Today's Date: May 28, 2020
I understand that operating and riding the Pedal Wagon is a potentially dangerous activity. I assume the risk that I may be seriously injured and/or injure someone else while using the Pedal Wagon. I assume all risks associated with my use of the Pedal Wagon, and will not bring any action against Unplugged LLC, or any of its subsidiaries, owners, managers, officials, agents, employees, volunteers, successors, or assigns (together with Unplugged LLC, the "Releasees"), for personal injury, property loss, or property damage, including any action for negligence, breach of warranty, product liability, or strict liability. I further agree to release, indemnify and hold harmless the owners Releasees and manufacturers of the Pedal Wagon from any liability against any and all claims, including damages or demands of third parties as a result of my use of the Pedal Wagon, whether caused by the negligence of the Releasees or otherwise.
While riding the Pedal Wagon, customers are subject to being in images that may be used for marketing purposes. I hereby grant the Pedal Wagon permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Pedal Wagon and will not be returned. I hereby irrevocably authorize the Pedal Wagon to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge the Pedal Wagon from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
All city, state, and federal laws and rules apply to Pedal Wagon passengers before, during, and after Pedal Wagon cruises and I acknowledge and agree that any violation of any of such laws or rules shall be within the scope of the foregoing sentence. Without limiting the foregoing, I specifically acknowledge and agree that the State of Kentucky imposes limitations on the amount of alcohol that a person may possess while on the Pedal Wagon and that I will comply with such limitations at all times during my use of the Pedal Wagon.
Inappropriate behavior before, during, and after cruises will result in the offending passenger(s) being asked to un-board the Pedal Wagon, and the passenger's subsequent responsibility to find their own way home. Behavior considered "inappropriate" is left to the discretion of the Pedal Wagon Guide.
Inappropriate behavior includes, but is not limited to:
- Possession of an open container of alcohol while on the Pedal Wagon in excess of the limitations established by the State of Kentucky.
- Possession of liquor, or liquor based items such as jello shots, gummy bears, pre-mixed drinks, and consealed containers such as plastic bottles and flasks
- Excessive intoxication (vomiting, falling off, etc)
- Excessive Loudness
- Public urination, indecent exposure
- Verbal or physical harassment of other riders, the Guide, or third parties
- Refusal to yield to the requests of the Pedal Wagon Guide
- Physically endangering themselves by acting careless on the bike (i.e. jumping off the moving Pedal Wagon, pushing others, etc.)
All city, state, and federal laws and rules apply to Pedal Wagon passengers before, during, and after Pedal Wagon cruises. At no time during my use of the Pedal Wagon will I allow myself to be in an excessively intoxicated condition. Any person arriving in an intoxicated condition shall not be allowed on the Pedal Wagon.