BY SIGNING THIS DOCUMENT I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BIRMINGHAM PEDAL TOURS LLC d/b/a BIRMINGHAM PEDAL TOURS, AN ALABAMA LIMITED LIABILITY COMPANY (“BPT”).
I desire to participate in the services and activities provided by BPT (the “Activity”), including, without limitation, to drive, operate, ride or be a passenger in any vehicle (as used herein, “vehicle” shall include any pedal bus owned or operated by the BPT), whether the vehicle is owned by BPT, me, or any other party, or otherwise enter any area where the Activity takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activity. In consideration of being permitted to participate in the Activity, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this “Release and Waiver”).
This Release and Waiver shall be binding upon and enforceable against me, my spouse, my children, my parents, my personal representatives, assigns, insurers, heirs, successors, and next-of-kin without limitation (collectively referred to herein as the “Releasing Parties”). It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by Alabama Law. If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect (including the modification of the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy). The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between BPT and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. The headings contained herein are for reference only and shall not affect the interpretation of this Release and Waiver.
I, the undersigned, hereby irrevocably and unconditionally agree for myself and the Releasing Parties (for purposes of the provisions below, the words “my”, “I”, “me” or any other personal pronoun or adjective shall be interpreted to include myself individually and on behalf of the Releasing Parties) as follows:
1. ASSUMPTION OF RISK. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. The foregoing consequences may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
2. RELEASE FROM LIABILITY. I fully and forever release and discharge BPT and its respective affiliates, directors, officers, shareholders, equity owners, employees, agents, operators, insurers, and all other persons or entities involved in the Activity (collectively referred to herein as “Sponsor”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of Sponsor or myself.
3. INDEMNITY. I will defend, indemnify, hold harmless and reimburse Sponsor from and for all damages, losses, costs or expenses (including attorneys’ fees and legal fees) incurred by Sponsor or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Activity. I will reimburse Sponsor if anyone makes a claim against Sponsor in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
4. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Sponsor, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Sponsor responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of Sponsor or myself. I waive my insurers' right to make a claim against Sponsor based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against Sponsor.
5. MEDICAL EXPENSES. I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident or injury, or medical emergency resulting from or in connection with my participation in the Activity and understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation. The foregoing sentence shall in no way create or impose any duty or obligation on behalf of Sponsor to provide (or cause to be provided) medical treatment to me in any circumstances.
6. REPRESENTATIONS. I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I agree to bear the cost of such injury or damage myself. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to drive or ride in a vehicle or otherwise participate in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity. I agree and understand that the weight limit for any individual participant in the Activity is 275 pounds. I understand that this requirement is for my own safety and that I will not participate in the Activity if I am above such weight limit.
7. COVENANTS. I will follow any and all instructions, recommendations, and cautions of Sponsor at all times during the Activity, including, without limitation, in respect of my operation of any vehicle in connection with the Activity or other participation in the Activity. I will comply with all Alabama Laws while participating in the Activity. I will participate in the Activity in a safe manner and will observe all traffic laws. I understand that failure to abide by the instructions, recommendations, and cautions of the Sponsor could result in the early termination of the Activity without a refund. I agree that if my group fails to initially arrive for the Activity or prematurely abandons the Activity, I authorize a penalty of $200 to be charged to my credit card on file.
8. PUBLICITY. I hereby grant Sponsor, without limitation, the right to use my name and likeness, photographs or other media recordings of me in connection with the Activity for any publicity without further compensation or my permission. I also consent to receiving an email from the Sponsor requesting for feedback on my experience.
I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable Alabama laws, ordinances, statutes, rules, and regulations (collectively, “Alabama Law”), and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY ALABAMA LAW OR ANY RIGHTS GRANTED TO ME UNDER ALABAMA LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under Alabama Law.
I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF SPONSOR IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY, INCLUDING, WITHOUT LIMITATION, TO DRIVE, OPERATE, RIDE OR BE A PASSENGER IN ANY VEHICLE PROVIDED BY ME, SPONSOR, OR OTHER PARTIES.
BY SIGNING BELOW, I AGREE THAT I HAVE READ THIS RELEASE AND WAIVER, FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SPONSOR, AND HAVE SIGNED THIS RELEASE AND WAIVER FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME. I ACKNOWLEDGE THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE RELEASE AND WAIVER, AND IF I DID NOT FULLY UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND WAIVER, I WOULD CONSULT AN ATTORNEY PRIOR TO SIGNING THIS RELEASE AND WAIVER.
Date Signed: February 21, 2019