Summits & Adventures LLC – Waiver of Liability, Assumption of Risk, Release, Indemnity, and Forum Selection Agreement – 01/01/2026
Waiver of Liability, Assumption of Risk, Release, Indemnity, and Forum Selection Agreement
This Waiver of Liability, Assumption of Risk, Release, Indemnity, and Forum Selection Agreement (“Agreement”) is entered into by the undersigned participant (“Participant”) in favor of Summits & Adventures, LLC d/b/a Beyond The Ride, a Texas limited liability company, together with its current and former owners, members, managers, officers, directors, employees, contractors, guides, ride leaders, mechanics, agents, representatives, affiliates, successors, assigns, insurers, local tour operators, destination partners, transportation providers, accommodation providers, activity providers, independent contractors, volunteers, and all other persons or entities acting in any capacity on its behalf (collectively, the “Released Parties”).
This Agreement applies to any trip, tour, camp, ride, training event, retreat, excursion, transportation, lodging, cultural activity, companion activity, support service, or other experience organized, promoted, operated, sold, arranged, coordinated, or supported directly or indirectly by any Released Party, anywhere in the world (collectively, the “Activities”).
Plain-language summary (for convenience only, not a substitute for the full Agreement):
- The Activities involve serious risks, including injury, illness, property loss, and death.
- By signing, I voluntarily assume those risks.
- By signing, I release certain claims against Beyond The Ride and the Released Parties to the fullest extent permitted by law, including claims based on ordinary negligence.
- I remain responsible for my own conduct, safety decisions, insurance, and costs of medical care, rescue, evacuation, and related expenses.
- I agree that disputes relating to this Agreement or the Activities must be brought only in Texas, subject to any rights that cannot legally be waived.
1. Participant acknowledgment: I understand that the Activities may take place in the United States and in foreign countries, and may involve cycling, road riding, mountain riding, gravel riding, transportation by van, car, shuttle, bus, or other vehicle, lodging, meals, cultural activities, natural activities, hiking, sightseeing, mechanical support, route guidance, medical assistance coordination, and other travel- and adventure-related services. I acknowledge that I am voluntarily choosing to participate in the Activities.
2. ASSUMPTION OF INHERENT AND OTHER RISKS
I UNDERSTAND THAT THE ACTIVITIES ARE INHERENTLY DANGEROUS AND INVOLVE KNOWN AND UNKNOWN RISKS THAT MAY RESULT IN PROPERTY DAMAGE, THEFT, ILLNESS, SERIOUS BODILY INJURY, DISABILITY, EMOTIONAL DISTRESS, OR DEATH.
These risks include, without limitation:
- cycling on open roads, paths, trails, and mixed-use areas;
- collisions with motor vehicles, cyclists, pedestrians, animals, livestock, or fixed objects;
- road hazards, potholes, gravel, rocks, mud, sand, slick pavement, debris, uneven surfaces, construction, poor signage, and changing surface conditions;
- steep climbs, descents, switchbacks, sharp turns, technical sections, remote terrain, and limited visibility;
- weather, heat, cold, rain, wind, storms, fog, lightning, flooding, wildfire smoke, altitude, sun exposure, dehydration, and fatigue;
- equipment failure, mechanical defects, brake failure, wheel or tire failure, improper fit, or failure of rented, borrowed, or personally owned gear;
- physical exertion, overexertion, cardiac events, falls, lack of acclimatization, delayed medical response, limited medical facilities, evacuation difficulties, and language barriers;
- foodborne illness, water contamination, infectious disease exposure, insect bites, animal contact, and environmental conditions;
- acts or omissions of guides, drivers, local operators, hotels, restaurants, activity vendors, medical personnel, other participants, and unrelated third parties;
- transportation accidents, lodging accidents, slips, trips, falls, and incidents occurring before, during, or after any ride or activity;
- risks arising from travel in foreign countries, including political unrest, crime, civil disturbance, transportation delays, changing local laws, customs, infrastructure limitations, and emergency-response limitations.
I UNDERSTAND THAT THESE RISKS MAY ARISE FROM NATURAL CONDITIONS, MY OWN ACTIONS OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS, THE CONDITION OF EQUIPMENT OR PROPERTY, OR THE NEGLIGENCE OF ONE OR MORE RELEASED PARTIES.
I knowingly and voluntarily assume all risks of participation in the Activities, whether known or unknown, inherent or not inherent, foreseeable or unforeseeable, and whether arising from ordinary negligence or otherwise, to the fullest extent permitted by law.
