In consideration of the services provided by Adventure DC Tours LLC (d/b/a Adventure DC Tricycle Tours), TRAVEL ALL OVER-TAO, LLC, E-Mile: The Electric Ride, Barry I. Silber, and Carlan Burke (collectively, the "Released Parties"), the participant acknowledges and agrees as follows:
ACKNOWLEDGMENT AND ASSUMPTION OF RISK
I understand that as a participant in activities offered by Adventure DC Tours LLC (d/b/a Adventure DC Tricycle Tours), TRAVEL ALL OVER-TAO, LLC, E-Mile: The Electric Ride, Barry I. Silber, and Carlan Burke (the "Released Parties"), I will engage in a guided scooter tour(s), golf cart tour(s), pedicab tricycle tour(s), or motor vehicle tour(s) on public and private roads, hiking and biking trails, sidewalks, and other public and private areas. Activities include but are not limited to: cycling and walking on public and private roads, hiking and biking trails, sidewalks, and other public areas where motor vehicles, bicyclists, other scooters, pedestrians, animals, and unknown conditions may be encountered. Some, but not all, of the risks I may encounter include, but are not limited to: falling; being struck by objects, animals, persons, bicycles, or vehicles; physical contact with other participants or other individuals; road or terrain hazards; exposure to adverse or extreme weather conditions; and physical exertion. All of these risks are inherent to activities offered by the Released Parties and cannot be changed or eliminated without altering the essential activities of the Released Parties' tour services. I acknowledge that there are inherent risks involved with my participation in activities offered by the Released Parties that can cause or lead to death, injury, illness, mental or emotional trauma, or disability, and that the Released Parties assume no liability for my participation in these activities and/or exposure to these risks. I have had the opportunity to ask questions about the activities and the risks of the activities in which I will participate. I attest that I am physically fit and have no known medical conditions or behavioral issues that would inhibit my participation in such activities. I agree to follow all laws. I agree to assume all of the risks of the activities offered by the Released Parties, whether inherent or not and whether described above or not.
MEDICAL CONSENT
Should I require medical treatment while participating in activities offered by Adventure DC Tours LLC (d/b/a Adventure DC Tricycle Tours), TRAVEL ALL OVER-TAO, LLC, E-Mile: The Electric Ride, Barry I. Silber, and Carlan Burke (the "Released Parties"), I give permission to the employees, independent contractors, volunteers, and agents of the Released Parties to use their judgment in obtaining medical services, and I give permission to the hospital and its medical staff selected by such persons to render medical treatment as a physician deems necessary or appropriate. I understand that the Released Parties may not carry insurance covering such medical or hospital costs and agree that any such costs shall be my sole responsibility.
LIABILITY RELEASE AND INDEMNITY
I hereby forever release, waive, and discharge Adventure DC Tours LLC (d/b/a Adventure DC Tricycle Tours), TRAVEL ALL OVER-TAO, LLC, E-Mile: The Electric Ride, Barry I. Silber, and Carlan Burke, and their employees, officers, directors, independent contractors, volunteers, agents, and all other persons or entities acting under the direction and control of the foregoing (collectively, the "Released Parties"), from, and agree not to pursue a claim or sue the Released Parties or any of them for, any liability, claim, or expense in any way associated with my participation in activities offered by the Released Parties or the use of any bicycles or equipment. Neither I nor anyone acting on my behalf will make a claim against the Released Parties as a result of any injury, illness, damage, death, or loss. This release is intended to discharge in advance, and includes, any losses caused or alleged to be caused, in whole or in part, by the negligence, whether active or passive, of the Released Parties to the fullest extent allowed by law (but not for gross negligence) and includes claims for injury, property damage, wrongful death, breach of contract, or any other type of suit.
I do hereby agree to release and hold harmless the Released Parties and agree to indemnify and defend each of them from any and all claims, costs, suits, actions, judgments, and expenses, including attorneys' and experts' fees, with respect to any and all claims brought by or on behalf of me, a family member, personal representative, estate, a co-participant, or any other person for any claims related to my participation in activities offered by the Released Parties or my use of any bicycles or equipment, including claims that the Released Parties were negligent.
The acknowledgment and assumption of risk, medical consent, liability release and indemnity, and all other provisions in this document are intended to be as broad and inclusive as is permitted by the laws of the District of Columbia, and this agreement shall be governed by and interpreted in accordance with the laws of the District of Columbia. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions, which shall continue in full force and effect.
I have carefully read, understand, and voluntarily sign this document. I understand that I am surrendering certain legal rights. I agree that this form shall be binding on me and other family members, and my heirs, executors, representatives, and estate. I hereby warrant that I have legal authority to act on my behalf. I hereby certify that the information supplied in connection with my participation in activities offered by the Released Parties is, to the best of my knowledge, complete and accurate. I agree to the terms and conditions of the Acknowledgment and Assumption of Risk, Medical Consent, and Liability Release and Indemnity.
