The HandleBar Australia PTY LTD Liability Agreement
THE HANDLEBAR RULES
I have read and agree to obey all of the following during the tour:
- All riders aboard tours that consume alcohol must be 18 years of age or older.
- Such riders may purchase beer and/or wine prior to tour departure
- All alcoholic beverages and people holding them must remain on the HandleBar at all times.
- Inappropriate behavior will result in the driver asking the renter to ask the offending passenger(s) to immediately disembark.
- The driver's decisions are final.
Inappropriate behavior (as determined by the driver) before, during or after tours includes, but is not limited to:
- Providing alcohol to non-passengers
- Excessive noise
- Public urination
- Loitering more than 5 minutes after tour
- Bringing or Drinking liquor on the tour
- Any forms of public nudity
- Physically endangering themselves by acting careless on the bike (i.e. jumping off the bike moving, refusal to stay seated, hanging out into traffic etc.)
Severe transgressions of the above will result in the driver ending the tour immediately and result in a fee of $500 to be charged to renters credit card.
I understand that operating and/or traveling on the HandleBar and participating in tours is a potentially dangerous activity. I desire to sign this document in order to accept this risk as my own and to defend, indemnify, and hold The HandleBar harmless for any actions brought against them before, during, and after the tour.
Assumption of Risk: I understand that there is a possible risk of injury, whether caused by me or someone else, in the use of, or presence on, The HandleBar and participation in programs or tours. I understand and voluntarily accept this risk. I agree to specifically assume all risk of personal injury, whether physical or mental or otherwise, as well as all risk of loss, theft or damage of personal property while using or present on The HandleBar or at the establishments/locations where the tour may visit or at any other time and any other location before, during and after the tour.
Alcohol: To the extent described in this instrument, responsible and legal consumption of alcohol is allowed on The HandleBar. However, it is the RIDER'S RESPONSIBILITY TO MAKE SURE THEY FOLLOW ALL LAWS AT ALL TIMES WHILE ON THE TOUR, INCLUDING, BUT NOT LIMITED TO, LAWS REGARDING PUBLIC CONSUMPTION OF ALCOHOL AND PUBLIC INTOXICATION. IT IS THE RIDER'S RESPONSIBLY TO NEVER BECOME INTOXICATED DURING THE TOUR. SHOULD THE RIDER BECOME INTOXICATED IN VIOLATION OF LAW OR ORDINANCE, THE RIDER IS EXPRESSLY DOING SO AT HIS OWN RISK AND THE HANDLEBAR ASSUMES NO LIABILITY FOR ANY CIVIL OR CRIMINAL VIOLATION OR DAMAGES THAT MAY BE ASSESSED AGAINST ANY RIDER AS A RESULT.
The HandleBar is of proprietary manufacture, and I agree not to build or cause to be built any vehicle of the same or similar construction or design. Same or similar design shall be defined as a four (4) wheeled vehicle which has seating for at least 10 and is propelled by human power via foot pedal. Further, I agree to follow the HandleBar Rules which are attached to this instrument and which I acknowledge to have received. I affirm that I am at least 18 years of age and of sound and sober mind and capable of making this RELEASE. By signing this waiver, I hereby consent to allow The HandleBar to use any images of me for their marketing efforts.
RELEASE OF LIABILITY: I RELEASE AND WAIVE ANY AND ALL CLAIMS OR ACTIONS THAT I MAY EVER HAVE THAT MAY ARISE OR BE BROUGHT AGAINST THE HANDLEBAR AUSTRALIA PTY LTD, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, HOLDING COMPANIES OR ASSIGNS AS WELL AS OWNERS AND EMPLOYEES AND THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS AS A RESULT OF ANYTHING WHICH OCCURS BEFORE, DURING, OR AFTER THE TOUR, INCLUDING BUT NOT LIMITED TO INJURY, LOSS, THEFT OR DAMAGE TO ANY PERSON OR PROPERTY, NOW OR AT ANY TIME IN THE FUTURE WHETHER OR NOT CAUSED BY THE HANDLEBAR OR THE OTHER ENDEMNITORS. I AGREE TO DEFEND, INDEMNIFY AND HOLD THE HANDLEBAR AS WELL AS ITS OWNERS, DIRECTORS, AND EMPLOYEES AND THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS HARMLESS AGAINST ANY AND ALL CLAIMS BROUGHT BY ME OR OTHERS IN MY PARTY ARISING OUT OF OR RELATING TO ANYTHING WHICH OCCURS BEFORE, DURING OR AFTER THE TOUR.
I have read, understood, and I agree to the above provisions, including, but not limited to, MY ASSUMPTION OF RISK, RELEASE, AND INDEMNITY TO THE INDICATED PARTIES FOR PARTICIPATING IN THIS TOUR. FURTHER, I AGREE AND ACKNOWLEDGE THAT I UNDERSTAND ALL THE LANGUAGE IN THIS DOCUMENT AND WHAT I AM DOING BY SIGNING IT. IF I DID NOT FULLY UNDERSTAND WHAT THIS DOCUMENT MEANS, I WOULD NOT SIGN THIS DOCUMENT OR TAKE A TOUR UNTIL I HAD BEEN ADVISED REGARDING IT BY MY OWN ATTORNEY.
Paying passengers on three or four wheeled bicycles, are not required to wear helmets
We always have helmets on board for those that want to wear them.
If you choose to wear a helmet, the helmet must be worn for the duration of the tour.