3. PARTICIPANT RESPONSIBILITY: I represent, warrant, and agree that:
- I am physically and mentally capable of participating in the Activities.
- I have disclosed, or will disclose before participating, any condition that could affect my safe participation, including but not limited to injuries, surgeries, allergies, medications, cardiac issues, respiratory issues, mobility limitations, or other relevant medical concerns.
- I understand that Beyond The Ride may require me to submit, review, confirm, or update traveler information, emergency contact information, health- or safety-related disclosures, and other required forms or documents through its website, booking platform, or account system before or after booking.
- I agree that any information I provide in connection with the Activities, whether through forms, email, booking records, or my website account, will be truthful, accurate, and complete to the best of my knowledge.
- I understand that Beyond The Ride does not provide medical insurance, rescue insurance, or evacuation insurance unless expressly stated in writing.
- I confirm that I am responsible for obtaining and maintaining appropriate travel medical insurance, including coverage for cycling or other adventure activities, emergency medical treatment, and medical evacuation, as required by the applicable Terms & Conditions.
- I am solely responsible for determining whether I am fit to participate on any day and for stopping participation if I feel unsafe, unwell, or unable to continue.
- I will follow safety instructions, route guidance, local laws, traffic laws, helmet requirements, equipment rules, and instructions from guides and staff.
- I will use appropriate judgment and will not participate while impaired by alcohol, drugs, fatigue, illness, medication side effects, or any other condition affecting my safety or the safety of others.
- I am responsible for my own conduct and for any damage I cause to persons, bicycles, vehicles, lodging, or other property.
4. MEDICAL CONSENT AND COSTS: I understand that medical care may be delayed, limited, unavailable, or below the standard I expect in some locations. If I am injured or become ill during the Activities, I authorize the Released Parties to secure emergency medical care, transportation, rescue, or evacuation for me if they believe it is reasonably necessary. I understand that the Released Parties have no duty to do so and are relying on this authorization if they choose to act. I agree that I am solely responsible for all medical, transportation, rescue, evacuation, lodging, repatriation, and related costs incurred on my behalf, whether arranged by me or by any Released Party.
5. RELEASE OF CLAIMS AND COVENANT NOT TO SUE
TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, EXPENSES, ACTIONS, OR CAUSES OF ACTION OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, PRESENT OR FUTURE, THAT ARISE OUT OF OR RELATE IN ANY WAY TO MY PARTICIPATION IN OR PRESENCE AT THE ACTIVITIES, INCLUDING WITHOUT LIMITATION CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, ECONOMIC LOSS, TRAVEL LOSS, EMOTIONAL DISTRESS, OR OTHER HARM.
THIS RELEASE EXPRESSLY INCLUDES CLAIMS ALLEGING THAT ANY LOSS, DAMAGE, INJURY, OR DEATH WAS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ONE OR MORE RELEASED PARTIES.
This release is intended to be as broad and inclusive as permitted by applicable law. However, this release does not apply to claims that cannot legally be waived, including claims based on gross negligence, reckless conduct, or intentional misconduct to the extent such claims are non-waivable under applicable law.
6. INDEMNITY: I agree to defend, indemnify, and hold harmless the Released Parties from and against any third-party claims, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- my acts, omissions, negligence, recklessness, or misconduct;
- my violation of law, traffic rules, safety rules, or instructions;
- my breach of this Agreement;
- damage caused by me to any person, bicycle, vehicle, lodging, or other property; or
- claims brought by or through anyone seeking recovery based on my conduct or based on rights I do not have authority to release.
This indemnity obligation is independent of the release above and survives the end of the Activities.
7. THIRD-PARTY BENEFICIARIES AND LOCAL OPERATORS: I understand that Beyond The Ride may use third-party local operators, guides, drivers, mechanics, hotels, transportation providers, activity vendors, contractors, and destination partners in connection with the Activities. I agree that all such persons and entities involved in the planning, support, coordination, or performance of the Activities are intended beneficiaries of this Agreement and are included within the definition of Released Parties to the fullest extent permitted by law.
8. NO RELIANCE ON ORAL STATEMENTS: I acknowledge that I am not relying on any oral statement, representation, or promise that is inconsistent with this written Agreement. I understand that safety depends on many factors, including my own judgment, conditions beyond anyone’s control, and the realities of adventure travel.
