Assumption of Risk, Release of Liability, Hold Harmless, Waiver of Claims, Indemnification, Limitation of Liability, Arbitration, & Behavior Agreement
I understand that participating on The Michigan Pedaler (TMP) is a potentially dangerous activity. I assume the risk that I may be injured and/or injure someone else while using The Michigan Pedaler. I assume all risks associated with my use of The Michigan Pedaler and will not bring any action against The Michigan Pedaler, its successors and/or assigns, its owner, managers or drivers for personal injury, property loss or property damage, including any damage for negligence, breach of warranty, products liability or strict liability. Such entities will not be liable for any injury including without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to me. Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to the actual purchase price of the rental of the bike. Specifically, an arbitrator nor a court can award either party any indirect, special, incidental, consequential or punitive damages, even if one party told the other party that they might suffer these damages. I further agree to release indemnify and hold harmless the owners and manufacturers of The Michigan Pedaler from any liability against any and all claims including damages or demands of third parties as a result of my use of TMP. Should The Michigan Pedaler or anyone acting on its behalf be required to incur attorney’s fees to enforce this agreement, rider agrees to indemnify them and hold them harmless for all such fees. If a rider attempts to make a claim against TMP in direct violation of the terms of this agreement, the claim must be heard by an arbitration panel through the American Arbitration Association. Any arbitration must first determine if the claim should be summarily dismissed pursuant to the waivers, releases of liability, assumptions of risk, indemnification, limits of liability and other broadly worded terms and conditions contained in this agreement. By signing the agreement, all riders give up the ability to sue TMP in court. I, the participant, and/or the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, agree to these terms listed above.
I realize that it is my decision if I choose to wear or not wear a bicycle helmet and am aware that it is my responsibility to supply a helmet or request one from TMP.
I understand the following:
1. Passengers 21 years of age and older may bring their own alcohol and consume it while on The Michigan Pedaler. You may not bring alcohol on the bike from bars or other establishments. Per the City of Detroit, you may not purchase alcohol for the ride during the ride. The driver or The Michigan Pedaler is not responsible should you be in violation of other laws. Each guest is responsible for their own decisions and mindful of any responsibilities (ie. driving a car) after the ride.
2. The Michigan Pedaler Driver is responsible for The Michigan Pedaler and his/her decisions are final.
3. Inappropriate behavior before, during, and after rides will result in the offending passengers being asked to disembark The Michigan Pedaler and face possible fines. These include but are not limited to:
- Extreme intoxication
- Foul language or gestures
- Open container violations
4. Severe transgressions of the above will result in the Driver ending the ride immediately and could result in additional charges of up to $250 being charged to the renter’s credit card. No refunds will be provided for the cancelled part of the tour.
5. All laws and rules regarding alcohol apply to all passengers before, during, and after The Michigan Pedaler tour.
6. Food and beverages are not to be brought into any bar or business establishment.
7. Any person arriving in an intoxicated condition shall not be allowed on The Michigan Pedaler.
8. Participant grants TMP and its representatives and employees the right to take photos and video of Participant in connection with Participant’s participation on TMP. Participant authorizes TMP to co