ASSUMPTION OF THE RISK, WAIVER OF LIABILITY. INDEMNITY AGREEMENT AND PARTICIPATION FOR WACO PEDAL TOURS. ALL PARTICIPANTS MUST READ THIS DOCUMENT CAREFULLY BEFORE SIGNING AS IT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ELIMINATE YOUR ABILITY TO BRING CERTAIN LEGAL ACTIONS AGAINST WACO PEDAL TOURS.
PARTIES RELEASED
Parties released include Waco Pedal Tours and its directors, officers, agents, contractors, insurers, spectators, equipment suppliers, and volunteers, event sponsors, organizers, promoters, directors, officials, property owners, and advertisers, governmental bodies and/or municipal agencies whose property and/or personnel are used and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives.
RELEASING PARTIES
Releasing parties include the participant as well as the participant's spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns or anyone else who might claim or sue open participant's behalf.
ASSUMPTION OF INHERENT RISKS
Waco Pedal Tours, as used herein, includes all aspects of the Waco Pedal Tours experience such as boarding the Waco Pedal Tours Bike Vehicle, participating in any of the Waco Pedal Tours excursions, riding of the Waco Pedal Tours Bike Vehicle, pedaling the Waco Pedal Tours Bike Vehicle, and disembarking from the Waco Pedal Tours Bike Vehicle. It involves inherent risks that cannot be eliminated completely regardless of the care and precautions taken by Waco Pedal Tours. I understand and acknowledge that the inherent risks include, but are not limited to:
- Contact or collision with persons or objects, contact with other participants, contact or collision with motor vehicles or machinery. including the Waco Pedal Tours Bike Vehicle;
- Encounter with obstacles such as road and surface hazards:
- Equipment related hazards such as defective or inadequate equipment or equipment that unexpectedly fails:
- Weather-related hazards such as extreme heat, extreme cold, humidity, ice, rain, fog, and lightning;
- Inadequate first aid and/or safety measures;
- Judgment and/or behavior related problems of co-participants, the participant, or personnel working for the Waco Pedal Tours: and
- Natural hazards such as uneven terrain, falling objects, contact with wildlife or poisonous plants.
I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic.
- Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, nausea. and cuts.
- Serious injuries are less common, but may sometimes occur. They include, but are not limited to: property loss or damage, broken bones, torn ligaments, concussions, heat-related illness, mental stress, and exhaustion.
- Catastrophic injuries are rare: however, we feel that our participants should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death.
I also understand that it is my responsibility to consult with my personal physician prior to participating on the tour to ensure that such participation will not pose unusual risks to my health and well-being. I understand fully the inherent risks involved in the tour and assert that I am willingly and voluntarily participating in the tour.
I have read the preceding paragraphs and acknowledge that:
- I know the nature of the Waco Pedal Tours tour;
- I understand the demands of this activity relative to my physical condition; and
- I appreciate the potential impact of the types of injuries that may result from the tour.
I hereby assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in the tour.
WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE
In consideration for being permitted to participate in the tour, I (on behalf of the releasing parties) hereby forever waive, release. covenant not to sue, and discharge Waco Pedal Tours and the other released parties from any and all claims resulting from the inherent risks of the tour or the ordinary negligence, implied or otherwise, of Waco Pedal Tours (or other released parties) that I may have arising out of my participation in the tour. This agreement applies to personal injury (including death) from incidents or illnesses arising from participation in the tour and any and all claims resulting from damage to, loss of, or theft of property.
INDEMNIFICATION AGREEMENT
In consideration of being permitted to participate in the tour and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to hold harmless, defend and indemnify Waco Pedal Tours (and other released parties) from and against:
- Any and all claims made by me (or any releasing party) arising from injury or loss due to my participation in the tour; and
- Against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in the tour.
For the purposes hereof, claims includes all actions and causes of action, claims, losses, costs, expenses, and damages, including legal fees and related expenses. This indemnity shall survive the expiration or termination of the tour. Waco Pedal Tours shall have the right to select its counsel in the event that you are obligated to defend Waco Pedal Tours under this agreement.
