PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
In consideration of the services of BiPartisan Tour Company LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “BPTC’), I hereby agree to release, indemnify, and discharge BPTC, 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 electric scooter or electric bicycle activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
2. The risks include, among other things: slips and falls, accidents involving other bicycles, scooters, or vehicles, transmissible pathogen or disease, collision with fixed or movable objects, injuries or accidents involving contact with the equipment; falls from the bicycle or scooter; the negligence of other operators of motor vehicles or myself; musculoskeletal injuries including head, neck, and back injuries; exhaustion; weather conditions; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; the condition of roads, terrain, sidewalks, trails, or paths, and accidents connected with their use; exposure to animals, insect bites, and hazardous plant life; equipment failure; my own physical condition, and the physical exertion associated with this activity.
Furthermore, BPTC personnel have difficult jobs to perform. They strive for safety, but they 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.
3. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks.
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BPTC 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 BPTC’s equipment or facilities, including any such claims which allege negligent acts or omissions of BPTC.
5. Should BPTC 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.
6. 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.
7. By signing this document, I acknowledge that if anyone 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 BPTC on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound by its terms and conditions.