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WAIVER OF LIABILITY

In Consideration of the services of Blue Shore Pedal Lounge LLC, I and/or my guests agree to release and discharge Blue Shore Pedal Lounge LLC, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:

1) I acknowledge that the activities involved in the use of the Blue Shore Pedal Lounge LLC service entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis death, or damage to myself, to property, or third parties. 

2) I expressly agree to assume all of the risks existing in this activity, both known and unknown, whether caused or alleged to be caused by the negligent act or omission of Blue Shore Pedal Lounge LLC or its operators. My participation in this activity is purely voluntary and I elect to participate in spite of the risks. I also agree that I am responsible for ensuring that myself to include all dependents follow the rules given by Blue Shore Pedal Loung LLC employees whether they be given verbally or in writing. I am aware and any dependents I'm responsible for are also aware that the Blue Shore Pedal Lounge LLC IS NOT equipped with safety belts and understand that it was under my own discretion which was made voluntarily and without duress to continue the participation of this or any activity provided by Blue Shore Pedal Lounge LLC.   

3) I hereby voluntarily release forever discharge and agree to indemnify and hold harmless Blue Shore Pedal Lounge LLC  from any and all claims, demand, or causes of action, which are in any way connected with my participation in this activity or my use of Blue Shore Pedal Lounge LLC equipment and facilities, including any such claims which allege negligent acts or omissions of Blue Shore Pedal Lounge LLC. I am aware and any dependents are responsible to know that the Blue Shore Pedal Lounge LLC IS NOT equipped with safety belts and understand that it was under my own discretion which was made voluntarily and without duress to continue the participation of this or any activity provided by Blue Shore Pedal Lounge LLC. I'm also responsible to know and understand that alcoholic beverages are or may be consumed on this activity. I understand that any and all consumption of alcoholic beverages done by me, or my dependents was not done under duress and was strictly voluntary. I and my dependents also know that the consumption of alcoholic beverages may result in NOT having the normal use of my/their mental or physical faculties, and will NOT and do NOT hold Blue Shore Pedal Lounge LLC or its staff responsible for any of my actions or my dependents actions before, during, or after any participation in this activity or any other activity sponsored or provided by Blue Shore Pedal lounge LLC.  

4) Should Blue Shore Pedal Lounge LLC or anyone acting on their behalf, be required to incur attorney's fees to enforce this agreement; I agree to indemnify and hold them harmless for all such fees.

5) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I agree to bear the cost of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. 

6) I agree that the validity and enforceability of this release of Liability and Assumption of Risk will be governed by the substantive law of Texas without regard to its convict of law rules. 

7) I agree to abide by any and all of the Blue Shore Pedal Lounge LLC rules, which I have been shown. I understand that failure to abide by these rules may result in the early termination of Blue Shore Pedal Lounge LLC services without a refund. I understand that if my group abandons the Blue Shore Pedal Lounge LLC, I am authorizing a penalty of $200 dollars to be charged using the credit card on file. I also agree that any photographs or other media recordings may be used to Blue Shore Pedal Lounge LLC for commercial purposes. I also consent to receiving an email asking for feedback from my experience. 

8) I agree and understand that the weight limit for any individual rider is 275 lbs. I understand that requirement is for my own safety and that I will not ride the Blue Shore Pedal Lounge LLC vehicle if I am above the weight limit. 

09) I agree that any photographs or other media recordings captured of me during my tour may be used by Blue Shore Pedal Lounge LLC for commercial purposes. I also understand and give my consent to have audio and/or video footage taken of me during my tour for quality assurance or for review in the case of an accident. I also consent to receiving an email asking for feedback from my experience. 

10) I understand and agree that if I request to wear a helmet in this waiver, it will be my responsibility to provide my own helmet and understand that it is not Blue Shore Pedal Lounge LLC’s responsibility to provide one for me or any other riders. 

11) I voluntarily release, forever discharge, and agree to indemnify and hold harmless Blue Shore Pedal Lounge LLC from any and all claims, demand, or causes of action, which are in any way connected with my participation in this activity or my use of the company’s equipment and facilities, and specifically in regards to any claims, demands or causes of action regarding the COVID-19 crises, including the potential that I may contract COVID-19 or another illness due to my participation in this activity, and any laws or regulations promulgated in response the pandemic. I acknowledge that the company will not provide me with any mask or any other equipment to help prevent the contraction of COVID-19, however I am able, using my own discretion, to use a mask provided by myself throughout the tour. I accept full responsibility for ensuring I wear a mask during the activity and for observing all local, state and federal public health regulations related to COVID-19 and wearing masks. 

By signing and/or reading this document, I acknowledge that if anyone is hurt or property 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 Blue Shore Pedal Lounge LLC on the basis of any claim from which I have released them herein. I also understand that Blue Shore Pedal Lounge LLC will have a notice posted on all party bikes and/or equipment that will be placed in position visible to all riders. The notice with state the following: " My participation and presence on the pedal lounge provides that I acknowledge, understand, and consent to all terms and agreements found on the waiver of liability which is accessible to all on BSPL's website found on the link below. www.bluepedallounge.com". I acknowledge, understand, and agree that it is my responsibility to read such postings to include any of my guests and all other riders participating in any activity. 

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. 
 

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