ELSEWHERE WHEEL, LLC DBA THE WHIMSICAL WHEEL OF ELSEWHERE TOO – RIDER RELEASE & WAIVER OF LIABILITY READ CAREFULLY – BY SIGNING THIS DOCUMENT, YOU GIVE UP IMPORTANT LEGAL RIGHTS Location: Elsewhere Too, 4513 N Loop 1604 W, San Antonio, TX 78249 1. ACKNOWLEDGMENT OF RISKS I understand that riding the Ferris Wheel and being present on the premises involves inherent risks, including but not limited to: sudden movements, equipment malfunction, weather hazards, falls while entering or exiting, slips or trips in waiting areas or walkways, heat-related illness, and other amusement ride and premises-related risks. I voluntarily assume all such risks, whether known or unknown, foreseeable or unforeseeable. 2. HEALTH, ALCOHOL & ELIGIBILITY I certify that: - I am in good health and free from conditions that could be aggravated by this activity (including but notlimited to heart conditions, back/neck injuries, pregnancy, or motion sickness).
- I meet the minimum height requirement of 48 inches.
- I am not under the influence of alcohol, drugs, or impairing medication and acknowledge that riding or entering the premises while impaired increases risk of injury.
- I will comply with all posted rules and instructions from ride operators and staff.
3. RELEASE OF LIABILITY In consideration of being permitted to ride the Ferris Wheel and/or to be present on the premises, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Elsewhere Too, Elsewhere Hospitality, LLC, Elsewhere Wheel, LLC dba The Whimsical Wheel of Elsewhere Too, Somewhere Else Holding, LLC, Lyssy Brierley LLC, and their respective owners, officers, employees, contractors, agents, affiliates, insurers, and volunteers (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death sustained while riding, waiting in line, entering, exiting, or otherwise being present on the premises, whether caused by the ordinary negligence of the Released Parties or otherwise, to the fullest extent permitted by Texas law. 4. INDEMNIFICATION & THIRD-PARTY CLAIMS I agree to indemnify and hold harmless the Released Parties from any and all claims, damages, or expenses (including attorney fees) brought by me or on my behalf, or by third parties, arising from my participation, my presence on the premises, my violation of rules, or my actions while riding or waiting. This includes claims brought by others allegedly injured by me. 5. MINORS (IF APPLICABLE) If signing for a minor: - I certify that I am the parent/legal guardian of the minor.
- I consent to the minor’s participation and/or presence on the premises and assume all risks on theirbehalf.
- I further agree to indemnify and hold harmless the Released Parties from any and all claims that maybe brought by or on behalf of the minor.
6. CONSENT FOR MEDICAL TREATMENT I authorize the Released Parties to secure emergency medical treatment deemed necessary, at my expense, should injury occur. 7. MEDIA RELEASE I grant Elsewhere Too and the Released Parties the right to photograph, film, and otherwise record my participation or presence, and to use my likeness for promotional or commercial purposes without compensation. 8. GOVERNING LAW & VENUE This Release shall be governed by the laws of the State of Texas. Any disputes shall be brought exclusively in a court of competent jurisdiction in Bexar County, Texas. 9. BINDING EFFECT & SEVERABILITY This Release shall be binding upon me, my heirs, legal representatives, and assigns. If any provision is found invalid, the remainder shall continue in full force. This document represents the entire agreement regarding participation and premises presence and cannot be modified except in writing signed by Elsewhere Wheel, LLC or its affiliates. 10. PROPERTY DAMAGE & CLEANUP LIABILITY I agree to be financially responsible for any damage I cause to the Ferris Wheel, its equipment, surrounding structures, or premises, whether intentional, negligent, or accidental. This includes but is not limited to vandalism (including graffiti or defacement), tampering with equipment, and physical damage to ride components. I further agree to be financially responsible for any excessive cleaning required as a result of my actions, including but not limited to spills, vomiting, or the discharge of any substance that requires cleaning, sanitation, or repairs beyond normal wear and tear. The Released Parties may charge me for the reasonable cost of repair, replacement, and/or cleaning, and I agree to promptly reimburse such costs upon demand. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS.
Today's Date: August 6, 2026 |