1. In consideration for and in connection with attending and/or participating in activities organized by Luft Cycleworks LLC, I hereby execute this Assumption of Risk, Release of Liability and Indemnification Agreement (the “AGREEMENT”) on behalf of myself and any children or dependents identified herein (collectively, the “RELEASORS”).
2. WHEN I ENGAGE IN ACTIVITIES, INCLUDING WITHOUT LIMITATION CYCLING, RUNNING, AND OTHER ACTIVITIES (COLLECTIVELY KNOWN AS “ACTIVITIES”), I ACKNOWLEDGE THAT PARTICIPATION IN SUCH ACTIVITIES CAN BE DANGEROUS AND INVOLVE THE RISK OF INJURY AND DEATH. I understand that Activities (including without limitation those specific Activities set forth above) involve numerous risks including, but not limited to, the risks posed by variations in terrain, road surfaces, and trails, adverse weather conditions, other hazards, and reduced visibility due to darkness, dust, sun light, and other conditions. I also understand Cycling and Running involve risks posed by loss of balance, loss of control, falling, sliding, collisions with other cyclists, runners, pedestrians, and vehicles; and carelessness and misjudgments on the part of participants and staff, including failure to follow traffic laws and common cycling communication. I acknowledge that it is up to me and/or my child or dependent to have the physical dexterity and knowledge to safely ride and run, and that my child and/or dependent may ride or run without an adult present. I further agree that all of these risks and dangers are necessary to the sports of Cycling and Running.
3. Despite the risks and dangers involved, and as consideration for being allowed to participate in Cycling, Running and/or other Activities on behalf of all of the RELEASORS, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH which might be associated with the RELEASORS’ participation in the ACTIVITIES, and/or with the use of the facilities and associated infrastructure of Luft Cycleworks LLC, including, but not limited to, the use of buildings and premises, walkways and parking lots, demo equipment, instruction, special events, search and/or rescue, traveling beyond the boundary (collectively the “USE OF THE FACILITIES”).
4. I AGREE NEVER TO SUE, AND TO RELEASE FROM LIABILITY, Luft Cycleworks LLC and all of their affiliates, subsidiaries, insurance companies, successors in interest, agents, employees, representatives, assignees, officers, directors and shareholders (collectively referred to as “LUFT”) for any property damage, injury or loss, including death, which arises in whole or in part out of my and/or my child or dependent’s participation in the ACTIVITIES or USE OF THE FACILITIES, including without limitation those claims based on LUFTS’s alleged or actual NEGLIGENCE, BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY.
5. I acknowledge that this AGREEMENT will prevent the RELEASORS from filing suit or making any claim for damages in the event of injury or death arising from the RELEASORS’ participation in the ACTIVITIES or USE OF THE FACILITIES. I UNDERSTAND THIS IS A RELEASE OF LIABILITY AND AGREE THAT IT IS VALID FOREVER, and will apply whenever the RELEASORS participate in the SPORTS or engage in USE OF THE FACILITIES. I understand and agree that each time I participate, or anyone for whom I have executed this agreement participates, that use will constitute a renewal and reaffirmation of my and the user’s acceptance of this AGREEMENT.
6. In the event any of the RELEASORS or any of their legal representatives file a claim or a lawsuit arising out of any of the RELEASOR’S participation in the ACTIVITIES or the USE OF THE FACILITIES, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LUFT from and against any damages, attorney’s fees or costs arising out of such a claim or a lawsuit. Additionally, I AGREE that this AGREEMENT will be immediately admissible into evidence in response to any claim or lawsuit filed by RELEASORS or on RELEASORS’ behalf.
7. I AGREE to abide by all local, state, and federal laws.
8. I AGREE to wear a helmet and use a taillight at all times when cycling.
9. I AGREE to use a headlight when cycling within one hour before sunset until one hour after sunrise.
10. I assume all risks associated with the ACTIVITIES and I AGREE that I am responsible for all costs associated with medical attention I receive.
11. I AGREE to grant to LUFT and its advertising and promotion agencies the right to use and publish worldwide and in perpetuity, in any and all forms of media now known or hereafter devised, including without limitation online and in social media, without approval or compensation, my image and/or performance captured at any LUFT-organized ACTIVITY.
13. In executing this AGREEMENT, I declare under penalty of perjury under the laws of the State of California that I am doing so only for myself and/or on behalf of persons for whom I have authority to execute. In the event that I execute this AGREEMENT on behalf of another person, and in the event that the other person brings a claim against LUFT, I AGREE to defend, indemnify and hold harmless LUFT as fully set forth in Paragraph 6 above.
14. I ACKNOWLEDGE that this AGREEMENT is binding upon me and/or any person on behalf of whom I am executing, my heirs, assigns and legal representatives. I acknowledge that this AGREEMENT is severable and that if any clause is found to be invalid, the offending clause will be stricken and the balance of the AGREEMENT will remain in effect and will be enforceable. I agree that any action arising under this AGREEMENT will be brought in the Superior Court of Los Angeles County, State of California. This AGREEMENT will be subject to and interpreted under the laws of the State of California.
THIS IS A BINDING AGREEMENT – DO NOT AGREE TO IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS.
Luft Cycleworks LLC, 1930 Lincoln Blvd, Venice, CA 90291 ©2023