In consideration of the risk of injury while participating in Bum’s Bike & Brew party bike (the “Activity”), and as consideration for the right to participate in the Activity, I, (name printed on page 2), hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Bum’s Bike & Brew, their affiliates, managers, members, agents, attorneys, staff volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
RELEASE OF LIABILITY
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Bum’s Bike & Brew against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Bum’s Bike & Brew incurs any of these types of expenses, I agree to reimburse Bum’s Bike & Brew.I acknowledge that Bum’s Bike & Brew and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any part or entity conducting a specific event or activity on behalf of Bum’s Bike & Brew.
I acknowledge that Bum’s Bike & Brew and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any part or entity conducting a specific event or activity on behalf of Bum’s Bike & Brew.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJIURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Bum’s Bike & Brew AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Bum’s Bike & Brew FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Bum’s Bike & Brew, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Bum’s Bike & Brew agree that this Agreement is clean and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or potion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remained of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
It is my responsibility to follow all laws, ordinances, rules and regulations at all times while participating in the Activities. I also understand that I am expected to avoid inappropriate behavior on the Activities. These rules include, but are not limited to:
1. All riders must be 21 years of age or older.
2. All laws and rules regarding alcoholic beverages apply to all passengers before, during and after the tour and must be in compliance of the local municipal laws.
3. Any person arriving in an intoxicated condition shall not be allowed to board Bum’s Bike & Brew.
4. Bum’s Bike & Brew Driver is responsible for Bum’s Bike & Brew and his/her decisions are final.
5. Any and all open alcoholic beverages will be collected and discarded five minutes before the tour ends.
6. Inappropriate behavior will result in the offending passenger*(s) being asked to disembark immediately. No refund will be issued to passenger(s) asked to disembark and may result in forfeiture of any applicable deposits. Passenger(s) will be responsible for their own transportation from point of disembarking. Inappropriate behavior includes, but is not limited to:
- Extreme intoxication
- Foul Language or gestures
- Giving alcohol to non-passengers
- Public urination/vomiting
- Excessive noise/screaming
Any violations of the above restrictions may result in the driver ending the tour immediately and causes a minimum $300 Late/Violation Fee to be charged to the renter’s credit card. No refund will be issued for tours ended early due to passenger behavior.
I understand that Bum’s Bike & Brew collects, records, publishes, posts, transmits, and displays audio/visual “media” (images, recordings, videos, and other media). With this understanding, I give permission to Bum’s Bike & Brew to collect, record (on film or otherwise), publish, post, display and transmit such media for any purpose. I hereby voluntarily release and hold harmless Bum’s Bike & Brew, its directors, employees and agents acting officially or otherwise, from all manner of suits, actions, claims, demands, and liabilities which may arise from such media participation. I understand that all media remains the property of Bum’s Bike & Brew, and waive all rights to royalties, entitlements, payments, or any other compensation or quid pro benefits which might arise from Bum’s Bike & Brew’s acquisition, storage, display, publication, posting, or distribution of media of myself as described herein.
I, the undersigned participant, affirm that I am of the age of 21 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it at my own free will.
Today's Date: August 26, 2019