Participant Release of Liability Waiver

IMPORTANT: THIS IS A LEGALLY BINDING DOCUMENT. BY PARTICIPATING IN ANY TOUR, EVENT, OR EXPERIENCE WITH CYCLE-LOGICAL TOURS, YOU AGREE TO THE TERMS OF THIS WAIVER AND RELEASE AND UNDERSTAND THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

This Participant Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity Agreement, and Payment Terms (“Agreement”) is entered into voluntarily by the undersigned individual (“Participant”) and is made effective as of the date of signature, in favor of Cycle-logical Tours, LLC, a North Carolina limited liability company, including its owners, members, officers, agents, employees, contractors, affiliates, successors, assigns, and insurers (hereinafter collectively referred to as the “Released Parties”).


1. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

1.1 I, the undersigned Participant, acknowledge and understand that participation in an electric bicycle (“e-bike”) tour, guided wellness session, or any related activity organized by Cycle-logical Tours, LLC involves inherent, known and unknown risks, hazards, and dangers which may result in serious bodily injury, permanent disability, illness, emotional trauma, property loss or damage, and/or death.

1.2 I understand that such risks may include, but are not limited to:

  • Falls, collisions, crashes, and loss of control;
  • Contact with motor vehicles, other cyclists, pedestrians, animals, or stationary objects;
  • Terrain irregularities, road hazards, debris, inclement weather conditions, and equipment malfunction;
  • Physical exertion, dehydration, heat exhaustion, sun exposure, or medical emergencies;
  • My own negligence or the negligence or intentional acts of others, including other participants or third parties;
  • Participation in wellness practices such as breathwork, meditation, mindfulness, or yoga-inspired relaxation, which may not be suitable for all individuals;
  • Unsupervised or self-guided time during the tour, including at any commercial establishments (e.g., breweries or restaurants);
  • The consumption of alcoholic beverages, as described in Section 6.

1.3 I voluntarily accept and assume all such risks, whether or not foreseeable or caused by the negligence (ordinary or gross), recklessness, strict liability, product liability, or willful misconduct of the Released Parties or any other persons.


2. RELEASE, WAIVER, AND COVENANT NOT TO SUE

2.1 I hereby fully and forever discharge, release, waive, and relinquish any and all claims, demands, causes of action, liabilities, suits, judgments, losses, costs, expenses, and damages (including attorneys’ fees and court costs) of any nature or kind whatsoever, whether known or unknown, foreseen or unforeseen, direct or indirect, that I or my heirs, executors, administrators, personal representatives, assigns, or next of kin may have or claim to have against the Released Parties arising out of or related to:

  • My participation in any e-bike tour, wellness session, or related activity;
  • My use or misuse of any equipment owned, maintained, rented, or provided by Cycle-logical Tours, LLC;
  • Any injury, death, illness, or property damage suffered by me during or after participation;
  • Any alleged negligence or other act or omission of the Released Parties.

2.2 I expressly agree that this waiver shall apply to any claim of negligence, gross negligence, strict liability, breach of warranty, product defect, or failure to warn, and that under no circumstances shall the Released Parties be liable for any direct, indirect, incidental, special, punitive, or consequential damages.

2.3 I further agree never to institute any legal proceeding or bring any claim against the Released Parties for any matter covered by this Agreement.


3. INDEMNIFICATION AND HOLD HARMLESS

3.1 I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, losses, damages, liabilities, penalties, costs, expenses (including reasonable attorneys’ fees), or demands arising directly or indirectly from:

  • My participation in any activity organized by Cycle-logical Tours, LLC;
  • My acts or omissions, including any injury or property damage caused to myself or others;
  • My violation of any rule, regulation, or instruction of the Company;
  • Any third-party claim based on my actions, negligence, or misconduct.

4. HEALTH AND PHYSICAL CONDITION

4.1 I represent and warrant that I am in good health and physical condition, free from any medical conditions, disabilities, injuries, or impairments that could affect my ability to operate or ride an electric bicycle or participate in wellness practices safely.

4.2 I further confirm that I:

  • Am not under the influence of drugs or controlled substances;
  • Will report any injury, accident, or unsafe condition immediately to Company staff.

4.3 Wellness Disclaimer

  • I understand that Cycle-logical Tours, LLC may offer guided wellness sessions (including but not limited to mindfulness rides, breathwork, meditation, or relaxation practices) as part of certain tours.
  • I acknowledge that these sessions are not medical treatment, diagnosis, or therapy, and no medical advice is being provided.
  • I agree that I am solely responsible for determining whether participation is appropriate for my physical and mental health.
  • I release the Released Parties from any and all liability related to my participation in these wellness practices, including any injury, illness, or adverse physical/mental reaction.

5. AGE REQUIREMENT AND ELIGIBILITY TO PARTICIPATE

5.1 I certify and affirm that I am at least sixteen (16) years of age and legally capable of entering into this Agreement.

5.2 I understand and agree that:

  • No individuals under the age of 16 are permitted to participate under any circumstances;
  • I may be required to present valid government-issued photo identification upon request.

6. ALCOHOL CONSUMPTION POLICY (INCLUDING BIKE & BREW TOUR)

6.1 I acknowledge that certain tours, including the Bike & Brew Tour, may involve optional visits to establishments where alcoholic beverages are available for purchase and/or consumption.

