LIABILITY WAIVER

Please read this waiver carefully, as it limits your rights to sue. All participants must agree to and sign this waiver to participate.

TOUR CDA SEGWAY TOURS

AGREEMENT TO PARTICIPATE AND WAIVER, RELEASE AND INDEMNIFICATION FORM

Please read carefully. This agreement limits your legal rights. There is no financial penalty if you choose not to participate after the Segway orientation. This is a physical activity in an uncontrollable environment.

 

I acknowledge that the activity entails physical exertion and I understand that there are inherent and unanticipated risk to riding the Segway which, when combined with the forces of nature, or acts of commission, or omissions, by participants or others could result in severe physical, mental and or emotional injuries, including but not limited to paralysis, spinal injury, head injury, stress, and or other damage(s) to myself or my death.

 

Riding paths utilized are selected for their scenic beauty and may not be the safest route between two points. I understand that riding the Segway subjects me to hazards posed by bicycles, pedestrians, traffic, road hazards, the elements, terrain, road, sidewalk or other pathway conditions. When walking to or from the Segway there will be irregularities in the terrain that may include rocks or other obstacles and hazards including both natural and man-made obstacles that could cause injury if one is not personally vigilant to avoid them.

 

I certify that I understand this activity has potential risks including but not limited to:

  1. Injury by falling off a Segway or injury by hitting an object or another Segway with your Segway.

  2. Motorized vehicles that are traveling on the roadway, vehicles that are parked in spots close to sidewalks.

  3. Mental stress and anxiety.

  4. Objects, curbs, signs, pedestrians, road hazards

  5. Being in public with people, bicycles, other Segways, skateboards, and vehicles.

I hereby certify that I am physically able and have not been advised against participating in such an activity. Additionally, I certify that I weigh between 100 and 260 pounds and I can climb a flight of stairs unassisted and without using a handrail and that I have no medical or physical conditions (including pregnancy) that could  interfere with my safe participation in this activity. I am at least 12 years of age and if I am under the age of 18, it is acknowledged that my parent or guardian must execute this consent on my behalf. I have been offered a helmet and safety vest free of charge to wear while participating and I agree to wear them at all times while operating or standing on a Segway.

 

I understand and agree that I am solely responsible for all damage(s), lost items, and injuries incurred or caused by and to myself, other people, property, or Segways and vehicles while I am operating my Segway. I understand the Segway is very maneuverable and quick to respond. The Segway unit can go both forwards and backwards very easily. Should I decide to operate the Segway backwards for more than 1 foot, I understand I am greatly increasing my chances of injury or death.

 

I understand and agree that I must not ride the Segway if I am under the influence of alcohol or drugs, or otherwise impaired.

 

Cooper Logistics LLC, DBA: Tours CDA and their respective owners, operators, employees, and management accepts no responsibility for your personal possessions no matter what the cause of their damage or loss. No cell phone use, picture taking, or videography is allowed while operating the Segway.

 

I understand that the tour guide is not a medical professional and cannot assess my physical or emotional condition. I have taken whatever steps I deem necessary to determine that my family and I, including my minor children are in good health with no physical or psychological problems or illness that might limit our participation. My family and I have the physical strength and presence of mind to handle the physical exertion associated with the activities for which we have contracted.

 

I understand and acknowledge that no medical insurance coverage or benefits will be provided to me during or after the Segway tour. I affirm that I have medical insurance or personal financial resources sufficient to cover the cost of rescue, transportation and or medical treatment that I may require, and agree to pay all such expenses incurred on my behalf. I understand and acknowledge that Cooper Logistics LLC, DBA: Tour CDA does not carry Liability Coverage.

 

In consideration for my participation in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

 

A) I hereby waive, release, and discharge from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, the following entities or persons: Cooper Logistics LLC, DBA Tour CA, and their directors, officers, employees, volunteers, representatives, and agents of any and all entities authorizing this activity.

 

B) Indemnify, hold harmless, and forever promise not to sue the entities or persons mentioned in the previous paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of the Released Parties or others.

 

I acknowledge that the directors, officers, employees, volunteers, representatives, and agents of any authorizing entity are not responsible for the errors, omissions, acts, or the failures to act of any party or entity conducting a specific activity on their behalf. I hereby consent to receive medical treatment that may be deemed advisable in the event of an injury, accident, and/or illness during my participation in this activity.

 

Responsibility for negligence for personal injury, property damage, and loss is limited to the price paid for participation.

 

I further consent to Cooper Logistics LLC, DBA: Tour CDA in taking photographs, video recordings, or other images of me during the demonstration and tour and then using such images in its advertising, instructional, and promotional materials in any medium without any compensation to me and without any further consent, unless I opt out by initialing here______

 

I understand that this contract is an assumption of risk acknowledgment and a waiver and release of liability agreement and I am signing it voluntarily. The terms of this contract shall serve as a release and assumption of risk for my heirs, executors and administrators and for all members of my family, including any minors accompanying me. The proper venue for any legal action arising out of this activity, whether contract or tort, shall be in the State Courts of Kootenai County, Idaho.

 

To the extent that the scope of this release is unenforceable in such jurisdiction, such scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this release enforceable in such jurisdiction, without invalidating any other portion of this release.

 

By signing this document, I certify that I have read the form completely and understand it and I am not relying on any statements or representations of any of the released parties and that I have been given sufficient time to read and ask questions regarding this release.

 

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Participants Name (print)______________________________Date:______________________________

 

Signature____________________________________________

 

Minor’s Name (print)_____________________________________ Age_______

Minor’s Name (print)_____________________________________ Age_______

Minor’s Name (print)_____________________________________ Age_______

 

Signature of Parent or Guardian of Minor_______________________________________________________

 

Home Address___________________________________________

___________________________________________________________

Email _____________________________________________________

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