I affirm that I am at least eighteen (18) years of age, and in consideration of the right to use the Cycle Party Bike I do hereby agree as follows: I understand that riding the Cycle Party Bike is a potentially dangerous activity. I understand that I may be injured or may injure someone while riding and using the Cycle Party Bike. I assume the risk that I may be injured and/or injure someone else while riding and using the Cycle Party Bike. I assume all risks associated with my riding in and use of the Cycle Party Bike and, to the extent allowed by governing law, hereby waive liability, release and forever discharge, and covenant not to bring any action against CP Tours, Limited Liability Company or any of its subsidiaries, all doing business as Cycle Party: Cycle-Party Miami, LLC, Cycle-Party Fort Lauderdale, LLC, Cycle-Party Palm Beach, LLC, Riverwalk Activities Center, LLC, its officers or directors, its successors and/or assigns, and its agents and/or employees of and for any action for negligence, breach of any implied or express warranties, products liability, damages or any other kind of claims or causes of action in law or equity for personal injury or sickness, property loss or property damage or any harm that may be caused or suffered as a direct or indirect result of my riding in and use of the Cycle Party Bike. I further agree to release, indemnify and hold harmless the owners and manufacturers of the Cycle Party Bike from any liability against any and all claims, including damages or demands of third parties resulting directly or indirectly from my actions without limitation as a result of my riding in and use of the Cycle Party Bike. The Cycle Party Bike is of proprietary manufacture, and I agree not to build or cause to be built any vehicle of the same or similar construction nor operate a party bike in the same cities as Cycle Party. I agree that if any provisions of this release or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this release and the application of such provisions shall not be affected thereby and shall be enforced to the greatest extent permitted by law. I decline to accept the offer of the free use of a helmet while riding the Cycle Party Bike. The laws of the State of Florida shall govern this release and I agree that any legal proceedings brought by either party in connection with this release shall be brought in Broward County, Florida. I release my image and likeness from photographs, video or audio taken by Cycle Party during my tour. I agree to do so without compensation. |