9. GOVERNING LAW: This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement or the Activities, shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to conflict-of-law rules, to the fullest extent permitted by law.
10. EXCLUSIVE VENUE; TEXAS FORUM: I agree that any claim, lawsuit, arbitration-related proceeding, mediation, or other legal proceeding arising out of or relating to this Agreement or the Activities shall be brought exclusively in the state courts of Harris County, Texas, or if federal jurisdiction exists, in the United States District Court with jurisdiction over Harris County, Texas. I knowingly and irrevocably consent to the personal jurisdiction of those courts and waive any objection based on venue, forum non conveniens, or similar doctrine, to the fullest extent permitted by law.
11. SEVERABILITY AND MAXIMUM ENFORCEMENT: If any provision of this Agreement is held invalid, illegal, or unenforceable in whole or in part, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. If any jurisdiction outside Texas refuses to apply one or more provisions as written, the remaining provisions shall still apply to the fullest extent permitted in that jurisdiction.
12. ENTIRE AGREEMENT: This Agreement is the entire agreement between me and the Released Parties with respect to liability, risk allocation, and dispute forum for the Activities, and it supersedes any inconsistent oral statements or prior understandings on those subjects.
13. BINDING EFFECT: This Agreement is binding on me and on my heirs, estate, personal representatives, and anyone asserting a claim through me, to the fullest extent permitted by law. I understand that this Agreement does not waive the separate legal rights of any other adult who does not sign it.
14. ADDITIONAL CARVE-OUT FOR RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM: For any participant whose booking is subject to mandatory package travel or consumer protection laws of the European Union or the United Kingdom, nothing in this Agreement is intended to exclude, waive, restrict, or limit any right, remedy, protection, or obligation that cannot legally be waived or limited under such laws. To the extent of any conflict between this Agreement and any applicable non-waivable law, such law shall prevail. However, this Agreement shall remain effective to the fullest extent permitted by applicable law with respect to assumption of risk, participant conduct, safety obligations, and all claims or liabilities that may legally be released or limited.
15. ACKNOWLEDGMENT OF CONSPICUOUS RELEASE
I ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, A WAIVER OF CLAIMS, AN ASSUMPTION OF RISK, AN INDEMNITY OBLIGATION, AND A REQUIREMENT TO BRING LEGAL CLAIMS ONLY IN TEXAS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ONE OR MORE RELEASED PARTIES.
I HAVE READ THIS AGREEMENT CAREFULLY, I UNDERSTAND IT, AND I SIGN IT VOLUNTARILY.
Participant full name:
Tour / trip name:
Tour dates:
Participant signature:
Date:
Email:
Emergency contact name and phone:
PARENT / LEGAL GUARDIAN CONSENT, ASSUMPTION OF RISK, MEDICAL AUTHORIZATION, INDEMNITY, AND FORUM SELECTION AGREEMENT FOR A MINOR PARTICIPANT
This Parent / Legal Guardian Consent, Assumption of Risk, Medical Authorization, Indemnity, and Forum Selection Agreement (“Agreement”) is entered into by the undersigned parent or legal guardian (“Parent/Guardian”) on behalf of the minor identified below (“Minor Participant”) in favor of Summits & Adventures, LLC d/b/a Beyond The Ride, a Texas limited liability company, and its past and present owners, members, managers, officers, directors, employees, agents, representatives, guides, ride leaders, mechanics, contractors, volunteers, affiliates, insurers, successors, assigns, local tour operators, destination partners, transportation providers, lodging providers, activity providers, and all other persons or entities acting in any capacity on its behalf (collectively, the “Released Parties”).
This Agreement applies to any trip, tour, camp, ride, retreat, excursion, event, transportation, lodging, cultural experience, companion activity, support service, or other travel or adventure-related service organized, promoted, sold, coordinated, operated, or supported by any Released Party anywhere in the world (collectively, the “Activities”).
1. Parent / Guardian authority and consent: I represent and warrant that I am the parent or legal guardian of the Minor Participant and that I have full authority to sign this Agreement on the Minor Participant’s behalf and on my own behalf. I give permission for the Minor Participant to participate in the Activities.
