In consideration of the services of Scottsdale Party Bikes, LLC, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “SPB”), I hereby agree to release, indemnify, and discharge SPB, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
1. I acknowledge that my participation in pedal bike tours involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, property, or third parties. I understand that these risks cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to, slips and falls; collisions with fixed objects or people; scrapes, bruises, twists, and sprains; exposure to temperature and weather extremes which could cause cold shock, hypothermia, hyperthermia (heat-related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; and improper lifting or carrying. Furthermore, SPB personnel have challenging jobs to perform. They seek safety but are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SPB from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SPB’s equipment or facilities, including any such claims which allege negligent acts or omissions of SPB. 4. Should SPB or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against SPB, I agree to do so solely in the state of Arizona, and I further agree that the substantive law of Arizona shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 7. I grant SPB permission to use photographs, videos, and other media taken during my participation in the activities for promotional and marketing purposes. I understand that I will not receive any compensation for the use of such media.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SPB on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at SPB.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. Today’s Date: November 21, 2024 |