RELEASE AND WAIVER OF LIABILITY
SWISS CHEESE & SPOTTED COWS BICYCLE TOUR
STATE OF WISCONSIN
READ CAREFULLY – THIS IS A LEGAL DOCUMENT. BY SIGNING, YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS AND AGREEING TO COMPLY WITH ALL REQUIREMENTS OF THIS DOCUMENT.
This Release and Waiver of Liability (“Waiver”) applies to my participation in the Swiss Cheese & Spotted Cows Bicycle Tour (“Tour”), a multi-day bicycle tour taking place June 26–July 1, 2026, in the State of Wisconsin, organized by Derks Cycle Tours LLC, ( the “Organizer”).
1. ACKNOWLEDGMENT OF ACTIVITY AND ASSUMPTION OF RISK
I understand that bicycling and bicycle touring are inherently dangerous activities. The Tour includes, without limitation, riding on public roads, highways, shoulders, and multi-use paths open to motor vehicle traffic and other users, as well as participation in lodging, meals, rest stops, group activities, SAG vehicle transport, and other services associated with the Tour.
I knowingly and voluntarily assume all risks, liabilities, injuries, death, whether known or unknown, foreseeable or unforeseeable, before, during, or after the Tour. These risks include, but are not limited to: traffic and vehicles of all types; collisions with motor vehicles, bicycles, pedestrians, animals, fixed objects and similar items; roadway and shoulder conditions; pavement defects; gravel, debris, and construction zones; weather conditions including heat, cold, rain, wind, storms, and extreme weather; fatigue, dehydration, overexertion, illness, or physical stress; equipment failure, including failure of bicycles, e-bikes, batteries, brakes, tires, helmets, or other safety gear; theft or loss of property; the actions or omissions of other participants, volunteers, staff, motorists, or members of the public; risks associated with lodging facilities, meal venues, and third-party service providers; and exposure to infectious or communicable diseases.
These examples are illustrative and not exhaustive. I understand that these risks cannot be eliminated.
2. RELEASE AND WAIVER OF LIABILITY (INCLUDING NEGLIGENCE)
In consideration for being permitted to participate in the Tour and other good and valuable consideration, I hereby release, waive, discharge, and covenant not to sue the Organizer or its members, officers, employees, contractors, volunteers, agents, Support Services, as hereafter defined, and all similar parties (collectively the “Released Parties”) from any and all claims, demands, causes of action, or liabilities arising out of or related to my participation in the Tour.
This Waiver expressly includes claims arising from the NEGLIGENCE of the Organizer and the Released Parties, to the fullest extent permitted by Wisconsin law.
3. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Organizer and the Released Parties from and against any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees and costs, arising from or related in any manner to my participation in the Tour, including claims brought by third parties as a result of my acts or omissions.
4. MEDICAL RESPONSIBILITY AND EMERGENCY AUTHORIZATION
I understand and agree that I am solely responsible for all medical, emergency, and related expenses incurred as a result of my injury or illness. I authorize the Organizer and emergency personnel to obtain and give medical treatment for me if deemed necessary and release the Organizer, emergency personnel and the Released Parties from all liabilities, claims, demands, causes of action, related to such care.
5. PHYSICAL CONDITION AND PERSONAL RESPONSIBILITY
I represent and warrant that I am in good physical condition and capable of safely participating in a multi-day bicycle tour. I have no medical condition that would endanger myself or others. I am solely responsible for the condition, maintenance, and adequacy of my bicycle or e-bike, helmet, batteries, and safety equipment. I will ride within my abilities, obey traffic laws, and follow Tour rules and safety guidance.
Route maps, cue sheets, ride leaders, and staff support are provided for convenience only and do not guarantee safety.
6. E-BIKE ACKNOWLEDGMENT
If I choose to ride an electric-assist bicycle (“e-bike”), I acknowledge that e-bikes involve additional risks, including higher speeds, increased weight, different handling characteristics, and battery or electrical failure. I assume all risks associated with e-bike use.
7. SAG VEHICLE AND SUPPORT SERVICES
I understand that SAG vehicles, luggage transport, mechanical assistance, and other support services (“Support Services”) are provided as a courtesy only and are not guaranteed. I assume all risks associated with loading, unloading, transport, and interaction with SAG vehicles.
8. INFECTIOUS DISEASE ACKNOWLEDGMENT (INCLUDING COVID-19)
I understand that participation in group activities may expose me to infectious or communicable diseases, including COVID-19 and its variants. I voluntarily assume all such risks and agree to follow any health and safety guidelines communicated by the Organizer.
9. PHOTO AND MEDIA RELEASE
I grant permission for the Organizer to use my name, photograph, image, likeness, or voice captured during the Tour for legitimate promotional or informational purposes, without compensation.
10. MINORS
If the participant is under 18 years of age, a parent or legal guardian must sign this Waiver and agrees to all terms on behalf of the minor, including indemnification of the Organizer and other released parties.
11. GOVERNING LAW AND VENUE
This Waiver shall be governed by and interpreted in accordance with the laws of the State of Wisconsin, and any legal action shall be brought exclusively in Wisconsin courts in the City of Hudson, WI.
12. SEVERABILITY
If any provision of this Waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. ACKNOWLEDGMENT OF UNDERSTANDING
I acknowledge that I have read this Waiver carefully, understand its terms, understand that I am giving up substantial legal rights, and sign it freely and voluntarily. Electronic signatures are enforceable.
