Exención

PLEASE READ THE FOLLOWING IN FULL: The individual identified below (“participant”, “I”, “me”, “my”, “you”, or “your”) wishes to actively participate in a bike tour (and other related activities) provided by Original NYC, LLC, a State of New York Limited Liability Company (“Original NYC”, “Company”, “we”, “us”, or “our”) that involves my riding a bike (also known as, bicycle, bicycling or cycling) in and around New York, New York, U.S.A. (“Tour”). By clicking my acceptance below, or by paying for the Tour and/or appearing at the Tour’s designated location/day/time, I voluntarily and unconditionally: (a) agree to be bound by these terms and conditions (“Terms, conditions & Waiver”, “Terms”, or “Waiver”), which includes forever releasing the parties identified below; and (b) if accepting this Waiver on behalf of myself, I hereby represent and warrant that I am at least eighteen (18) years of age; provided, however that, if accepting this Waiver on behalf of another individual (for example, my child under the age of 18 years), I hereby represent and warrant that I have the legal authority to accept and agree to this Waiver on such individual’s behalf. I AM AWARE AND UNDERSTAND THAT THE TOUR INVOLVES POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, FINANCIAL LOSS AND OTHER RISKS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT CONDUCT OR RESPONSE OF A THIRD PARTY OR OF THE COMPANY. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE TOUR WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, PROPERTY DAMAGE, FINANCIAL LOSS AND ANY AND ALL OTHER RISKS ARISING FROM MY PARTICIPATION IN THE TOUR, WHETHER CAUSED DIRECTLY OR INDIRECTLY BY THE NEGLIGENCE OF THE COMPANY, ANOTHER PARTICIPANT OR OTHERWISE. I UNCONDITIONALLY ACKNOWLEDGE AND AGREE THAT I PARTICIPATE IN THE TOUR AT MY SOLE RISK. 1. Release. I hereby expressly waive and release any and all claims, now known or hereafter known, for myself, my heirs, executors, administrators and assigns, against the Company, and its officers, directors, manager(s), contractors, employees, agents, affiliates, members, successors, assigns and other Tour participants (collectively, "Releasees"), on account of injury, disability, death, and/or property damage arising out of or attributable in any way to my participation in the Tour, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. To the maximum extent provided by applicable law, I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. 2. Indemnification. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Waiver, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my own gross negligence, willful misconduct and/or recklessness. 3. Dangers. I understand and acknowledge that the Tour involves my riding a bike on roads in a major city, which may involve both expected and unexpected risks and dangers, including those associated with the conditions of the road, the bike issued to me, the risk of falling, colliding with other bicyclists, motor vehicles and/or stationary objects. My participation is voluntary and done at my sole risk. I voluntarily assume all risks of loss, damage or injury that may be sustained while participating in the Tour. I represent and attest that I am (a) free of any health conditions that would increase risk of injury to myself or others; and (b) now, and during the Tour, in a physical condition and sufficiently trained for all types of bicycling, even knowing that bicycling can be physically demanding and require extraordinary care when it comes to biking around a city. 4. Health. I understand and accept full responsibility for my: (a) well-being and health before, throughout, and after the Tour, which may involve a variety of strenuous activities, unfamiliar locations, and modes of travel, including but not limited to walking and bicycling for long periods of time generally, climbing stairs, crossing busy bridges, tunnels, roads and traffic intersections, bicycling through traffic, maneuvering and/or walking through unfamiliar, narrow and/or steep hills, corridors, roads, stairways and similar routes and other activities connected with a city bike tour; (b) appearing for, and participating in, the Tour in both a physical and mental state that enables my (without any inhibition on any other Tour participant, Company staff, and/or third party), to fully and actively participate in the Tour, without being under the influence and/or impairment of any drug and/or alcohol (nor will I carry any of the foregoing, nor any illicit substances and/or contraband, anywhere on my person during the Tour). I also realize and accept the additional risks and hazards involved with walking and biking on roadways that are used at the same time as motor vehicles (including trucks, construction vehicles and other machinery and equipment), and also may contain unexpected and/or not readily perceived conditions, such as blowing heat and steam, poorly maintained roads (e.g., potholes), poor or reduced visibility, and other potentially dangerous conditions. 5. Medical Care. I understand that no bike tour can guaranteed to be safe and seamless. I understand that participants in the Tour may sustain mortal or serious injury as a result of their participation. I acknowledge and agree to promptly tell the Company’s staff if I am injured before or during the Tour (even if minor). I hereby acknowledge and consent to the Company securing medical treatment for me (including transportation via ambulance to a hospital) when deemed necessary if I am injured or require medical attention during my participation in the Tour, and if required by medical staff, sharing my basic identifying and contact information should my injury prevent me from doing so myself. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I understand and agree that medical or other services rendered to me by or at the insistence of any of the above parties are not an admission of liability to provide or continue to provide such services, and are not under a waiver by any of the said parties of any right provided under this Waiver. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based directly or indirectly on such treatment or other medical services. 6. Equipment. I understand that the Company will provide me with certain equipment and other gear during the Tour (for example, a bike and helmet). I agree to be solely responsible for all such equipment and gear at all times, including ensuring all equipment and gear is returned to the Company upon my departure from the Tour, no matter the circumstance. Should I damage in any way or lose any such equipment or gear, I agree to promptly and completely reimburse the Company for such damage or loss. I acknowledge that it’s my sole responsibility to fully check all equipment and gear provided to me prior to my use, and will promptly inform the Company if I find that it’s not in good condition and will refrain from using it. Upon my departure from and/or completion of the Tour, if I fail to return the equipment or gear in the same condition as initially provided to me, I agree to promptly reimburse the Company accordingly, and such reimbursement shall be set at US 450.00 per bicycle and US 40.00 per helmet. I understand and agree that I may be charged these amounts (and any other expense incurred by the Company or any third party arising from my conduct during the Tour), and authorize the Company to automatically charge the credit card (or other payment method) I provided during Tour booking. I acknowledge and agree that the Company makes no guaranties, representations and/or warranties of any kind (whether express or implied) with respect to the quality and/or integrity of any equipment, gear, food, beverage and any other good, material and/pr communication provided to me before, during or after the Tour (including any result arising therefrom) whether provided by the Company or a third party. 