Waiver of Claims
Assumption of Risk and Indemnity Agreement
BY DIGITALLY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE
PEDALERS also trading as PEDALERS PUB & GRILLE ( the OPERATORS ) AND ALL TOUR OPERATORS PEDALERS WORKS WITH, WHO PROVIDE OR MAKE AVAILABLE FACILITIES, PREMISES OR SERVICES FOR THE OPERATORS, and their respective directors, officers, employees, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors and assigns ( hereinafter referred to as the “RELEASEES” ).
In this “Agreement” the term Adventure Activities shall include all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the OPERATORS and shall include but are not limited to bungee jumping, canyoneering, caving, cycling, hang-gliding, heli-hiking/heli-skiing, horse riding and other equine related activities, hot air balloon rides, hunting, ice climbing, mountain biking, own vehicle in a foreign country, parasailing, rock/rope climbing, rappelling, zip lining, scuba diving, skiing and snowboarding, white water rafting/activities, ranching and lodges, trekking, helicopter activities, water skiing, mountaineering, surfing, cage diving, travel to and from the tour areas, orientation and instructional courses, seminars and sessions; and other such activities, events and services in any way connected with or related to these activities.
ACKNOWLEDGEMENT – SAFETY
I acknowledge that I am required to wear an approved helmet and other safety equipment while participating in certain Adventure Activities. I am aware that there are guides and staff available to answer any questions I may have as to the proper use of the equipment. I am aware that the physical exertion required of Adventure Activities and the forces exerted on the body, can activate or aggravate pre-existing injuries, conditions, or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with Adventure Activities.
ASSUMPTION OF RISKS
I am aware that Adventure Activities involve many risks, dangers and hazards including but not limited to; personal injury and/or death; travel to remote areas without access to medical facilities or treatment; changing weather conditions; interactions or encounters with wildlife; equipment malfunctions; negligence of other participants or guides; consumption of alcohol; collisions with vehicles, equipment, or structures; becoming lost or separated from guides or other participants; and the failure to remain within designated areas; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES. I am also aware that these dangers, risks, and hazards exist on terrain that may be uncontrolled, unmarked, and un-inspected.
ALCOHOL AND DRUGS – ALCOHOL AND ILLEGAL SUBSTANCES
I acknowledge that the use and/or consumption of alcohol and all illicit drugs and/or street drugs IS PROHIBITED WHILE ENGAGING IN THE ADVENTURE ACTIVITIES. If I use, consume or am under the influence of alcohol or illicit and/or street drugs prior to or while engaging in the Adventure Activities or while on the Facilities, as defined below, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE RELEASEES OR OTHER THIRD PERSONS AND/OR THIRD PARTIES, I ASSUME AND ACCEPT ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM AND WILL INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY PRESENCE ON THE FACILITIES AND/OR ENGAGEMENT IN THE ADVENTURE ACTIVITIES, WHILE, DURING OR AFTER CONSUMPTION OF ALCOHOL OR ILLICIT AND/OR STREET DRUGS.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH ADVENTURE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
In consideration of the RELEASEES allowing me to participate in Adventure Activities and permitting me the use of their property and equipment, where applicable ( hereinafter referred to as the “FACILITIES” ), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I now have or may have in the future against THE RELEASEES and to RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or my next of kin may suffer, resulting from either my use of or my presence on the facilities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for damage to property or personal injury to any third party resulting from my use of or presence on the FACILITIES;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
4. This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the state of Florida and no other jurisdiction.
5. To consent to having photos or videos taken of me while participating in Adventure Activities and to the publication of the photos or videos by the RELEASEES for advertising, marketing, or promotion purposes.
I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF ADVENTURE ACTIVITIES OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO DIGITALLY SIGNING IT, AND I AM AWARE THAT BY DIGITALLY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CERTIFY THAT I, PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, DO CONSENT AND AGREE TO HIS/HER RELEASE OF ALL THE RELEASEES, AND FOR MYSELF, MY HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FOR ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THESE ADVENTURE ACTIVITIES.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO DIGITALLY SIGNING IT, AND I AM AWARE THAT BY DIGITALLY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST PEDALERS.
In simple terms:
1: I am providing this Release of Liability to the companies and people involved in organizing and providing the services I have requested in connection with my travel arrangements.
2: I understand that the Activities may require physical exertion and it is my responsibility to make sure I am healthy enough to participate. I will use the recommended safety equipment and ask questions if I am unsure about how to properly or safely use equipment.
3: I acknowledge that there are numerous risks I may face during my involvement in the Activities including the risks listed here.
4: If I consume alcohol or illegal drugs before or during my involvement in the Activities I am responsible for any loss, injury, or damage I cause to myself or others.
5: I understand and accept the risks of participating in the Activities. I am relying on the statements about the risk contained in this Wavier as the definitive source of information about the safety of the Activities over any other communications or materials.
6: I am aware that by digitally signing this agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the releasees.