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