2. Acknowledgment of risks: I understand that the Activities are inherently dangerous and may involve known and unknown risks that may result in property damage, property loss, theft, illness, serious bodily injury, disability, emotional distress, or death. These risks include, without limitation:
- cycling on open roads, trails, paths, mixed-use areas, and remote terrain;
- collisions with motor vehicles, cyclists, pedestrians, animals, livestock, or fixed objects;
- road and route hazards, including potholes, gravel, mud, sand, slick pavement, rocks, debris, uneven surfaces, poor signage, and changing surface conditions;
- steep climbs, descents, switchbacks, sharp turns, technical terrain, and limited visibility;
- weather, rain, wind, storms, lightning, flooding, heat, cold, fog, wildfire smoke, altitude, sun exposure, dehydration, and fatigue;
- falls, overexertion, lack of acclimatization, cardiac events, delayed rescue, delayed medical care, limited medical facilities, evacuation challenges, and language barriers;
- equipment failure, mechanical defects, brake failure, tire failure, wheel failure, improper fit, or failure of rented, borrowed, or personally owned bicycles, helmets, or other gear;
- foodborne illness, contaminated water, infectious disease exposure, insect bites, animal contact, and environmental hazards;
- acts or omissions of guides, drivers, local operators, hotels, restaurants, activity vendors, medical personnel, other participants, and unrelated third parties;
- transportation accidents, lodging accidents, and slips, trips, and falls occurring before, during, or after any Activity; and
- risks associated with travel in foreign countries, including crime, political unrest, civil disturbance, transportation delays, infrastructure limitations, emergency-response limitations, and changing local laws, customs, and conditions.
I understand that these risks may arise from natural conditions, the Minor Participant’s actions or inactions, the actions or inactions of others, the condition of equipment or property, or the ordinary negligence of one or more Released Parties.
3. Assumption of risk and permission to participate
I UNDERSTAND THE RISKS DESCRIBED ABOVE AND KNOWINGLY AND VOLUNTARILY PERMIT THE MINOR PARTICIPANT TO TAKE PART IN THE ACTIVITIES DESPITE THOSE RISKS.
On behalf of myself and to the fullest extent permitted by law, I assume all risks associated with the Minor Participant’s participation in the Activities, whether known or unknown, inherent or not inherent, foreseeable or unforeseeable.
4. Parent / guardian representations: I represent, warrant, and agree as follows:
- The Minor Participant is physically and mentally capable of participating in the Activities.
- I have disclosed, or will disclose before participation, any condition that could affect the Minor Participant’s safe participation, including injuries, surgeries, allergies, medications, cardiac issues, respiratory issues, mobility limitations, dietary restrictions, behavioral concerns, or other relevant medical conditions.
- I understand that Beyond The Ride may require me to submit, review, confirm, or update traveler information, emergency contact information, health- or safety-related disclosures, and other required forms or documents through its website, booking platform, or account system before or after booking.
- I agree that any information I provide on behalf of the Minor Participant in connection with the Activities, whether through forms, email, booking records, or a website account, will be truthful, accurate, and complete to the best of my knowledge.
- I understand that Beyond The Ride does not provide medical insurance, rescue insurance, or evacuation insurance unless expressly stated in writing.
- I understand that I am responsible for obtaining and maintaining appropriate travel medical insurance for the Minor Participant, including coverage for cycling or other adventure activities, emergency medical treatment, and medical evacuation, as required by the applicable Terms & Conditions.
- I understand that I remain responsible for determining whether the Minor Participant is fit to participate on any day and that the Minor Participant should stop participation if unsafe, unwell, or unable to continue.
- I will ensure that the Minor Participant follows all safety instructions, route guidance, equipment rules, helmet requirements, local laws, traffic laws, and instructions from guides and staff.
- I will not permit the Minor Participant to participate while impaired by illness, fatigue, medication side effects, or any other condition affecting safety.
- I accept responsibility for the Minor Participant’s conduct and for any damage the Minor Participant causes to persons or property.
5. Medical authorization: I understand that medical care in some locations may be delayed, limited, unavailable, or below the standard I expect. If the Minor Participant becomes injured or ill during the Activities, I authorize the Released Parties to obtain or arrange emergency medical care, rescue, transportation, evacuation, or related assistance for the Minor Participant if any Released Party reasonably believes such action is necessary. I understand that no Released Party has any duty to provide or arrange such assistance. I agree to be solely responsible for all medical, rescue, evacuation, transportation, lodging, repatriation, and related costs incurred on behalf of the Minor Participant, whether arranged by me or by any Released Party.
