Waiver and Release of Liability
I, the undersigned user, acknowledge and understand that during my use of The Fresno Pedal Company's Tiki Bike(s), Vehicle(s), and/or any equipment operated by The Fresno Pedal Company, including any vehicle or type of bicycle (the “Vehicle”), I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in traveling in any vehicle, participating in quadricycling, in any recreational or exercise related activities. These inherent risks include, but are not limited to; the dangers of property damage, serious personal injury, or death. “Injuries and Damages” resulting from, but not limited to: (i) physical exercise and exertion; (ii) physical contact with other vehicles, other individuals, or road hazards; (iii) falling or tripping due to road hazards, uneven surfaces, and debris; (iv) falling from heights, including falling off the "Vehicle"; and (v) any other hazards associated with traveling in the "Vehicle". I further acknowledge and understand these "Injuries and Damages" cannot be eliminated without destroying the unique character of the "Vehicle".
In consideration of eligibility to use the "Vehicle", the services, or amenities provided by The Fresno Pedal Company and in connection with such use, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING:
I fully understand that The Fresno Pedal Company has not tried to contradict or minimize my understanding of these risks. I know that "Injuries and Damages" can occur by natural causes or activities of other persons, other users, staff of The Fresno Pedal Company or other third parties, either as a result of negligence or any other reasons. I understand the risks of such "Injuries and Damages" involved in use of the "Vehicle" and appreciate that I may have to exercise extra care for my own person and others around me in face of such hazards. I further understand that there may not be medical personnel or medical facilities or expertise necessary to deal with the "Injuries and Damages" to which I may be exposed.
I further understand that on rare occasions, an emergency requiring medical treatment can develop. I hereby consent to receive medical treatment that may be deemed advisable in the event of an accident, injury and/or illness during use of the "Vehicle". I agree to pay for any medical, dental, surgical, or other hospital care and/or any diagnosis rendered to me. It is understood that I am required to designate emergency contact(s) and that efforts shall be made to contact my designated emergency contact(s) before rendering treatment. Any of the above treatment will not be withheld if the designated emergency contact(s) cannot be reached. Emergency contact(s) will not be solicited.
To the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS The Fresno Pedal Company and its parents, subsidiaries, and affiliates, directors, stockholders, managers, members, partners, agents, and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my personal injury or death relating to my use of the "Vehicle", even if caused by negligence of the "Released Parties". Such negligence may involve, but not limited to: (i) negligent operation and/or supervision of the "Vehicle"; (ii) negligence of maintenance or operation of the "Vehicle" and/or equipment in general; (iii) negligent manufacture of and/or use of equipment on the "Vehicle", including the "Vehicle" itself; and (iv) the negligent provision of emergency response services. I understand and intend the assumption of risk and release is binding upon my heirs, executors, administrators, and assigners. This WAIVER AND RELEASE is intended to be as broad and inclusive as permitted by law. If any provision or any portion of the provision in this Waiver and Release is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver and Release shall not be affected thereby and shall remain valid and fully enforceable.
Deposits: Deposits for private reservations are to reserve a date and time. They are also non-refundable, but do have the option to reschedule.
Cancellation Policy: If you do not wish to cancel, rain checks are also available by contacting The Fresno Pedal Company. Rain checks must be made at least 7 days prior to the reservation date or will result in forfeiture of all costs. Cancellations made over 15 days prior to reservation date will receive a 75% refund. Cancellations made less than 14 days prior to the reservation date will be refunded 50% of costs. There are no refunds for any cancellations made 7 days or less of reservation date.
***IMPORTANT*** If we are not able to book a MINIMUM OF 6 SEATS, the bike will not go out. We will contact you if there are less than 4 seats booked for your time slot and to try and coordinate a different departure. The Fresno Pedal Company will refund your payment, if we are unable to meet this minimum or reschedule your reservation. There is an automatic $100 charge to the credit card used for the reservation, if you, or someone in your party gets sick on the bike. This is a big party foul.
The Fresno Pedal Company may, at any time, can and will exercise the right to terminate a tour, shuttle, or other services provided which may involve, but not limited to: (i) littering on, off, or around the "Vehicle"; (ii) inappropriate and/or harmful behavior; (iii) extreme intoxication; (iv) excessive noise; (v) loitering over 5 minutes after tour; (vi) public urination and/or indecent exposure; and (vii) gambling. Early termination of a tour, shuttle, or any services provided by The Fresno Pedal Company will result in forfeiture of all deposits and fees paid by the customer(s) in violation of terms.
Photo Release: I understand that The Fresno Pedal Company collects, records, publishes, posts, transmits, and displays audio/visual “media” (images, recordings, videos, and other media). With this understanding, I give The Fresno Pedal Company permission to collect, record (on film or otherwise), publish, post, display, and transmit such media for any purpose. I hereby voluntarily release and hold harmless The Fresno Pedal Company, its directors, employees, land owners, 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 universe. I understand that all media remains the property of The Fresno Pedal Company 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 The Fresno Pedal Company acquisition, storage, display, publication, posting, or media distribution 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, property loss and/or damage arising out of said media participation.
I HAVE READ this Waiver and Release of Liability in its entirety. I freely and voluntarily choose to use services provided by The Fresno Pedal Company and assume all risks of Injuries and Damages. I further acknowledge and expressly agree with my signature on this Waiver to constitute my waiver of the risks described herein for any future use of The Freon Pedal Company, unless I otherwise, notify The Fresno Pedal Company. I HEREBY WAIVE ALL RISKS described herein and related hereto, upon this visit to, all future visits to, and uses of The Fresno Pedal Company.
BY MY SIGNATURE BELOW, I ACKNOWLEDGE AND REPRESENT THAT I AGREE TO ALL OF THE TERMS, WARRANT MY REPRESENTATIONS ABOVE, AND I AM OVER TWENTY ONE (21) YEARS OLD AND WAS BORN ON THE DATE BELOW.
By signing the form below, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right and may request to sign a paper copy instead. By signing below, you are waiving that right. After consent, you may, upon written request to The Fresno Pedal Company to obtain a paper copy of an electronic record. No fee will be charged for this request. Your agreement to use an electronic signature with us for any documents will continue until you notify The Fresno Pedal Company via email or in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.
(Note: Helmets are optional if you are over the age of 18 and are only provided by requesting prior to your reservation.)