By submitting your application to Common Circle, Inc., you agree to the following terms and conditions.
THIS IS A LEGALLY BINDING DOCUMENT. BE SURE YOU HAVE READ IT IN FULL. YOUR SUBMISSION OF YOUR APPLICATION TO COMMON CIRCLE, INC. IMPLIES YOUR AGREEMENT TO THE TERMS STATED HEREIN.
Release, Indemnification, and Assumption of Risk
This Release, Indemnification, and Assumption of Risk (“Agreement”) is entered into by and between Common Circle, Inc. (“Common Circle”), also known as Common Circle Education, and the course participant (“Participant”) who has paid the course fee.
For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged and agreed, the parties hereto agree to the following terms, conditions, and covenants:
i. Participant agrees to comply fully at all times with each and every policy, regulation, and rule of Common Circle, Inc. relating to any activity or event (“Activity” or “Activities”) sponsored, promoted, or conducted by Common Circle, Inc. for which Activity Participant is enrolled in or involved with directly or indirectly.
ii. Participant acknowledges and agrees that all Activities sponsored, promoted or conducted by Common Circle, Inc. have physical risks, which could cause or result in personal property damage, serious physical bodily injury, or even death. Such risks are also present at any location used as a rest accommodation or meeting site in conjunction with, or during the course of, any Common Circle, Inc. Activities. Participant agrees to be solely responsible for Participant’s own personal property, health, safety, and welfare at all times while Participant is enrolled in or involved with directly or indirectly all Activities sponsored, promoted, or conducted by Common Circle, Inc.
iii. Participant acknowledges and agrees that it would be impractical for Common Circle, Inc. to identify every conceivable risk relating, directly or indirectly, to any Activity sponsored, promoted, or conducted by COMMON CIRCLE, INC. Therefore, PARTICIPANT AGREES FOR HIMSELF/HERSELF AND ON BEHALF OF ALL OF PARTICIPANT’S FAMILY MEMBERS TO RELEASE AND INDEMNIFY COMMON CIRCLE, INC., INCLUDING, BUT NOT LIMITED TO, COMMON CIRCLE, INC. OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND AGENTS (INDIVIDUALLY AND COLLECTIVELY “AGENTS”) FROM ANY AND ALL LIABILITY CLAIMS, DEMANDS, OR ANY CAUSES OF ACTION, KNOWN OR UNKNOWN, RELATING TO OR ARISING FROM ANY ACTIVITY SPONSORED, PROMOTED, OR CONDUCTED BY COMMON CIRCLE, INC. Participant intends that this release and indemnification shall be effective whether or not any loss, damage, or injury or death results from the negligence or other unintentional misconduct of Common Circle, Inc. or its Agents.
iv. In case suit, arbitration, or other legal action is instituted to interpret or enforce any of the provisions of this Agreement, the prevailing party therein shall be awarded all reasonable and necessary fees for investigations, depositions, as well as fees for accountants and witnesses (expert or otherwise) reasonably incurred by that party in connection with such suit or action, plus such sums as may be adjudged reasonable for that party’s attorney fees incurred prior to and throughout such suit or action, including all hearings, trials, and appeals. The existence, validity, and operational effect of this Agreement, and all of its covenants, agreements, terms and conditions, and the rights and obligations hereunder of each of the parties herein shall be determined in accordance with the laws of the State of Oregon. For all disputes relating to or arising from this Agreement, the parties hereto each (i) consent to the jurisdiction of the courts of the State of Oregon, (ii) agree that such courts shall have personal jurisdiction over each party hereto, and (iii) agree that venue to resolve such disputes shall be in Multnomah County, Oregon. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision was not contained herein.
v. If Participant is under the age of eighteen (18), then a parent of Participant or other adult legally responsible for Participant shall agree to this Agreement on behalf of Participant.
Common Circle, Inc. Course Policies
1. Each client must wear a securely fastened helmet, rear-view mirror, bright clothing or safety vest, and have a red visibility flag while riding. Headphones are not permitted while riding. Each client is solely responsible for the condition, maintenance and repair of their bicycle at all times.
2. Client is responsible for providing Common Circle, Inc. with emergency contact information prior to participation in the course and will have on his/her person a copy of his/her identification at all times. If a client has a specific relevant medical condition (ex: diabetes, asthma, seizures), s/he must wear a medical alert tag at all times.
3. Clients are not permitted to ride during or after sunset, in poor visibility, or in inclement weather.
4. Clients are not permitted to deviate from the planned route without prior authorization from Common Circle, Inc. staff. Authorization must be re-obtained daily, and the check-in time still applies. Swimming (defined as water above ankles), trampolines, and bungee cords with metal hooks are also not permitted.
5. Attendance at the Common Circle, Inc. orientation is mandatory for every participant.
6. Common Circle, Inc. courses are alcohol and drug-free events. There is a strict zero-tolerance policy regarding illegal drugs and alcohol on the course. Drugs and/or alcohol may not be consumed AT ALL during the event, whether on or off the host sites.
7. Course fee is due in full at time of signup. NO REFUNDS WILL BE PROVIDED UNDER ANY CIRCUMSTANCES AND NO TRANSFERS BETWEEN COURSES WILL BE ALLOWED. Authorization is hereby given to charge all course-related fees to credit card(s) provided.
8. Clients are expected to act in a respectful manner at all times.
9. Common Circle, Inc. is not responsible (and does not carry insurance) for any lost, stolen and/or damaged property, including but not limited to Client’s luggage and/or bicycle. Clients are responsible for obtaining all proper insurance for property and health.
10. At no time will any participant a Common Circle, Inc. course threaten the safety or wellbeing of him/herself, other clients, staff, or any member of the public. Clients will comply with all applicable laws while participating. Common Circle, Inc. reserves the right to terminate Client’s participation in the event, with or without cause, at any time, without any refund and without advance notice or warning. If the client is under the age of eighteen (18), then a parent or guardian of shall sign this Agreement on behalf of participant and must accompany the client while on-course.
I hereby give Common Circle, Inc. and its partners permission to use my name and photographic likeness in all forms and media for advertising, trade, and any other lawful purposes. I certify that I have read, understand, and agree to abide by the above policies as well as the Standard Operating Procedures of the course.