In consideration of the services of Pedal Crawler Tours Tucson, LLC, dba Arizona Party Bike, I agree to release and discharge Pedal Crawler Tours Tucson, LLC, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. I acknowledge that the activities involved in the use of the Arizona Party Bike service entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or third parties.
2. I expressly agree to assume all of the risks existing in this activity, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of Arizona Party Bike, its operators, or the manufacturer. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Arizona Party Bike, its operators, and the manufacturer from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Arizona Party Bikes equipment and facilities, including any such claims which allege personal injury, property loss, or property damage by the activity or Arizona Party Bike, including any act of negligence, breach of warranty, products liability or strict liability.
4. Should Arizona Party Bike or anyone acting on their behalf, be required to incur attorneys fees enforce this agreement; I agree to indemnify and hold them harmless for all such fees.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I agree to bear the cost of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. I agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of Arizona without regard to its conflict of law rules.
7. I agree to abide by any and all of the Arizona Party Bike RULES, outlined below, which I have been shown. I understand that failure to abide by these rules could result in the early termination of Arizona Party Bike services without a refund. I understand that if my group abandons the Arizona Party Bike I am authorizing a penalty of $200 to be charged the credit card on file. I also agree that any photographs or other media recordings may be used by Arizona Party Bike for commercial purposes. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Arizona Party Bike on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTAND IT AND I AGREE TO BE BOUND BY ITS TERMS.
Today's Date: November 14, 2018