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 Off the Chain Bike Tours.
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 Off the Chain Bike Tours.
RULES AND REGULATIONS
The Off the Chain Bike Tours 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.
Glass is strictly prohibited. NO glass is allowed on the Sactown Bike Bus Tours.
The Off the Chain Bike Tours 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:
Disembarking the Off the Chain Bike Tours Bike Bus Vehicle with an open alcoholic beverage.
Disembarking from the Off the Chain Bike Tours Bike Bus Vehicle while said vehicle is in motion
Providing alcohol to non-passengers
Loitering more than ten minutes after the tour
Excessive noise or profanity
Standing while the Off the Chain Bike Tours Bike Bus Vehicle is in motion
Standing or climbing onto on any part the Off the Chain Bike Tours Bike Bus Vehicle not intended for such use, including but not limited to a passenger seat, table, or roof
Damage to the Off the Chain Bike Tours Bike Bus Vehicle
Inappropriate behavior determined by Off the Chain Bike Tours staff.
Any open alcoholic beverages must be discarded IMMEDIATELY when the tour ends. Off the Chain Bike Tours 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 Off the Chain Bike Tours tour ending immediately and causing a late/damage/behavior fee of $500.00 to be charged to the renter’s 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 renter’s credit card. All laws and rules regarding alcohol apply to all passengers before, during and after the Off the Chain Bike Tours tour. Any person arriving in an intoxicated condition shall not be allowed on the Off the Chain Bike Tours 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.
Off the Chain Bike Tours 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 Off the Chain Bike Tours and its officers, directors, contractors, agents, 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, supervisors, board members, insurers, agents, equipment suppliers, and representatives.
Releasing parties include the participant as well as the participant’s spouse, children, parents, guardians, next of kin, heirs, 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
Off the Chain Bike Tours includes all aspects of the Off the Chain Bike Tours 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 Off the Chain Bike Tours. I understand and acknowledge that the inherent risks include, but are not limited to:
Dangerous environmental/weather-related hazards such as extreme heat/cold, heavy wind, humidity, ice, rain, fog, lightning, blizzards, snow, hail, tornados, and thunderstorms;
Contact or collision with persons or objects, contact with other participants, contact or collision with motor vehicles or machinery, including the Off the Chain Bike Tours Bike Bus Vehicle;
Inadequate first aid and/or safety measures;
Natural hazards such as irregular terrain, falling objects, contact with wildlife or poisonous plants, and encounters of road/surface hazards;
Equipment related hazards such as defective or inadequate equipment or equipment that unexpectedly fails;
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; and
Judgment and/or behavior related problems of co-passengers, the participant, or released parties of Off the Chain Bike Tours;
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 other’s 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 understand the nature of the Off the Chain Bike Tours tour;
I understand the demands of this activity relative to my physical condition; and
I understand the potential impact of the various 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 Off the Chain Bike Tours 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 Off the Chain Bike Tours’s 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 release, waive, covenant not to sue, and discharge Off the Chain Bike Tours 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 Off the Chain Bike Tours (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 illnesses or incidents 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 Off the Chain Bike Tours (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, losses, claims, expenses, costs, and damages, including legal fees and related expenses. This indemnity shall survive the expiration or termination of the tour. Off the Chain Bike Tours shall have the right to select its counsel in the event that you are obligated to defend Off the Chain Bike Tours 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 inclusive and broad 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 agreements or promises regarding the subject matter set forth herein. I understand that this is the entire agreement between me and Off the Chain Bike Tours 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 Off the Chain Bike Tours. 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 Sactown Bike Bus LLC’s 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 Off the Chain Bike Tours may have occasion to take pictures and videos of Off the Chain Bike Tours’s 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 Off the Chain Bike Tours, 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 Off the Chain Bike Tours (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 Off the Chain Bike Tours.
ELECTRONIC SIGNATURE CONSENT
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes if necessary.
TODAY'S DATE: October 26, 2021