Please Read This
This Web page and this blog are NOT an Almaden Cycle Touring Club (ACTC) Web site or blog.
Not all Whine and Dine rides and/or events are ACTC rides and/or events. For example: the hike and the party after the the hikes and rides are NOT ACTC events and/or rides. All rides are on public streets, route sheets are posted publicly, start times and locations are public and there is no RSVP system for rides. There is no ability to know (or control) who will come to the ride or who will choose to be on public property at the time of the ride.
Attend at your own risk
Route sheets for Whine and Dine rides are often available for free on the Internet for anybody to download. Rides are on public roads and trails. Start times and starting locations of rides and events are public and openly published on the Internet for anybody to view.
Please be advised; there is no ability to predict hazards including, but not limited to; road conditions, trail conditions, weather conditions, mechanical problems, errors or bad behavior on the part of others including motorists, cyclists, the creators of route sheets and/or planners of events. No liability is implied or assumed. Please attend and/or participate at your own risk!
Release of Liability
In consideration of being invited to participate in any way in whine and dine rides and/or events you, for yourself, your personal representatives, assigns, heirs, and next of kin:
1. Acknowledge, agree, and represent that you understand the nature of bicycling activities and that you are qualified, in good health, and in proper physical condition to participate in such activity. You further acknowledge that the activity will be conducted over public roads and facilities open to the public during the activity and upon which the hazards of traveling are to be expected. You further agree and warrant that if, at any time, you believe conditions to be unsafe, you will immediately discontinue further participation in the activity.
2. Fully understand that (a) bicycling activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death (“risks”); (b) these risks and dangers may be caused by your own actions, or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the “releasees” named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and you fully accept and assume all such risks and all responsibility for losses, costs and damages you incur as a result of my participation or that of the minor in the activity.
3. Hereby release, discharge, and covenant not to sue the event organizers and/or ACTC, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the activity takes place, (each considered one of the “releasees” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations; and you further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement you, or anyone on your behalf, makes a claim against any of the releasees, you will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
By participating you acknowledge that you have read this agreement, fully understand its terms, understand that you have given up substantial rights by participating, and have have agreed to this and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.