6. Release of parent / guardian claims
TO THE FULLEST EXTENT PERMITTED BY LAW, I, INDIVIDUALLY AND ON MY OWN BEHALF, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, PRESENT OR FUTURE, ARISING OUT OF OR RELATING IN ANY WAY TO THE MINOR PARTICIPANT’S PARTICIPATION IN OR PRESENCE AT THE ACTIVITIES, INCLUDING WITHOUT LIMITATION MY OWN CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY LOSS, ECONOMIC LOSS, TRAVEL LOSS, EMOTIONAL DISTRESS, LOSS OF SERVICES, LOSS OF CONSORTIUM, BYSTANDER CLAIMS, WRONGFUL DEATH CLAIMS TO THE EXTENT I MAY ASSERT THEM, OR OTHER DERIVATIVE OR REPRESENTATIVE CLAIMS BELONGING TO ME.
THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM OR ALLEGING THE ORDINARY NEGLIGENCE OF ONE OR MORE RELEASED PARTIES.
This release is intended to be as broad and inclusive as permitted by applicable law. However, this Agreement does not release or waive any claim to the extent such claim cannot legally be waived under applicable law, including claims for gross negligence, reckless conduct, or intentional misconduct where non-waivable.
7. No waiver of non-waivable minor claims: I understand and acknowledge that this Agreement is intended to be enforced to the fullest extent permitted by law, but it is not intended to waive any claim of the Minor Participant to the extent such claim cannot legally be waived by a parent or legal guardian under applicable law.
8. Indemnity: I agree to defend, indemnify, and hold harmless the Released Parties from and against any third-party claims, demands, causes of action, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- my acts, omissions, negligence, recklessness, or misconduct;
- the Minor Participant’s acts, omissions, negligence, recklessness, or misconduct;
- my breach of this Agreement;
- my failure to disclose information relevant to the Minor Participant’s safe participation;
- damage caused by me or by the Minor Participant to any person, bicycle, vehicle, lodging, or other property; or
- claims brought by or through any person based on rights I personally released under this Agreement.
This indemnity obligation is independent of the other provisions of this Agreement and survives the completion or termination of the Activities.
9. Third-party beneficiaries: I understand and agree that Beyond The Ride may use local tour operators, guides, drivers, mechanics, transportation providers, lodging providers, activity vendors, independent contractors, and destination partners in connection with the Activities. All such persons and entities involved in planning, supporting, coordinating, or performing the Activities are intended third-party beneficiaries of this Agreement and are included within the definition of Released Parties to the fullest extent permitted by law.
10. No reliance on oral statements: I acknowledge that I am not relying on any oral statement, representation, or promise inconsistent with this written Agreement.
11. Governing law: This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement or the Activities, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles, to the fullest extent permitted by law.
12. Exclusive forum and venue: I agree that any claim, lawsuit, or legal proceeding arising out of or relating to this Agreement or the Activities shall be brought exclusively in the state courts of Harris County, Texas, or, if federal jurisdiction exists, in the United States District Court having jurisdiction over Harris County, Texas. I knowingly and irrevocably consent to the personal jurisdiction of such courts and waive any objection based on venue, forum non conveniens, or similar doctrine, to the fullest extent permitted by law.
13. Severability: If any provision of this Agreement is held invalid, illegal, or unenforceable in whole or in part, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
14. Entire agreement: This Agreement constitutes the entire agreement between me and the Released Parties with respect to the subject matter addressed herein and supersedes any inconsistent prior oral or written statements on those subjects.
15. Acknowledgment
I ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, A RELEASE OF MY OWN CLAIMS, AN INDEMNITY OBLIGATION, A MEDICAL AUTHORIZATION, AND A REQUIREMENT TO BRING LEGAL CLAIMS ONLY IN TEXAS.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS OF MY OWN, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ONE OR MORE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW.
I HAVE READ THIS AGREEMENT CAREFULLY, UNDERSTAND IT, AND SIGN IT VOLUNTARILY.
Minor Participant Information
Minor Participant Full Name: _______________________________________________
Date of Birth: _______________________________________________
Tour / Trip Name: _______________________________________________
Tour Dates: _______________________________________________
Parent / Legal Guardian Information
Parent / Legal Guardian Full Name: _______________________________________________
Relationship to Minor: _______________________________________________
Parent / Legal Guardian Signature: _______________________________________________
Date: _______________________________________________
Email Address: _______________________________________________
Mobile Phone: _______________________________________________
Emergency Contact
Emergency Contact Name: _______________________________________________
Emergency Contact Phone: _______________________________________________
Emergency Contact Relationship: _______________________________________________