- RULES AND REGULATIONS, ASSUMPTION OF INHERENT RISKS, MEDICAL RELEASE, WAIVER OF LIABILITY, INDEMNITY AGREEMENT, CONSENT TO USE PICTURE(S), VIDEO(S) OR LIKENESS(ES) AND PARTICIPATION AGREEMENT FOR Sactown Bike Bus, LLC.
ALL PARTICIPANTS MUST READ THIS DOCUMENT CAREFULLY BEFORE SIGNING AS IT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ELIMINATE YOUR ABILITY TO BRING CERTAIN LEGAL ACTIONS AGAINST Sactown Bike Bus, LLC.
RULES AND REGULATIONS
The Sactown Bike Bus, LLC is of proprietary manufacture, and I agree not to build, or cause to build, or cause to be built any vehicle of the same or similar construction.
- All participants on tours that are served alcohol must be 21 years of age or older.
- The Sactown Bike Bus, LLC employees are responsible for the tour, and their decisions are final.
- Inappropriate behavior before, during, and after the tour will result in the offending passenger(s) being asked to disembark and/or termination of the Sactown Bike Bus vehicle/tour and subject to a fine. Such behavior includes, but is not limited to:
- Extreme intoxication
- Disembarking the Sactown Bike Bus, LLC Bike Bus Vehicle with an open alcoholic beverage.
- Disembarking from the Sactown Bike Bus, LLC Bike Bus Vehicle while said vehicle is in motion
- Providing alcohol to non-passengers
- Public urination
- Loitering more than ten minutes after the tour
- Excessive noise or profanity
- High-fiving pedestrians
- Standing while the Sactown Bike Bus, LLC Bike Bus Vehicle is in motion
- Standing or climbing onto on any part the Sactown Bike Bus, LLC Bike Bus Vehicle not intended for such use, including but not limited to a passenger seat, table, or roof
- Damage to the Sactown Bike Bus, LLC Bike Bus Vehicle
- Inappropriate behavior determined by Sactown Bike Bus, LLC staff.
- Any open alcoholic beverages must be discarded IMMEDIATELY when the tour ends. Sactown Bike Bus, LLC team members will dispose of any open beverages.
- All food and beverage containers must be discarded in an appropriate trash receptacle.
Severe transgressions, including but not limited to those described above, will result in the Sactown Bike Bus, LLC tour ending immediately and causing a late/damage/behavior fee of $500.00 to be charged to the renters credit card. The parties agree that it would be impractical and extremely difficult to determine the actual damages in the event of such a breach of this agreement. Thus, the parties agree that liquidated damages in the sum of $500.00 shall be paid by you if such a breach of this contract occurs. The parties agree that this amount is a reasonable estimate of any actual damages. The parties intend this provision to constitute liquidated damages pursuant to California Civil Code § 1671. If a ticket is issued by a municipality because of the behavior of the group, that cost will also be charged to the renters credit card. All laws and rules regarding alcohol apply to all passengers before, during and after the Sactown Bike Bus,, LLC tour. Any person arriving in an intoxicated condition shall not be allowed on the Sactown Bike Bus, LLC tour.
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. By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Sactown Bike Bus, LLC RECOMMENDS THE USE OF A HELMET AT ALL TIMES DURING THE TOUR AND PROVIDES A HELMET FOR USE ON THE TOUR FREE OF CHARGE. By law, participants under 18 years of age MUST accept and wear a helmet.
RESTRICTIONS ON ALCOHOL CONSUMPTION ON BIKE
I will not bring beer onto the bike that has an ABV higher than 7% nor will I bring wine contained in anything other than a box. I will not bring any hard liquor, pre-mixed drinks, or gelatin based alcohol shots onto the bike. I understand that alcoholic beverages allowed on board are limited to 36oz of beer or 18oz of wine per passenger. I understand that I may only bring closed, sealed, unopened containers onto the Bike with the appropriate labels. I understand that non-compliance of this provision can result is immediate confiscation of the alcohol beverage(s) brought onto the vehicle, and in some cases, termination of the tour. I further understand that if any passenger on the bike is under the age of 21, that I am not permitted to drink on the bike.
Parties released include Sactown Bike Bus, LLC and its directors, officers, agents, contractors, insurers, spectators, equipment suppliers, and volunteers, event sponsors, organizers, promoters, directors, officials, property owners, and advertisers, governmental bodies and/or municipal agencies whose property and/or personnel are used and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives.
Releasing parties include the participant as well as the participants spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns or anyone else who might claim or sue open participants behalf.
ASSUMPTION OF INHERENT RISKS
Sactown Bike Bus, LLC includes all aspects of the Sactown Bike Bus, LLC tour such as boarding the Sactown Bike Bus Vehicle, partaking in any of the Sactown Bike Bus tours and events, riding of the Sactown Bike Bus Vehicle, pedaling the Sactown Bike Bus Vehicle, and disembarking from the Sactown Bike Bus Vehicle. It involves inherent risks that cannot be eliminated completely regardless of the care and precautions taken by Sactown Bike Bus, LLC. I understand and acknowledge that the inherent risks include, but are not limited to:
- Contact or collision with persons or objects, contact with other participants, contact or collision with motor vehicles or machinery, including the Sactown Bike Bus, LLC Bike Bus Vehicle;
- Equipment related hazards such as defective or inadequate equipment or equipment that unexpectedly fails;
- Dangerous environmental/weather-related hazards such as extreme heat/cold, heavy wind, humidity, ice, rain, fog, lightning, blizzards, snow, hail, tornados, and thunderstorms;
- Inadequate first aid and/or safety measures;
- Judgment and/or behavior related problems of co-passengers, the participant, or released parties of Sactown Bike Bus, LLC; and
- Natural hazards such as irregular terrain, falling objects, contact with wildlife or poisonous plants, and encounters of road/surface hazards;
- Pedaling might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals resulting in physiological changes such as abnormal blood pressure, fainting, shortness of breath, wheezing, chest pain, itchiness, disorders in heartbeat, heart attack, and, in rare instances, death.
