In consideration of the services of River Town Pedal Tours DBA the Trolley Party & Paddle Party, I agree to release and discharge River Town Pedal Tours LLC, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. I acknowledge that the activities involved in the use of the River Town Pedal Tours LLC services entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or third parties.
2. I expressly agree to assume all of the risks existing in this activity, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of River Town Pedal Tours LLC or its operators. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless River Town Pedal Tours LLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of River Town Pedal Tours LLC equipment and facilities, including any such claims which allege negligent acts of omissions of River Town Pedal Tours LLC. I agree that I am responsible for keeping my seat belt fastened at all times while on the Trolley Party and that I will inspect it to ensure it is latched properly each time. If my seat belt is not functioning properly I will immediately inform my driver.
4. Should River Town Pedal Tours LLC or anyone acting on their behalf, be required to incur attorney’s fees enforce this agreement; I agree to indemnify and hold them harmless for all such fees.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I agree to bare the cost of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. I agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of North Carolina without regard to its conflict of law rules.
7. I agree to abide by any and all of the TROLLEY PARTY and PADDLE PARTY RULES, which I have been shown. I understand that failure to abide by these rules could result in the early termination of River Town Pedal Tours LLC services without a refund. I understand that if my group abandons the Trolley Party or Paddle Party, I am authorizing a penalty of $200 to be charged the credit card on file.
8. I agree and understand that the weight limit for any individual rider on the Trolley Party is 275 pounds. I understand that this requirement is for my own safety and that I will not ride the Trolley Party vehicle if I am above the weight limit.
9. I agree that any photographs or other media recordings captured of me during my tour may be used by River Town Pedal Tours LLC for commercial purposes. I also understand and give my consent to have audio and/or video footage taken of me during my tour for quality assurance or for review in the case of an accident. I also consent to receiving an email asking for feedback from my experience.
10. I understand and agree that if I request a to wear a helmet in this waiver, it will be my responsibility to request the helmet once I board the Trolley Party.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against River Town Pedal Tours LLC on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTAND IT AND I AGREE TO BE BOUND BY ITS TERMS.
Date: October 20, 2020