This agreement sets the terms and conditions concerning liability, under which the company BA Tours Co, SAS, DBA Badass Tours Paris (the “Company”) guided electric scooter tours, as described on the Company’s site: https://badasstoursparis.com/ (the “Tour/s”). This agreement is hereafter referred to as the “Agreement”. The Company equips each participant with an electric scooter and its accessories: a helmet, retro-reflective equipment (reflectors), a front light, rear light and handlebar bag. Acceptance Participation in a Tour is subject to acceptance of this Agreement. If a participant is under the age of eighteen (18) or lacks legal capacity for any reason, he/she must be represented by a representative with full legal capacity to accept this Agreement and to participate in the Tour (participants in the Tour and their legal representatives are referred to as “Participant/s”). The legal representative and the represented person are jointly responsible for ensuring that the represented person complies with this Agreement. Any represented person is under the mandatory supervision and responsibility of their legal representative during the Tour. When an individual (whether a Participant or not) books a Tour for multiple Participants, it is the responsibility of the person making the booking to ensure that each Participant is aware of and accepts this Agreement. The person making the booking and each Participant are jointly responsible for ensuring that each Participant complies with this Agreement. Signing this Agreement means that each Participant has read, understand, and agree to their content. Pre-requisites to participate in a Tour Each Participant: ● must have a total weight (including body weight, bags and accessories) between 65 and 255 pounds (30 - 115 kg), ● must be aged of minimum fourteen (14) years old; age may need to be justified by identity card or passport before the beginning of the Tour, ● must securely wear a helmet, as provided by the Company, ● must follow training instructions provided by the guide and follow the guide’s instructions at all times, ● must be fit and able to use the Scooter; in particular, must have at least average mobility and strength, ability to freely use both arms, hands, knees, feet and all fingers, stand for 45-minutes and be able to see with at least 20/40 corrected vision in at least one eye, ● must speak, hear and read the English language, read and understand traffic signs and applicable rules and regulations for riding electric scooters (trotinette électrique), ● must not suffer from any physical issues, mental and cognitive deficiencies affecting someone’s ability to ride an electric scooter safely.
Conditions to use the scooter During the Tour, each Participant undertakes, at all times: ● to ride the scooter solely himself/herself, ● to strictly follow guide’s instructions, ● to obey traffic signs and applicable rules and regulations for riding electric scooters (trotinette électrique), ● to ride safely and cautiously at all times, ● to use the Scooter with due care and diligence. The Company reserves the right to cancel the participation of a Participant in a Tour, in case the Participant fails to comply with any of the abovementioned prerequisites and conditions to use the Scooter. In such cases, there will be no reimbursement or credit issued. Riding the Scooter under the influence of drugs or alcohol is prohibited. The Company has the right to cancel participation of any Participant if there is suspicion that the Participant is under the influence of drugs or alcohol. In such cases, there will be no reimbursement or credit issued. Medical/Mental/Health issues Each Participant undertakes that he/she does not suffer from any underlying medical/mental deficiencies that would affect Participant’s ability to safely participate in the Tour. The Company reserves the right to cancel the participation of any Participant in a Tour, at any time, if the Company suspects or observes that the Participant suffers of any physical issues, mental and cognitive deficiencies that could adversely affect the safety of any Participant or third parties. Risks All activities included in the Tour can cause damage, injury or even death. Risk of injury includes falling, loss of control, contact with other Participants or bystanders, contact with tree limbs, fire hydrants, signage, buildings, rocks, sand/grit/mud, pavement or sidewalk bumps, potholes and deficiencies, bicycles, strollers, carts, curbs, mailboxes and other obstacles. Tours are conducted on or near roadways and busy intersections, waterways, boardwalks, bike paths and sidewalks. Weather, moisture, fog, sand and other materials will make conditions hazardous. Vehicles and Participants can collide causing injury or death. The route may encounter animals and humans that can injure or fatally harm the Participants. Injuries or death may also result from the negligence of the staff, other Participants or individuals who are not Participants. Participants may grow tired. Generally, the result of the Tour activity can be an injury or death. Duty of care and liability All risks of damage, injury and death will be borne by the Participant from the moment the Participant takes possession of the Scooter until the moment the Participant returns the Scooter to the Company. Each Participant is liable for any damage caused to the Scooter in his/her possession, other than normal wear and tear, as well as for theft that occurs during the Tour. The amount corresponding to the damage will be charged to the payment method on file if not covered by Company’s insurance. The Participants are responsible for any violations of applicable regulations committed during the Tour. Participants will bear all expenses incurred due to any illness, injury, loss of work, loss of opportunity or damage to the Scooter or other property; this includes, but is not limited to, defense of any claims, medical costs including, but not limited to, emergency transportation, hospitalization or medical treatment. These costs are the sole responsibility of each Participant. Therefore, Participants are strongly advised to have personal insurance coverage for accidents and injuries during the Tour. To the extent permitted by the law, each Participant agrees to release from liability, indemnify and hold harmless the Company, its owners, officers, agents, and employees, any subsidiaries or related marketing companies, including independent scooter tour companies, partners, and the owner(s) of the property on which the activity takes place, from any claims for injuries, death or property damage, arising from their participation. The Company is not liable for any failures of any intermediaries (including tour companies, tourism agencies, restaurants, hotels, museums, leisure companies) recommended by the Company to the Participants, during the Tour or otherwise. Any liability of the Company towards a Participant is limited to the reimbursement of the price paid by that Participant for the Tour. The Company is not liable for any delay or failure to provide the Tour that results from an event of force majeure, as defined by article 1218 of the French Civil Code. Bag and item storage Participants are permitted store small bags and/or items at the Company’s location exclusively for the duration of the Tour exclusively, at no extra charge, at Participant’s own risk. Privacy Policy Participants consent to the Company using videos or images of Participants taken during the Tour, for illustrating the Company’s services, without requiring additional permission or compensation. The Company is not liable for any damages that may result from a breach of privacy of Participants in the use of Company’s webpage.
Settlement of disputes In the event of a dispute arising from this Agreement, the concerned parties will make their best endeavors to resolve their dispute amicably. To this end, the Participant must submit their complaint to the Company via email, at badasstoursparis@gmail.com, or by sending a letter to the Company’s head office, BA Tours Co, 22 Rue Visconti, 75006. Should an amicable resolution not be reached within one (1) month from the date of the complaint, the Participant is entitled to seek conventional mediation or any other alternative dispute resolution method. Within this framework, the Participant may, within a period of one (1) year from the date the initial complaint was made to the Company, approach the consumer mediator mentioned below, in accordance with the provisions of Article L. 612-1 of the French Consumer Code and subsequent provisions for extrajudicial resolution of consumer disputes: https://www.fevad.com/ Participants residing in the European Union may also seek to resolve disputes by accessing the European Online Dispute Resolution platform, as established by Regulation (EU) No 524/2013 of 21 May 2013 concerning the online resolution of consumer disputes, including cross-border disputes. This platform is available on the following page: http://ec.europa.eu/consumers/odr/. Should the mediation fail or Participant chooses does not pursue it, any disputes arising from this Agreement, including those related to its validity, interpretation, execution, termination, consequences, and subsequent issues, will be submitted to the competent courts in Paris. Applicable law This Agreement shall be governed by the French law. If any part of this Agreement is determined invalid for any reason whatsoever, the remaining parts shall remain in effect.
Date: June 9, 2025
Having fully read and understood the Participation Agreement, do you agree? I Agree
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