6.2 I understand and agree that:

  • I am solely responsible for all decisions related to alcohol consumption;
  • I will not operate an electric bicycle while impaired, intoxicated, or under the influence of alcohol or any controlled substance;
  • Cycle-logical Tours, LLC is not responsible for monitoring, limiting, or regulating my consumption of alcohol;
  • Participation in the Bike & Brew tour does not include or provide alcohol—all purchases and consumption are at my sole discretion and responsibility;
  • I accept all risks associated with alcohol use during or after the tour, including but not limited to injury, accident, arrest, illness, or death;
  • I release the Released Parties from any liability arising from my alcohol consumption, regardless of the circumstances.

7. EQUIPMENT USE, RESPONSIBILITY, AND DAMAGES

7.1 I acknowledge that I am being provided with equipment (e.g., electric bicycle, helmet, lock) in good condition and agree to inspect it before use.

7A. SELF-GUIDED TOURS AND EQUIPMENT LIABILITY

7A.1 Applicability: This section applies specifically to Participants engaging in any self-guided tour offered by Cycle-logical Tours, LLC, including but not limited to rides in which no Company representative or guide is physically present.

7A.2 Return of Equipment: All equipment, including but not limited to bicycles, helmets, locks, and accessories (collectively, “Equipment”), must be returned to the designated location no later than 5:00 PM on the date of service, unless otherwise authorized in writing by Cycle-logical Tours, LLC.

7A.3 Late Returns: Failure to return Equipment by the required time shall result in the automatic assessment of an additional full-day rental fee for each day the Equipment remains unreturned, charged at the prevailing daily rate.

7A.4 Loss, Theft, or Damage: The Participant shall be solely responsible for the care, custody, and control of all Equipment during the rental period. In the event any Equipment is lost, stolen, or damaged beyond reasonable repair, the Participant agrees to compensate Cycle-logical Tours, LLC for the replacement cost of such Equipment, as follows:

  • Bicycle: $250 per unit
  • Helmet: $50 per unit
  • Bike Lock: $25 per unit

7A.5 Damage and Repair Costs: If Equipment is returned damaged but repairable, the Participant agrees to pay the reasonable cost of parts and labor necessary to restore the Equipment to rentable condition, as determined solely by Cycle-logical Tours, LLC.

7A.6 Authorization for Charges: The Participant expressly authorizes Cycle-logical Tours, LLC to charge the payment method provided at the time of booking for any fees, damages, late charges, or replacement costs incurred under this section.

7A.7 Acknowledgment: By participating in a self-guided tour or using any Equipment provided by Cycle-logical Tours, LLC, the Participant acknowledges and agrees to these terms and assumes full financial responsibility for the proper care, timely return, and condition of the Equipment.

7.2 I accept full responsibility for the care, custody, and control of all equipment and agree to:

  • Operate the e-bike in a safe and lawful manner;
  • Not lend or transfer the equipment to another party;
  • Return all equipment at the end of the tour in the same condition in which it was received.

7.3 I authorize Cycle-logical Tours, LLC to charge my credit card (on file or provided) for:

  • Any damage beyond ordinary wear and tear;
  • Replacement of lost, stolen, or destroyed equipment;
  • Late return of equipment.

8. PAYMENT TERMS AND CREDIT CARD AUTHORIZATION

8.1 I agree to pay in full for all services rendered by Cycle-logical Tours, LLC via online payment methods (credit or debit card only). No cash payments are accepted.

8.2 I authorize Cycle-logical Tours, LLC to:

  • Securely store my payment information in accordance with PCI-DSS standards;
  • Retain such information on file for the purpose of charging for damages as described in Section 7;
  • Provide prior written notice of any such charges before processing.

8.3 I waive the right to contest any authorized charge so long as it is consistent with the terms of this Agreement.


9. PHOTO AND MEDIA RELEASE

9.1 I grant Cycle-logical Tours, LLC an irrevocable, worldwide, royalty-free license to use my likeness, image, voice, and appearance in photographs, videos, or other media captured during the tour for any lawful promotional or marketing purposes.


10. SEVERABILITY, ENTIRE AGREEMENT, AND GOVERNING LAW

10.1 If any provision of this Agreement is deemed invalid or unenforceable, such provision shall be severed without affecting the validity of the remaining provisions.

10.2 This Agreement constitutes the entire understanding between the parties and supersedes any prior representations, promises, or agreements, oral or written.

10.3 This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law rules. Any dispute shall be exclusively resolved in a court of competent jurisdiction located in Brunswick County, North Carolina.


11. VOLUNTARY AGREEMENT AND ELECTRONIC SIGNATURE

By completing a booking through Cycle-logical Tours, LLC’s online system or any authorized partner platform, I acknowledge and agree that:

  • My electronic acceptance during the booking process constitutes my electronic signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), the North Carolina Uniform Electronic Transactions Act, and any other applicable laws;
  • This electronic signature has the same force and effect as a handwritten signature;
  • I have carefully read and fully understand this Agreement;
  • I have had the opportunity to ask questions and consult legal counsel;
  • I am booking freely, voluntarily, and without coercion;
  • I am 16 years of age or older and legally competent to enter into this Agreement;
  • I agree to be bound by all terms herein.

I understand that by booking and electronically signing this document, I am giving up legal rights and remedies, including the right to sue the Released Parties.al rights and remedies, including the right to sue the Released Parties.

This waiver supersedes all prior versions. Updated October 24, 2025.