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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Pedal Crawler Tours Tucson LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Arizona Party Bike"), I hereby agree to release, indemnify, and discharge Arizona Party Bike, 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: exposure to COVID19 or other viruses; accidents involving other 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; my own physical condition, and the physical exertion associated with this activity.

Furthermore, Arizona Party Bike 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 might misjudge 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. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Arizona Party Bike 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 Bike’s equipment or facilities, including any such claims which allege negligent acts or omissions of Arizona Party Bike.

4. Should Arizona Party Bike 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. I hereby give Arizona Party Bike the irrevocable right to use my name, picture, photograph, portraits, visual likeness, or voice in all forms and media in all manners, including photo, film, audio and video representations, for non-profit, public purposes, and I hereby waive any right to inspect or approve the finished product that may be created in connection therewith.

7. In the event that I file a lawsuit against Arizona Party Bike, I agree to do so solely in the state of Texas, 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.

8. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

9. Arizona Party Bike has put in place preventative measures to reduce the spread of COVID-19; however, Arizona Party Bike cannot guarantee that you or other participants will not become infected with COVID-19. Further, participating in a Arizona Party Bike activity could increase your risk of contracting and spreading COVID-19. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in this activity and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Arizona Party Bike or its partners may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Arizona Party Bike employees, other participants and other members of the public. 

I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Arizona Party Bike, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Arizona Party Bike activity. By signing this document, I acknowledge that if anyone is hurt or property is damaged or I am exposed to or contract COVID19 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 also agree that this document is valid for subsequent visits and participation at Arizona Party Bike.

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: June 6, 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*
Check to receive exclusive discounts and news from Arizona Party Bike.
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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