used in cycling activities and that
property being used might malfunction. I further understand and acknowledge that
BGE Parties and the City do not warrant that the bicycles or any other property
used for cycling activity is suitable for any particular purpose.
5. I represent that I will follow all applicable safety rules and procedures during this
activity.
6. I hereby voluntarily release, forever discharge, and agree to indemnify and hold
harmless BGE Parties and the City from any and all claims, demands, or causes of
action that are in any way connected with my participation in this activity or my
use of BGE Parties and/or the City’s property, equipment, and/or facilities,
including, without limitation, for personal injuries, death, loss of income, property
damages, or any and all damages to me and my family, estate, heirs, or assigns that
may occur as a result of my participation in cycling activity and all other related
outdoor activities, or as a result of the negligence of any party, including BGE
Parties or the City, whether through negligent acts or omission.

7. I further agree not to sue, claim against, attach the property of, or prosecute BGE
Parties or the City for any injury or death caused by or resulting from my
participation in cycling activities, whether or not such injury or death was caused
by or resulting from negligence or any other cause.
8. Having considered all the above, I expressly agree and promise to accept and
assume all of the risk existing in this activity, whether foreseen or unforeseen, that
may befall me. My participation in this activity is purely voluntary, and I elect to
participate in spite of the risks.
9. I am an adult of lawful age in the State of Kansas and I am legally competent to
sign this liability release and assumption of risk. I understand the terms herein are
contractual and not a mere recital and that I have signed this Agreement of my own
free act and with the knowledge that I am waiving my legal rights.
10. I further agree that if any provision of this Agreement is found to be
unenforceable or invalid, that provision shall be severed from this Agreement and
the remainder of this Agreement will then be construed as though the
unenforceable provision had never been contained herein.
I acknowledge that if anyone is hurt or killed or if property is damaged during my
participation in this activity, I may be found by a court of law to have waived my
right to maintain a lawsuit against BGE Parties and/or the City on the basis of any
claim from which I have released them herein, including their negligence or the
negligence of their employees and agents.


I hereby represent that I have carefully read and understand the contents of this
document and sign the same of my own free will.