RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION & BINDING ARBITRATION AGREEMENT
Notice – By signing this document you may be waiving certain legal rights, including the right to sue.
Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement
In consideration of being allowed to use the facilities, vessels, and participate in parasailing and other activities (collectively the “Activities”) provided by Hungry Town Tours, Inc. (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree to the fullest extent permitted by law, as follows:
- TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”);
- TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent act is or conduct of the Host, its owners, affiliates, operators, employees, agents, an/or officers. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death. These inherent risks include, but are not limited to, operator, captain, and/or crew error, changing weather conditions, and equipment failure;
- TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and use of the Equipment. The Participant and his/her parent(s) or legal guardians(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent act is or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
- TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in Activities and/or use of the Equipment.
Bicycle Laws for Rentals and Tours
In North Carolina, the bicycle has the legal status of a vehicle. This means that bicyclists have full rights and responsibilities on the roadway and are subject to the regulations governing the operation of a motor vehicle.
North Carolina traffic laws require bicyclists to:
- Ride on the right in the same direction as other traffic.
- Obey all traffic signs and signals. Bicyclists must obey all stop signs and red lights.
- Use hand signals to communicate intended movements.
- Helmets are required for children under the age of 16.
- Wear a bicycle helmet on public roads, public paths and public rights-of-way. Helmets mandatory for bicyclists under 16 years old.
- No riding on sidewalks.
- Yield to pedestrians and stop for people at crosswalks.
- Drinking and driving laws apply to bicyclists.
Remember, the bicyclist always loses in a conflict with a motor vehicle. Ride defensively in a predictable manner to avoid accidents. Be courteous to other drivers.
To help enhance your safety the following precautions are recommended:
- Always wear a helmet.
- Use a backpack or bicycle bag to carry goods.
- Avoid biking at night. Our bicycles are not equipped for night ridding and can only be used for riding from sunrise to sunset.
- When riding with a group, ride single file.
- Wear bright clothes to increase visibility.
Local guidelines and tips:
- Riding bicycles on the Beaufort boardwalk is not permitted.
- Riders should respect their surroundings when riding through the historic district and residential areas.
- Be aware of cars backing up from diagonal parking spaces on Front Street and parking lots. Watch for backup lights. Drivers may not see you.
- Use extreme caution when passing parallel parked cars as car doors may open into the street.
- Make sure your shoelaces are tied tight, so they do not wrap around the pedals.
Release Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment, facilities, and vessels before any participation.
The Participant and his/her parent(s) or legal guardians(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove immediately bring said hazard or condition to the attention of the Host.
The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant’s participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the extermination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators, In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the part-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and Country where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in the Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid.
NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Date: September 30, 2020