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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

          In consideration of the services of Pedal Crawler Tours Tucson LLC dba Arizona Party Bike, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "AZPBL"), I hereby agree to release, indemnify, and discharge AZPBL, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1.       I acknowledge that my participation in party bike activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: accidents involving vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the vehicle; falls from the vehicle, all of which could cause, strains, sprains, cuts, bruises, broken bones; the negligence of other participants, or other persons who may be present; the negligence of other operators of motor vehicles or myself; musculoskeletal injuries including head, neck, and back injuries; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; the condition of roads, or terrain, and accidents connected with their use; equipment failure; consumption of food, drink or alcohol; improper lifting or carrying; transmissible pathogens or diseases; my own physical condition, and the physical exertion associated with this activity. Traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; the machine itself may fail; and accidents can occur getting in or out of party bike.

          Furthermore, AZPBL personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They mightmisjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

2.       I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

3.       Indemnity, release and hold harmless agreement in favor of AZPBL. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless AZPBL from any and all claims, demands, or causes of action based upon
or arising out of injuries, including death, to persons, or damages to or destruction of property, sustained or alleged to have been sustained in connection with, arising out of, or in any way related to my participation in this activity ormy use of AZPBL’s equipment or facilities, including any such claims, demands or causes of action which are based or founded, in whole or in part, upon the alleged negligent acts or omissions of AZPBL.

4.       Should AZPBL or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5.       I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6.       In the event that I file a lawsuit against AZPBL, I agree to do so solely in the state of Arizona, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

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 AZPBL on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at AZPBL.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Today's Date: August 7, 2020

First Rider's Name

First Name*

Last Name*

Phone*
First Rider's Date of Birth*
First Rider's Signature*
Second Rider's Name

First Name*

Last Name*
Second Rider's Date of Birth*
Third Rider's Name

First Name*

Last Name*
Third Rider's Date of Birth*
Fourth Rider's Name

First Name*

Last Name*
Fourth Rider's Date of Birth*
Fifth Rider's Name

First Name*

Last Name*
Fifth Rider's Date of Birth*
Sixth Rider's Name

First Name*

Last Name*
Sixth Rider's Date of Birth*
Seventh Rider's Name

First Name*

Last Name*
Seventh Rider's Date of Birth*
Eighth Rider's Name

First Name*

Last Name*
Eighth Rider's Date of Birth*
Ninth Rider's Name

First Name*

Last Name*
Ninth Rider's Date of Birth*
Tenth Rider's Name

First Name*

Last Name*
Tenth Rider's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
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At which location are you riding?
Please Choose Your Location:*
In addition to the PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK agreed to above, please check each box below to acknowledge the party bike rules:
I have been offered a helmet and I:*
Choose NOT to wear a helmet for the duration of the tour.
Choose to wear a helmet for the duration of the tour.
I will not do the following (check each): *
Become excessively intoxicated.
Bring glass or hard liquor on board the vehicle in violation of local laws.
Remove open containers from the vehicle or step off the vehicle with an open container.
Jump off the vehicle while it is in motion.
Stand up from my seat while the vehicle is moving.
Shout obscenities or use abusive language towards pedestrians, other vehicles, the police, or the driver.

The following are the symptoms of COVID-19:

  • Cough

  • Repeated shaking with chills

  • Muscle pain

  • Headache

  • Sore throat

  • Loss of taste or smell

  • Diarrhea

  • Feeling feverish or have a temperature greater than 100F

  • Known close contact with a person who is lab confirmed to have COVID-19

  • Chills

  • Shortness of breath or difficulty breathing

By clicking "yes", I affirm that do not have any of the symptoms of COVID-19. I understand that I cannot participate in this activity if I have symptoms of COVID-19, in which case I will click "no", alert a staff member, and remove myself from the activity.*
Yes
No
I understand that (check each): *
Failure to obey the rules may result in being removed from this activity without refund.
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.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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