Waiver and Release of Liability
I, the undersigned user, acknowledge and understand that during my use of equipment operated by RoMed Services, LLC, dba CycleTrolley [“CYCLETROLLEY”]–such equipment to include, but not be limited to, trolleys; pedicabs; passenger-powered conveyances; and pedal-equipped vehicles, and collectively referred to herein as the “VEHICLE”–I may be exposed to a variety of hazards and risks [“RISKS”] (foreseen or unforeseen) which are inherent in traveling in or about said VEHICLE.
These RISKS include, but are not limited to, dangers of serious personal injury, death and property damage resulting from, but not limited to: (a) physical exercise and exertion; (b) physical contact with other vehicles, other individuals or road hazards; (c) falling or tripping due to road hazards, uneven surfaces or debris; (d) falling from heights, including falling off the VEHICLE; and/or other hazards.
I further acknowledge and understand that these RISKS cannot be eliminated without destroying the unique character of the VEHICLE and that RISKS can arise from and be caused by natural causes and activities of other persons, including, but not limited to, other users, staff of CYCLETROLLEY, or other third parties, either as a result of negligence or due to other reasons.
I understand the RISKS of use of the VEHICLE and acknowledge that I may have to exercise extra care for my own person and for others around me in the face of said RISKS. I further understand that there may not be medical personnel or facilities available to deal with the RISKS to which I may be exposed. Notwithstanding the latter provision, I further understand that on rare occasions an emergency requiring medical treatment can develop and I hereby consent to medical treatment in the event of injury, accident and/or illness during use of the VEHICLE. I agree to pay for any medical, dental, surgical or other care, rendered to me. I understand that I am required to designate emergency contact(s) and that CYCLETROLLEY shall make efforts to contact said individual(s) before rendering treatment, but that treatment will not be withheld if the designated emergency contact(s) cannot be reached.
In consideration for my use of the VEHICLE and the services and amenities provided by CycleTrolley, I understand and agree that, in connection with the consumption of alcoholic beverages:
- On tours that permit the consumption of alcoholic beverages, all riders must be 21 years of age or older.
- All alcoholic beverages and people holding them must remain on the VEHICLE at all times.
- No person arriving in an intoxicated condition shall be allowed to board the VEHICLE, and no refund will be given.
- The Captain is responsible for the VEHICLE and his/her decisions are final.
- All laws and rules regarding alcohol and behavior apply to all passengers before, during and after CycleTrolley tours.
- Inappropriate behavior, as delineated below, will result in the offending passenger(s) being asked to disembark immediately.
- No refund will be issued to passengers asked to disembark.
- Passengers will be responsible for their own transportation from point of disembarking. Inappropriate behavior includes but is not limited to: Extreme intoxication; furnishing alcohol to non-passengers; foul language or gestures; public urination and/or vomiting; loitering more than five minutes after tour; excessive noise/screaming.
- All open alcoholic beverages will be collected and discarded five minutes before the tour ends.
- Any violations of the above restrictions may result in the Captain, at his sole discretion, ending the tour immediately and charging a minimum of $300 to the credit card of the person creating the problem or, as applicable, the person financially responsible for the former’s person’s use. No refund will be issued for tours ended early due to passenger behavior.
I CONFIRM MY UNDERSTANDING OF THE FOLLOWING:
To the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS, CYCLETROLLEY and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees [collectively, “RELEASED PARTIES”] from and against ANY AND ALL LIABILITY resulting from RISKS relating to my use of the VEHICLE, including but not limited to, my death or personal injury, even if caused by NEGLIGENCE of the RELEASED PARTIES.
Such negligence could involve (a) negligent operation and supervision of the VEHICLE; (b) negligent maintenance of the VEHICLE; (c) negligent manufacture of the VEHICLE, any of its components or any equipment used in the VEHICLE; or (d) the negligent provision of emergency response services. I understand and intend that the assumption of risk and release is binding upon my heirs, executors, administrators and assignees. This Waiver and Release of Liability is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Waiver and Release of Liability is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver and Release of Liability shall not be affected thereby and shall remain valid and fully enforceable.
Photo Release: Except where prohibited by law, I hereby grant CYCLETROLLEY the perpetual and royalty-free right to make and/or utilize both video recordings and visual still images of me, whether recorded prior to or subsequent to the tour, with or without my knowledge. This includes using audio/video or other image, voice or likeness of me without limitation for purposes of advertising and promotion. I understand that CYCLETROLLEY collects, records, publishes, posts, transmits, and displays audio/visual “media” (images, recordings, videos, and other media). With this understanding, I give permission for CYCLETROLLEY to collect, record (on film or otherwise), publish, post, display and transmit such media for any purpose. I hereby voluntarily release and hold harmless CYCLETROLLEY, its directors, employees and agents acting officially or otherwise, from all manner of suits, actions, claims, demands and liabilities which may arise from such media participation. This release applies to any and all media known, and hereafter devised, in perpetuity throughout the world. I understand that all media remains the property of CYCLETROLLEY and waive all rights to original media, copies of media, royalties, entitlements, payments, or any other compensation or quid pro benefits which might arise from CYCLETROLLEY’S acquisition, storage, display, publication, posting, or distribution of media of myself as described herein. I understand that this document constitutes a full and complete waiver of all possible claims of any nature whatsoever, including claims of negligence, personal injury or property loss, or damage, arising out of said media participation. I have read this Waiver and Release of Liability in its entirety and I freely and voluntarily choose to use the VEHICLE and assume all RISKS. I further acknowledge and expressly agree for my signature on this waiver to constitute my waiver of the risks described herein for any future use of CYCLETROLLEY VEHICLE(S)
BY MY SIGNATURE BELOW, I ACKNOWLEDGE AND REPRESENT THAT I AGREE TO ALL THE TERMS, WARRANT MY REPRESENTATIONS ABOVE, AND FURTHER WARRANT THAT I AM AT LEAST TWENTY-ONE (21) YEARS OLD AND WAS BORN ON THE DATE BELOW.
First, Last Name:____________________________________________________________________________________
Date Of Birth: _______________________________________ Date of Ride:____________________________________