Waiver

I, the undersigned user, I understand that participating on the PedalBoro Bike Tour is a potentially dangerous activity. I assume the risk that I may be injured and/or injure someone else while using the PedalBoro bike. I assume all risks associated with my use of the PedalBoro party bike, as well as all risk of loss, theft or damage of personal property while using or present on the PedalBoro bike or at the establishments/locations where the tour may visit or at any other time and any other location before, during and after the tour. I will not bring any action against PedalBoro, its employees, successors and/or assigns, for personal injury, property loss, or property damage, including any action for negligence, breach of warranty, products liability or strict liability, and hereby forever waive, on my own behalf and on behalf of my successors and/or assigns, the right to bring such action.

 

I fully acknowledge and understand that during my use of PedalBoro equipment operated by PedalBoro bike tours, 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 travelling in a vehicle, quadricycling, recreation, exercise and related activities. These inherent risks include, but are not limited to, the dangers of serious personal injury, death and property damage (“Injuries and Damages”) resulting from, but not limited to: (i) physical exercise and exertion; (ii) physical contact with other vehicles, other individuals and road hazards; (iii) falling or tripping due to road hazards, uneven surfaces or debris; (iv) falling from heights, including falling off the Vehicle; and (v) other hazards associated with travel in a vehicle. I further acknowledge and understand these Injuries and Damages cannot be eliminated without destroying the unique character of the Vehicle.

 

I fully understand that the PedalBoro 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 PedalBoro or other third parties, either as a result of negligence or because of other reasons. I understand the risks of such Injuries and Damages involved in use of the Vehicle and I appreciate that I may have to exercise extra care for my own person and for others around me in the 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 injury, accident, and/or illness during use of the Vehicle.

 

In consideration for my acceptance as an eligible user of the Vehicle, and the services and amenities provided by PedalBoro in connection with such use, 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 The Corporation of the City of Peterborough, PedalBoro, 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 on account of, or in any way resulting from, my death or personal injury relating to my use of the Vehicle, even if caused by NEGLIGENCE of the Released Parties; Such negligence could involve (a) negligent operation and supervision of the Vehicle, (b) negligent maintenance or operation of the equipment or Vehicle in general, (c) negligent manufacture of or use of equipment to be used in the Vehicle, including the Vehicle itself, and (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 assigners. This Waiver and Release 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 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.

 

If there is inappropriate behaviour, we have the authority to terminate a tour.

Inappropriate behaviour will result in early termination of the tour and a forfeiture of all deposits and fees by the customer(s) who violated our terms. Examples include but are not limited to:

 

  • Extreme intoxication

  • Excessive noise.

  • Racist or hateful language

  • Bullying of staff or other passengers

  • Loitering more than 5 minutes after tour

  • Public urination

  • Littering

 

Please be respectful of our neighbourhood and the surrounding community. We’ve worked hard to create a fun, exciting new venture in downtown Peterborough, so please help us keep a good reputation!