I acknowledge that participation in Sactown Bike Bus, LLC activities or any activities incidental thereto is potentially hazardous and involves certain risks of injury, including, but not limited to, lacerations, pulls and strains, concussions, broken bones, loss of limb(s), paralysis, or death. I acknowledge that these injuries of outcomes may arise from my own or others actions, inaction or negligence. I am voluntarily participating in Sactown Bike Bus, LLC activities with the knowledge of the danger involved and herby accept any and all inherent risks of property damage, personal injury, or death.
I also understand that it is my responsibility to consult with my personal physician prior to participating on the tour to ensure that such participation will not pose adverse risks to my health. I understand fully the inherent risks involved in the tour and assert that I am willingly and voluntarily participating in the tour.
I have read the preceding paragraphs and acknowledge that:
- I know the nature of the Sactown Bike Bus, LLC tour;
- I understand the demands of this activity relative to my physical condition; and
- I appreciate the potential impact of the types of injuries that may result from the tour.
- I hereby assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in the tour.
I hereby declare that I have determined myself to be physically competent to participate with Sactown Bike Bus, LLC activities. Furthermore, in the event of accident or illness of an emergency nature, and because I may be unable to select or approve of the required medical treatment, I hereby authorize Sactown Bike Bus, LLCs employee(s) or Releasee representative(s) to arrange for such care as is available and necessary; and do further release and forever discharge the individuals providing such care and the Releasees from any and all claims, demands and causes of action arising out of said authorization.
WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE
In consideration for being permitted to participate in the tour, I (on behalf of the releasing parties) hereby forever waive, release, covenant not to sue, and discharge Sactown Bike Bus, LLC and the other released parties from any and all claims resulting from the inherent risks of the tour or the ordinary negligence, implied or otherwise, of Sactown Bike Bus, LLC (or other released parties) that I may have arising out of my participation in the tour. This agreement applies to personal injury (including death) from incidents or illnesses arising from participation in the tour and any and all claims resulting from damage to, loss of, or theft of property.
In consideration of being permitted to participate in the tour and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to hold harmless, defend and indemnify Sactown Bike Bus, LLC (and other released parties) from and against:
- Any and all claims made by me (or any releasing party) arising from injury or loss due to my participation in the tour; and
- Against any and all claims of co-passengers, rescuers, and others arising from my conduct in the course of my participation in the tour.
For the purposes hereof, claims includes all actions and causes of action, litigation, claims, losses, costs, expenses, and damages, including legal fees and related expenses. This indemnity shall survive the expiration or termination of the tour. Sactown Bike Bus, LLC shall have the right to select its counsel in the event that you are obligated to defend Sactown Bike Bus, LLC under this agreement.
VENUE AND JURISDICTION
I understand that if legal action is brought, California has the sole and exclusive jurisdiction and that only the substantive laws shall apply.
I understand and agree that this agreement is intended to be as broad and inclusive as is permitted and that if any provision shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be amended to be lawful and enforceable to the broadest and most inclusive extent possible. If it cannot be amended and remain lawful, the provision shall be severed from this agreement and does not affect the validity and enforceability of any remaining provisions.
I affirm that this agreement supersedes any and all previous oral or written promises or agreements regarding the subject matter set forth herein. I understand that this is the entire agreement between me and Sactown Bike Bus, LLC regarding the subject matter set forth herein and cannot be changed or modified in any way by representations or statements or by any agent or employee of Sactown Bike Bus, LLC. This agreement may only be amended by a written document duly executed by all parties.
MEDIATION AND ARBITRATION
In the event of a dispute over this agreement, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies or claims arising out of my participation in Off the Chain LLCs activities shall be exclusively submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The parties shall share the cost of such action equally.
CONSENT TO USE PICTURE(S), VIDEO(S) OR LIKENESS(ES)
Furthermore, I also acknowledge that Sactown Bike Bus, LLC may have occasion to take pictures and videos of Sactown Bike Bus, LLCs activities in which I am participating and I give to Sactown Bike Bus, LLC the absolute right and permission to use any picture(s), video(s), or likeness(es) of me, taken or created by an agent of Sactown Bike Bus, LLC, either singularly or included in whole or in part, or composite or distorted in character or form, in conjunction with my own or a fictitious name, or reproductions in color, or otherwise, for, as part of or in conjunction with any future use(s).
ACKNOWLEDGEMENT OF UNDERSTANDING
I have carefully read this form and fully understand that by signing this form I understand that I am giving up my legal rights and/or remedies, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be complete and unconditional release of all liability due to Ordinary Negligence of the Sactown Bike Bus, LLC (and other released parties) or the Inherent Risks of the activity, to the greatest extent permitted by the law of the state of California. I understand that this agreement applies to all future uses of the Sactown Bike Bus, LLC.
TODAY'S DATE: August 16, 2018