7. Tour Scheduling & Fees. I agree and consent to the Company charging my credit card (or other payment method that I provide) the amount indicated during my booking for my participation in the Tour. I understand that the Company will do its best to ensure that the Tour booked occurs in the format, and at the location/date/time, described during my booking, but acknowledge that the Company can’t 100% guarantee it because there could be logistical challenges that could arise beyond its control in organizing the Tour. Accordingly, the Company will contact me to confirm the Tour’s location/date/time at least 24 hours in advance of my Tour’s start date. I agree and consent to communicating with the Company electronically (e.g., via email and/or text message) and that unless I provide express written notice to the Company to the contrary, the Company may contact me using the contact information I provide during booking. I understand and agree that, unless otherwise expressly stated on the booking page upon my booking, I will be entitled to a refund or credit in solely the following circumstances: (a) if the Company cancels the Tour and cannot reschedule the Tour for a day/time occurring within 72 hours thereafter; or (b) if I cancel my participation in the Tour at least 72 hours in advance of the Tour. If I cancel my participation in the Tour less than 72 hours in advance, I will be entitled to no refund or credit of any kind. If I cancel my participation in the Tour less than 24 hours in advance, fail to timely appear for the Tour or am dismissed from a Tour with cause (under the circumstances described in this Waiver), I agree to promptly pay an additional cancellation fee to the Company amounting to 50% of the total price I paid during booking, which I agree and consent to the Company automatically charging my credit card (or other payment method I provide) the full amount for (“Cancellation Fee”). For the avoidance of doubt, unless otherwise expressly stated hereunder, I acknowledge and agree that all sales are final and no refunds will be issued after sale for any reason; additionally, the Company reserve the unconditional right to terminated any Tour or purchased services if deemed necessary (whether due to inclement weather or otherwise), and no refund or credit will be issued. 8. Marketing. I hereby grant to the Company a worldwide, perpetual, royalty-free license to use, display, reproduce and creative derivative works in any medium using my image and/or voice, photographic, video, or digital likeness, including any communication, feedback and testimony I give relating to the Tour and/or the Company, for the Company’s promotional, marketing, and similar commercial purposes in accordance with applicable law. I hereby represent and warrant that I am authorized to grant the aforementioned license. 9. Laws & Conduct. I acknowledge and agree to at all times comply with and abide by: (a) all applicable rules, regulations and laws (including those relating to bicycle riding), including, but not limited to the New York City Traffic Rules & Regs and the N.Y.C. Administrative Code; and (b) all instructions and communications given by the Tour’s staff. I understand and agree that until the Tour is completed, I may not leave or abandon the Tour after five (5) minutes once it’s started; provided that, if I do nevertheless leave or abandon the Tour before it’s completion, I may be charged the Cancellation Fee and/or be entitled to no refund or credit of any kind. I acknowledge and agree to at all times conduct myself in a courteous manner (including but not limited to avoiding any disruptive and/or offensive conduct) and to be respectful towards all Company staff, other Tour participants and third parties. I understand and agree that if I at any time fail to conduct myself in a courteous and respectful manner, or interfere with the Tour, or any other Tour participant’s experience, in any way (even if indirectly), the Company (in addition to any other remedy available) reserves the right to immediately dismiss me from the Tour at any time (without any obligation or liability to the Company or any third party) and if the circumstances call for it, report my conduct to the authorities. In such event, I agree to immediately return all equipment and gear to the Company and will likewise be entitled to no refund or credit of any kind. 10. Other Terms. By accepting this Waiver, I acknowledge and agree to the Company’s Terms of Use (www.originalnyc.io/termsofuse) and Privacy Policy (www.originalnyc.io/privacy). 10. Miscellaneous Terms & Waiver. These Terms & Waiver constitute the sole and entire binding agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any provision of this Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Waiver or invalidate or render unenforceable such provision in any other jurisdiction. These Terms & Waiver are binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to the making or performance of this Waiver whether sounding in contract, tort or statute shall be governed by and construed exclusively in accordance with and enforced under the internal laws of the State of New York, U.S.A. (including its statute of limitations without giving effect to any choice or conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York, U.S.A. Any claim or cause of action arising under this Waiver may be brought only in the federal and state courts located in New York, New York, U.S.A., and I hereby consent to the exclusive jurisdiction of such courts. 11. My Certifications. I represent and certify that: (a) I have fully read and understand everything set forth in this Waiver and unconditionally and voluntarily consent to be bound by this Waiver; (b) I am the adult individual (or parent/legal guardian of the minor participant(s)) I identify below (or on the next page, or elsewhere upon my acceptance of this Waiver) and I further acknowledge and agree that each such minor participant of the Tour is also bound by the terms of this Waiver; (c) I comprehend the English language (whether verbal or written); and (d) if accepting this Waiver on behalf of a minor participant, I agree to at all times remain responsible for supervising such minor participant before and during the Tour. DESPITE MY GIVING UP SUBSTANTIAL LEGAL RIGHTS, BY ENTERING THE REQUESTED INFORMATION BELOW (OR ON THE NEXT PAGE OR FORM), I ACKNOWLEDGE AND AFFIRM THAT I HAVE VOLUNTARILY FULLY READ, UNDERSTAND AND AGREE TO ALL OF THE ABOVE TERMS.