RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I" or "me") desires to participate in activities (the "Activity") organized by Trolley Pub of Maryland L.L.C., a Maryland limited liability company doing business as Trolley Pub Baltimore (the "Company"). By signing this Agreement, I hereby acknowledge and agree (for myself and any minor of whom I am the parent or legal guardian) (collectively, "the Releasing Parties") that participation in, or presence in the vicinity of, any physical activity, including, without limitation, cycling, sightseeing tours and exercise programs, carries with it inherent risks due to the nature of the activities, interaction with other participants, the location of such activities, transportation to and from such activities, and other such applicable risk factors. As lawful consideration for being permitted by the Company to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS AND INVOLVE UNKOWN RISKS AND KNOWN RISKS INCLUDING THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT THE RELEASING PARTIES ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS (INCLUDING UNKNOWN RISKS) OF INJURY, DEATH OR PROPERTY DAMAGE OF A RELEASING PARTY OR ANY THIRD PARTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its members, managers, officers, employees, agents, affiliates, successors and assigns (collectively, "Releasees"), on account of injury, death or property damage arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and I forever release and discharge the Company and all other Releasees from liability under such claims.
I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by or awarded against Releasees in a final non-appealable judgment, arising out or resulting from any claim of a third party related to the Activity.
I grant to the Company the right to take photographs of me and all Releasing Parties in connection with the above-identified event. I authorize the Company its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that the Company may use such photographs of me and all Releasing Parties with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
I agree to follow any and all rules and directions given by the Company or its employees. I understand that my failure to comply may result in early termination of the tour without a refund. In the event that any Releasing Party abandons the tour I authorize the Company to charge an additional fee of $200 to the credit card on file.
I understand that if I weigh over 260 pounds, for my safety, I will ride ONLY on the back bench of the Pedal Mill. The bicycle seats (on the left and right sides of the trolley) have a weight capacity of 260 pounds and could break off if I weigh over that limit.
This Agreement constitutes the sole and entire agreement of the Company and the Releasing Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and the Releasing Parties and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Baltimore City, Maryland and I and the Releasing Parties hereby consent to the exclusive jurisdiction of such courts. I agree that my electronic signature of his Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Today's Date: May 18, 2021