Waiver and Release of Liability
I, the undersigned user, acknowledge and understand that during my use of the Letnes Bike Tours LLC (dba “Omaha Patio Ride") Patio Ride/Party Ride vehicle ("Vehicle") operated by Omaha Patio Ride, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in travelling in a vehicle, quadricycling, recreation, exercise and related activities. These inherent risks include, but are not limited to, the dangers of serious personal injury, death and property loss or damage ("Injuries and Damages") resulting from, but not limited to: (i) physical exercise and exertion; (ii) physical contact with other vehicles, other individuals and road hazards; (iii) falling or tripping due to road hazards, uneven surfaces or debris; (iv) falling from heights, including falling off the Vehicle; (v) other hazards associated with travel in a vehicle; and (vi) personal items stolen while on a tour. I further acknowledge and understand these Injuries and Damages cannot be eliminated without destroying the unique character of the Vehicle.
I fully understand that Omaha Patio Ride has not tried to contradict or minimize my understanding of these risks. I know that Injuries and Damages can occur by natural causes or activities of other persons, other users, staff of Omaha Patio Ride or other third parties, either as a result of negligence or because of other reasons. I understand the risks of such Injuries and Damages involved in the Vehicle and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further understand that there may not be medical personnel or medical facilities or expertise necessary to deal with the Injuries and Damages to which I may be exposed. In consideration for my acceptance as an eligible user of the Vehicle, and the services and amenities provided by Omaha Patio Ride in connection with the Vehicle, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING: RELEASE OF LIABILITY. To the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS Omaha Patio Ride and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, "Released Parties") from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my death or personal injury relating to my use of the Vehicle, even if caused by NEGLIGENCE of the Released Parties. Such negligence could involve (a) negligent operation and supervision of the Vehicle, (b) negligent maintenance or operation of the equipment or Vehicle in general, (c) negligent manufacture of or use of equipment to be used in the Vehicle, including the Vehicle itself, and (d) the negligent provision of emergency response services. I understand and intend that the assumption of risk and release is binding upon my heirs, executors, administrators and assigns. I am also aware the Omaha Patio Ride takes photographs and videos and uses them on public websites and can be viewed by anyone. I give them permission to use the pictures and videos they take unless I note otherwise on the bottom.
I understand and consent to the following rules:
1. I understand that there is only to be beer/wine/malt liquors aboard the Vehicle (no glass or hard liquor)
2. That alcohol must remain on the Patio Ride bike and must only be consumed on the bike.
3. I understand that I will be held responsible for abiding by Omaha’s public alcohol laws of open container of intoxicants as well as public intoxication. I accept the responsibility for any violation of Omaha’s public drinking laws.
4. Inappropriate behavior will result in the offending passenger being dismissed immediately – no refund will be given to the group or that person – passengers will be responsible for transportation post dismissal. Inappropriate behavior includes, but is not limited to:
a. Intoxication b. Giving alcohol to non-passengers c. Foul language or gestures d. Littering e. Public urination/vomiting f. loitering/consuming after the tour g Excessive noise
I have read this Waiver and Release of Liability in its entirety and I freely and voluntarily choose to use the Vehicle and assume all risks of Injuries and Damages. I acknowledge my waiver of any right I may have to bargain for different terms of this waiver and recognize that a narrower waiver would increase the costs associated with the Vehicle and/or limit or preclude my use of the Vehicle. By my consent to this waiver, I acknowledge and represent that I am over twenty-one years old and was born on the date I entered previously.
This Waiver and Release is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Waiver and Release is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver and Release shall not be affected thereby and shall remain valid and fully enforceable.
Date: May 28, 2020