VENUE AND JURISDICTION
I understand that if legal action is brought. Texas has the sole and exclusive jurisdiction and that only the substantive laws shall apply.
SEVERABILITY
I understand and agree that this agreement is intended to be as broad and inclusive as is permitted and that if any provision shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be amended to be lawful and enforceable to the broadest and most inclusive extent possible. If it cannot be amended and remain lawful, the provision shall be severed from this agreement and does not affect the validity and enforceability of any remaining provisions.
INTEGRATION
I affirm that this agreement supersedes any and all previous oral or written promises or agreements regarding the subject matter set forth herein. I understand that this is the entire agreement between me and Waco Pedal Tours regarding the subject matter set forth herein and cannot be changed or modified in any way by representations or statements or by any agent or employee of Waco Pedal Tours. This agreement may only be amended by a written document duly executed by all parties.
MEDIATION AND ARBITRATION
In the event of a dispute over this agreement, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation. I agree that all disputes, controversies or claims arising out of my participation in the tour shall be exclusively submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties.
RULES AND REGULATIONS
- The Waco Pedal Tours is of proprietary manufacture, and I agree not to build, or cause to build, or cause to be built any vehicle of the same or similar construction.
- I grant Waco Pedal Tours permission to use photos or video of me for promotional purposes including, but not limited to, use on social media sites.
- All participants on tours that are served alcohol must be 21 years of age or older.
- Glass is strictly prohibited. NO glass is allowed on the Waco Pedal Tours.
- The Waco Pedal Tours driver is responsible for the tour, and his or her decisions are final.
- Inappropriate behavior before, during, and after the tour will result in the offending passenger(s) being asked to disembark the Waco Pedal Tours vehicle. Such behavior includes, but is not limited to:
--- Extreme intoxication
--- Providing alcohol to non-passengers
--- Littering, including dumping beer
--- Public urination
--- Loitering more than five minutes after the tour
--- Excessive noise or profanity
- Any open alcoholic beverages must be discarded IMMEDIATELY when the tour ends. No dumping. Waco Pedal Tours team members will dispose of any open beverages. Any violation of the following behavior rules will result in ride termination, or fine.
- High-living pedestrians
- Sharing alcohol with non-riders
- Jumping on pedals
- Profanity
- Extreme intoxication
- Littering
- Damage to the vehicle
- Inappropriate behavior determined by Waco Pedal Tours staff.
Severe transgressions, including but not limited to those described above, will result in the Waco Pedal Tours tour ending immediately and causing a late/damage/behavior fee of $500 to be charged to the renters credit card. If a ticket is issued by a municipality because of the behavior of the group, that cost will also be charged to the renters credit card. All laws and rules regarding alcohol apply to all passengers before, during and after the Waco Pedal Tours tour. Any person arriving in an intoxicated condition shall not be allowed on the Waco Pedal Tours tour.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above. By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
WACO PEDAL TOURS RECOMMENDS THE USE OF A HELMET AT ALL TIMES DURING THE TOUR AND PROVIDES A HELMET FOR USE ON THE TOUR FREE OF CHARGE. By law, participants under 18 years of age MUST accept and wear a helmet.
PHOTO AND VIDEO RELEASE
By signing this release form, I authorize Waco Pedal Tours, to use the following personal information:
(1) My picture including photographic, motion picture, and electronic (video) images.
(2) My voice including sound and video recordings.
I hereby grant to Waco Pedal Tours, its subsidiaries. licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, my name, pictures of me in film or electronic (video) form. sound and video recordings of my voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised. This permission shall continue forever unless I revoke the permission in writing.
I further grant Waco Pedal Tours all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant Waco Pedal Tours the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit.
I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for Waco Pedal Tours use of any of the material described above for any of the purposes authorized by this release. I also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied.
ACKNOWLEDGEMENT OF UNDERSTANDING
I have read this agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be complete and unconditional release of all liability due to Ordinary Negligence of the Waco Pedal Tours (and other released parties) or the Inherent Risks of the activity, to the greatest extent allowed by law. I understand that this agreement applies to all future uses of the Waco Pedal Tours.