SEGWAY TOUR AGREEMENT, ASSUMPTION OF RISK, WAIVER AND RELEASE
BY SIGNING THIS DOCUMENT YOU ARE WAIVING LEGAL RIGHTS AND ENTERING INTO A BINDING RENTAL AGREEMENT IN WHICH YOU ASSUME RISK AND AUTHORIZE CREDIT CARD SUBMISSIONS PURSUANT HERETO. PLEASE READ CAREFULLY. The undersigned hereby rent a SEGWAY HUMAN TRANSPORTER (HT) and for and in consideration of being allowed to rent and participate in a Segway Tour, hereby agree as follows: 1. The undersigned acknowledges that he/she intends this agreement to release, hold harmless and indemnify Absolutely Chicago Gliding Tours, LLC (ACGT), from any liability of any type or nature for injuries or damage of any type or nature to the fullest extent allowed under Illinois Law. I further understand that renting a Segway Human Transporter, (HT) and participating in tour activities is an inherently dangerous activity. Not only the operation of the HT is inherently dangerous, but there is an inherent danger of negligent activity of the operator and other operators, trainer and/or others along the tour routes, including vehicles, bicycle and pedestrian traffic, as well as obstructions and terrain along the route of the tour. 2. I hereby agree to assume all risks associated with the rental of a HT and participation in a tour, including negligence on the part of the trainers or defects in the HT equipment. I further assume all risks that arise from participation in this inherently dangerous activity. 3. By signing below I represent that I am physically capable of operating an HT and have received instruction on operation of the HT, the guidelines for use and a safety helmet and by initialing the below paragraph acknowledge the representations therein. 4. I am at least eighteen (18) years old or twelve (12) to seventeen (17) years old and accompanied by my parent or legal guardian who shall sign below, I weigh at least 100 pounds but not more than 260 pounds and I can climb and descend stairs without support or assistance and have no balance or equilibrium problems, I do not suffer seizures and do not believe I am pregnant. I have vision sufficient for operating a HT and can hear instructions and warnings. 5. The use of handheld devices; i.e., cameras, phones, etc., is strictly prohibited while operating an HT. I understand the tour shall stop from time to time at which time photos or use of other handheld devices is allowed. 6. I understand I am responsible for any damage caused to the HT during my tour. I acknowledge I have reviewed the cost of replacement parts and HT posted at the facility. I have secured this obligation by credit card deposit and I authorize ACGT to submit such cost in the event of damage. I have noted any damage on the HT. I agree not to proceed on the tour if I or the trainer am not satisfied I can safely operate the HT after the basic training provided for participants without financial penalty. 7. I further agree that if I do not follow the rules, regulations and instructions of the tour guide; my tour and/or everyone in my group’s tour shall be immediately terminated and I shall return with the tour guide and HT to the origin point of the tour. In the event I fail to return with the tour guide and the HT to the origin point of the tour or abandon the HT, I will be charged $150.00 for damages and may be charged with theft. 8. I hereby RELEASE, WAIVE, DISCHARGE AND COVENENT NOT TO SUE ACGT, THEIR OWNERS, AFFILIATES, EMPLOYEES, TRAINERS, OPERATORS, PARENT COMPANIES, OFFICERS AND DIRECTORS. I AGREE TO INDEMNIFY AND HOLD HARMLESS ACGT FOR ANY AND ALL COSTS OR EXPENSES IT MIGHT INCUR AS A RESULT OF ANY CLAIMS RESULTING FROM MY HT RENTAL AND PARTICIPATION IN A TOUR OR MY DEATH, DISABILITY, PERSONAL INJURY OR PROPERTY DAMAGE. I FURTHER AGREE TO BE RESPONSIBLE TO ACGT FOR ANY AND ALL DAMAGES CAUSED TO THE HT RENTED. I UNDERSTAND THIS OBLIGATION TO INDEMNIFY AND HOLD HARMLESS AND COVENANT NOT TO SUE ACGT APPLIES EVEN IF ACGT WAS NEGLIGENT. I hereby acknowledge I have read and understand this document, including the waiver of my rights for myself and/or the minor participant. Today's Date: November 14, 2024 |