Rules and Regulations. No portion of this waiver may be omitted, or changed in any way. Pedal Cruise is of proprietary manufacture, and I agree not to build or cause to build or cause to be built any boat or vehicle of the same or similar construction. I grant Pedal Cruise permission in perpetuity to use photos or video of me for promotional purposes including, but not limited to, use on social media sites.
-The Captian and First Mate are responsible for the tour, and their decisions are final.
-The Captain has final say if it is safe to take the vessel out of the marina and/or come back early due to inclement weather. Tours canceled due to weather after 60 min into the ride will be considered a full tour and no refund will be issued; between the 30-45 min will be offered a refund of half their purchase; between 0-30 min will be offered a full refund.
-All participants on our PUBLIC TOURS must be 18 years, or older, or be accompanied by a parent, or adult guardian. All participants of PRIVATE TOURS must be at least 5 years of age and accompanied by an adult guardian.
-Inappropriate behavior before, during, and after the tour after warnings to cease from our staff will result the boat returning to dock and the offending passenger(s) will be subject to exit the property. Such behavior includes, but is not limited to: extreme intoxication, illegal drug use, littering, dumping of food or beverages, urination or defecation outside the toilet, loitering on the dock property, excessive noise or profanity.
-No weapons of any kind are permitted on Pedal Cruise.
-Children 12 years of age and under must wear USCG approved life jacket at all times while on the dock and vessel. The child's parent must provide a children's USCG Approved Type I, Type II, or Type III life jacket appropriate for the age, weight, and height of the child. (no floaties, swimmies etc).
-We reserve the right to cease consumption of alcoholic beverages to anyone we deem to be intoxicated.
-Any open alcoholic beverages must be discarded IMMEDIATELY when the tour ends. Pedal Cruise crew members will dispose of any open beverages.
-Severe transgressions, including but not limited to those described above will result in Pedal Cruise tour ending immediately and/or causing a fee of up $500 to be charged to the guest's credit card.
-Anyone who purposely goes overboard from the dock or vessel, or puts themselves or others in a position that causes a person to be overboard, will immediately terminate the tour with no refund. This person may also be banned for life and a $500.00 fee assessed per overboard and/or offending person, will be charged to the booking credit card. Police may be informed and waiting at the dock to escort the person(s) off the vessel.
-If a ticket or fine is issued by a municipality because of the behavior of the group, or member of the group, that cost will also be charged to the renters' credit card.
-A cleaning fee of up to $300 may be applied if excessive cleaning is required.
-All laws and rules regarding alcohol apply to all passengers before, during, and after the Pedal Cruise tour. Any person arriving in an intoxicated condition shall not be allowed on Pedal Cruise.
Released Parties include Pedal Cruise 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 of any of the foregoing.
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 upon participants behalf.
Assumption of Inherent Risks: Pedal Cruise (which, as used herein, includes all aspects of the Pedal Cruise experience such as boarding, riding, pedaling & disembarking the craft) and involves inherent risks that cannot be eliminated completely regardless of the care and precautions taken by Pedal Cruise. I understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects, contact with other participants, contact or collision with other water craft; 3) encounter with obstacles in the water or the land; 4) equipment related hazards such as defective or inadequate equipment or equipment that unexpectedly fails; 5) weather-related hazards such as extreme heat, extreme cold, humidity, ice, rain, fog, wind and lightning; 6) inadequate first aid and/or safety measures; 7) judgment and/or behavior related problems of co-participants, the participant, or personnel working for Pedal Cruise; and, 8) natural hazards such as falling objects, contact with wildlife or extreme weather or water conditions. I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts. Serious injuries are less common, but may sometimes occur. They include, but are not limited to: property loss or damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress, and exhaustion. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even 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 unusual risks to my health and well-being. I UNDERSTAND FULLY THE INHERENT RISKS INVOLVED IN THE TOUR AND ASSERT THAT I AM WILLINGLY AND VOLUNTARILY PARTICIPATING IN THE TOUR.
Cancellation and Rescheduling: Tickets are fully refundable 7 days in advance of the event. Up to 48 hours in advance of the event tickets may be transferred to another date or to store credit. WITHIN 48 HOURS OF THE EVENT TICKETS ARE NONREFUNDABLE AND CANNOT BE RESCHEDULED OR CONVERTED TO STORE CREDIT. Exceptions include: In the circumstance that there is extreme wind, lightning, a major storm or mechanical issues, a member of the Pedal Cruise team may cancel, delay or cut short any event at their discretion and Pedal Cruise may offer store credit, rescheduling and refunding options. Milford Public Cruises must have a minimum of 10 guests booked at least 24 hours prior to the cruise or the event will need to be rescheduled. All sales are final.
I have read the preceding paragraphs and acknowledge that: 1) I know the nature of the Pedal Cruise tour; 2) I understand the demands of this activity relative to my physical condition; and, 3) 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.
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 Pedal Cruise 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 Pedla Cruise LLC (OR OTHER RELEASED PARTIES) THAT I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THE TOUR. This waiver does not cover willful or wanton negligence. This agreement applies to: 1) personal injury (including death) from incidents or illnesses arising from participation in the tour; and, 2) any and all claims resulting from damage to, loss of, or theft of property.
INDEMNIFICATION AGREEMENT. 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 Pedal Cruise LLC (and other Released Parties) from and against: 1) any and all claims made by me (or any Releasing Party) arising from injury or loss due to my participation in the tour; and, 2) against any and all claims of coparticipants, 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, claims, losses, costs, expenses, and damages, including legal fees and related expenses. This indemnity shall survive the expiration or sooner termination of the tour. Pedal Cruise shall have the right to select its counsel in the event that you are obligated to defend Pedal Cruise under this agreement.
Venue andJurisdiction. I understand that if legal action is brought, the appropriate state or federal trial court has the sole and exclusive jurisdiction and that only the substantive laws shall apply.
Severability. 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 amended to be lawful and enforceable to the broadest and most inclusive extent possible. If it cannot be amended and remain lawful the provisions shall be severed from this agreement and does not affect the validity and enforceability of any remaining provisions. Integration. I affirm that this agreement supersedes 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 Limo Cycle regarding the subject matter set forth herein and cannot be changed or modified in anyway be representations or statements by any agent or employee of Pedal Cruise. 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 the tour shall exclusively be submitted to binding arbitrationin accordance with the applicable rules of the American Arbitration Associationthen in effect. The cost of such action shall be shared equally by the parties.
Acknowledgement of Understanding.I have read this agreement and fully understand its terms. I understand that I am giving up substantial rights, 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 Pedal Cruise LLC (and other Released Parties) or the INHERENT RISKS of the activity,to the greatest extent allowed by law. I understand that this agreement applies to all future uses of Pedal Cruise.