1. The Activity Involves Real RisksYou acknowledge and agree that the Activity is a recreational activity that involves inherent risks, including: - operation of a multi-passenger pedal-powered conveyance on public roadways and shared paths;
- travel in vehicular traffic and the conduct of other road users;
- uneven, slippery, or hazardous road surfaces;
- weather conditions, including rain, wind, ice, snow, and reduced visibility;
- collisions, falls from the pedicab, sudden stops, sharp turns, and tipping;
- the actions of other passengers on the pedicab, including persons under the influence of alcohol or other intoxicants;
- equipment malfunction;
- the consumption of alcohol on the pedicab (where applicable) and the effects of intoxication, including impaired balance, coordination, and judgment;
- the possibility of personal injury (including serious injury), death, property damage, and loss.
You voluntarily and knowingly assume all such risks, whether arising from negligence (other than gross negligence) or otherwise, and you confirm that you are participating in the Activity of your own free will. I Agree I understand that participating in the PEDAL & POUR INC. (“PEDAL & POUR”) party bike is a potentially dangerous activity.I Agree I understand the risk that I may be injured and/or injure someone else while using the PEDAL & POUR party bike Inc.I Agree I understand all risks associated whilst on the PEDAL & POUR party bike Inc, as well as a risk of loss, theft, or damage of personal property while using or being present on the PEDAL & POUR party bikeI Agree I understand that there is a risk of loss, theft or damage of personal property at the establishments or locations where the tour may visit or at any other time and any other location before, during and after the tour. I Agree 2. Release and Waiver of ClaimsIn consideration of being permitted to participate in the Activity, you, on your own behalf and on behalf of your heirs, executors, administrators, successors, and assigns, hereby: - RELEASE AND FOREVER DISCHARGE P&P, its directors, officers, employees, contractors, agents, owners of pedicabs, and insurers (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, costs, damages, expenses, and liabilities of every kind and nature, whether known or unknown, that you have or may have arising out of or in any way connected with the Activity, including those arising from the negligence (but not the gross negligence) of any of the Released Parties;
I Agree NOT TO SUE any of the Released Parties in respect of any matter released above; andI Agree TO HOLD HARMLESS AND INDEMNIFY the Released Parties from any claim brought by you, by any person on your behalf, or by any person whose claim is derived from yours.- This Release does not limit your rights in respect of gross negligence, intentional misconduct, or any liability that cannot lawfully be excluded.
I Agree
3. Alcohol AcknowledgementYou acknowledge that: 4. Health, Fitness, and DisclosureYou represent that you are in adequate physical and mental health to participate in the Activity, that you have disclosed to P&P any condition (including pregnancy, recent surgery, balance disorder, intoxication beyond the level you would normally consider safe, or any other condition) that may affect your ability to participate safely, and that you will follow the instructions of the operator at all times during the Activity. I Agree
5. Compliance with Operator InstructionsYou agree to: - remain seated in your designated seat;
- keep all parts of your body inside the pedicab while it is in motion;
- not stand up, climb, lean dangerously, or otherwise interfere with the safe operation of the pedicab;
- comply with the operator’s instructions regarding safety, conduct, and routing;
- not engage in any abusive, violent, or harassing conduct toward the operator, server, other passengers, or members of the public; and
- not bring any open container of alcohol off the pedicab during or after the Activity.
I Agree
6. Photography and RecordingYou acknowledge that the pedicab may be equipped with audio and/or video recording devices for safety, security, and incident-reconstruction purposes, and you consent to such recording. You will not photograph or record the operator, server, or other passengers without their consent.I Agree 7. No Reliance on Statements Inconsistent with this WaiverYou acknowledge that no oral statement made by any employee, agent, or contractor of P&P shall vary, contradict, or supplement the terms of this Waiver. The terms of this Waiver are the entirety of the agreement between you and P&P with respect to liability arising from the Activity. I Agree 8. Severability and Governing LawIf any portion of this Waiver is held to be invalid or unenforceable, the remainder shall continue in full force and effect. This Waiver is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of this Waiver or the Activity shall be brought in the courts of the Province of Ontario. I Agree 9. AcknowledgementBy signing below, you confirm that:
1. All riders must be 19 years of age or older. 2. Any person arriving in an intoxicated condition shall not be allowed to board the PEDAL & POUR party bike at any given time. 3. The PEDAL & POUR party bike Driver/Host is responsible for the PEDAL & POUR party bike and his/her decisions are final. 4. All laws and rules regarding alcohol and behavior apply to all passengers before, during and after PEDAL & POUR party bike tours. Inappropriate behavior will result in the offending passenger(s) being asked to disembark immediately. No refund will be issued to passengers(s) who are asked to disembark. Passengers will be responsible for their own transportation from the point of disembarking. Inappropriate behavior includes but is not limited to: • Extreme intoxication • Giving alcohol to non-passengers and or underage people • Any consumption of outside alcohol (not purchased on the bike), tobacco, cannabis or any other substance whilst on the bike • Foul Language or Gestures • Public urination/vomiting • Loitering more than 15 minutes after tour • Excessive noise/screaming 5. Any transgressions of the above restrictions may result in the Driver/Host ending the tour immediately and causing a minimum $300 Late/Damage/Violation Fee to be charged to the Renter’s credit card. No refund will be issued for tours ended early due to passenger behavior. 6. A $100 “Abandonment” fee could be charged to tour riders not returning to the starting point WITHOUT informing the driver or the host PRIOR to the start of the tour. 7. CANCELLATION POLICY: As stated on our website, we require at least 14 DAYS NOTICE if you plan to cancel for FULL REFUND. I Agree
8. Please complete the statement on the line below:
To be 19 years of age you must have been born on or before this date of 2006. I acknowledge that Pedal & Pour Inc. requires all passengers to wear helmets while using the Pedal & Pour party bike. I understand that this requirement is due to insurance reasons, and that any head injury resulting from a failure to wear a helmet is excluded from coverage. I agree to wear a helmet during my participation on the Pedal & Pour party bike. If I fail to wear a helmet, I expressly waive any claim against Pedal & Pour INC., its employees, successors, and/or assigns, for any personal injury, property loss, or property damage arising out of or relating to my failure to wear a helmet.I Agree
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