ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
You understand that as a participant in the Adventure DC Tricycle Tours and Barry I. Silber activities, you will engage in a guided scooter tour(s), golf cart tour(s), pedicab tricycle tour(s) or motorvehicle tour(s) on public and private roads, hiking and biking trails, sidewalks, and other public and private areas. Activities include but are not limited to: cycling and walking on public and private roads, hiking and biking trails, sidewalks, and other public areas where motor vehicles, bicyclists, other scooters, pedestrians, animals, and unknown conditions may be encountered. Some, but not all, of the risks I may encounter include, but are not limited to: falling; being struck by objects, animals, persons, bicycles, or vehicles; physical contact with other participants or other individuals; road or terrain hazards; exposure to adverse or extreme weather conditions; and physical exertion. All of these risks are inherent to Adventure DC Tricycle Tours and Barry I. Silber activities and cannot be changed or eliminated without altering the essential activities of the Adventure DC Tricycle Tours and Barry I. Silber bicycle tour service. You acknowledge that there are inherent risks involved with my participation in Adventure DC Tricycle Tours and Barry I. Silber activities that can cause or lead to death, injury, illness, mental or emotional trauma, or disability and that Adventure DC Tricycle Tours and Barry I. Silber assumes no liability with my participation in these activities and/or exposure to these risks. You have had the opportunity to ask questions about the activities and the risks of the Adventure DC Tricycle Tours and Barry I. Silber activities in which you will participate. You attest that you are physically fit and have no known medical conditions or behavioral issues that would inhibit my participation in such activities. You agree to follow all laws. You agree to assume all of the risks of the activities of Adventure DC Tricycle Tours and Barry I. Silber activities, whether inherent or not and whether described above or not.
MEDICAL CONSENT
Should you require medical treatment while participating in Adventure DC Tricycle Tours and Barry I. Silber activities, you give permission to the employees, independent contractors, volunteers, and agents of Adventure DC Tricycle Tours and Barry I. Silber to use his or her judgment in obtaining medical services and you give permission to the hospital and its medical staff selected by such persons to render medical treatment as a physician deems necessary or appropriate. You understand that Adventure DC Tricycle Tours and Barry I. Silber may not carry insurance covering such medical or hospital costs and agree that any such costs shall be my sole responsibility.
LIABILITY RELEASE AND INDEMNITY
You hereby forever release, waive, and discharge Adventure DC Tricycle Tours and Barry I. Silber and its employees, officers, directors, independent contractors, volunteers, agents, and all other persons or entities acting under the direction and control of Adventure DC Tricycle Tours and Barry I. Silber (collectively, "Released Parties") from, and agree not to pursue a claim or sue the Released Parties or any of them for, any liability, claim, or expense in any way associated with my participation in Adventure DC Tricycle Tours and Barry I. Silber activities or the use of any bicycles or equipment. Neither you nor anyone acting on my behalf will make a claim against the Released Parties as a result of any injury, illness, damage, death, or loss. This release is intended to discharge in advance, and includes, any losses caused or alleged to be caused, in whole or in part, by the negligence, whether active or passive, of the Released Parties to the fullest extent allowed by law (but not for gross negligence) and includes claims for injury, property damage, wrongful death, breach of contract, or any other type of suit.
You do hereby agree to release and hold harmless Adventure DC Tricycle Tours and Barry I. Silber and all Released Parties and agree to indemnify and defend each of them from any and all claims, costs, suits, actions, judgments and expenses, including attorneys’ and experts’ fees, with respect to any and all claims brought by or on behalf of me, a family member, personal representative, estate, a co-participant, or any other person for any claims related to my participation in Adventure DC Tricycle Tours and Barry I. Silber activities or my use of any bicycles or equipment, including claims that the Released Parties were negligent.
The acknowledgment and assumption of risk, medical consent, liability release and indemnity, and all other provisions in this document are intended to be as broad and inclusive as is permitted by the laws of the District of Columbia, and this agreement shall be governed by and interpreted in accordance with the laws of the District of Columbia. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions, which shall continue in full force and effect.
You have carefully read, understand, and voluntarily sign this document. You understand that you are surrendering certain legal rights. You agree that this form shall be binding on me and other family members, and my heirs, executors, representatives, and estate. You hereby warrant that you have legal authority to act on my behalf. You hereby certify that the information supplied in connection with my participation in the Adventure DC Tricycle Tours and Barry I. Silber activities is, to the best of my knowledge, complete and accurate. You agree to the terms and conditions of the Acknowledgement and Assumption of Risk, Medical Consent, and Liability Release and Indemnity.