Adult Waiver Form

The Fresno Pedal Company Tiki Bike is a large, open-air, multi-passenger, electrically motor-assisted pedal vehicle.

The Tiki Bike, any similar vehicle operated by The Fresno Pedal Company, and all related equipment are referred to collectively in this agreement as the “Vehicle.”

I understand and acknowledge that:

• The Vehicle is operated and controlled by a Fresno Pedal Company driver or operator.
• The Vehicle contains passenger pedal stations, but passengers are not required to pedal.
• The Vehicle may start, move, stop, accelerate, slow down, reverse, or turn using electric motor power, regardless of whether passengers are pedaling.
• The Vehicle operates on or near public streets.
• The Vehicle may interact with automobiles, trucks, buses, motorcycles, bicycles, scooters, pedestrians, animals, emergency vehicles, road construction, traffic signals, and other roadway users.
• The tour may include temporary stops at bars, restaurants, entertainment venues, public areas, private properties, or other independently operated businesses.
• Participation may include boarding, exiting, sitting, pedaling, riding, walking to and from the Vehicle, visiting scheduled stops, using karaoke equipment, and participating in other activities connected with the tour.

These activities are collectively referred to as the “Activity.”

I understand that participating in the Activity involves inherent and other risks that cannot be completely eliminated without changing the nature of the Activity.

These risks may be known or unknown, obvious or hidden, foreseeable or unforeseeable. They include, but are not limited to:

• Collisions with automobiles, trucks, motorcycles, bicycles, pedestrians, fixed objects, or other roadway users
• Sudden starts, stops, turns, acceleration, deceleration, or unexpected movement
• Traffic accidents and the negligent, reckless, or unlawful actions of third parties
• Slipping, tripping, stumbling, or falling while boarding or exiting
• Falling from the Vehicle while it is moving or stationary
• Losing balance while sitting, pedaling, singing, reaching, or interacting with others
• Curbs, potholes, uneven pavement, road defects, debris, gravel, wet surfaces, sidewalks, stairs, parking areas, and poorly lit locations
• Contact with pedals, chains, sprockets, gears, wheels, motors, batteries, electrical systems, seats, or other mechanical components
• Pinching, crushing, entanglement, cuts, bruises, strains, sprains, broken bones, head injuries, or other bodily injuries
• Improper use, failure, loosening, or malfunction of seats, seatbelts, pedals, safety equipment, electrical components, or mechanical components
• Mechanical or electrical failure
• Heat, sun exposure, dehydration, cold, rain, wind, poor air quality, darkness, and other weather or environmental conditions
• Music, karaoke, lights, passengers, and other distractions
• Intoxicated, disruptive, careless, or unpredictable behavior by another person
• Injuries occurring at or while walking to or from a tour stop
• Actions or negligence of other passengers, staff, motorists, pedestrians, property owners, businesses, or third parties
• Loss, theft, or damage involving personal belongings
• Delayed access to emergency personnel or medical treatment
• Serious injury, illness, permanent disability, paralysis, property damage, or death

I understand that The Fresno Pedal Company cannot identify or predict every possible risk associated with the Activity.

I knowingly, freely, and voluntarily assume all inherent risks and other risks associated with participating in the Activity, whether known or unknown, foreseeable or unforeseeable, except to the extent a particular risk cannot legally be assumed or waived under California law.

I understand that participation is voluntary. I accept responsibility for my actions, conduct, physical condition, personal belongings, and compliance with all safety instructions.

To the fullest extent permitted by California law, I, on behalf of myself and my heirs, beneficiaries, representatives, executors, administrators, successors, and assigns, release, waive, discharge, and covenant not to sue:

• The Fresno Pedal Company
• Its owners, members, managers, officers, directors, employees, drivers, safety monitors, agents, representatives, contractors, and volunteers
• Its affiliates, successors, and assigns
• Participating property owners, landlords, event organizers, tour-stop businesses, and venues, but only with respect to claims connected with the Activity

These persons and entities are collectively referred to as the “Released Parties.”

This release applies to claims arising from the ordinary negligence of the Released Parties, including claims involving:

• Negligent operation or supervision of the Vehicle
• Negligent maintenance, inspection, setup, repair, or use of the Vehicle or its equipment
• Negligent selection or use of routes, stops, loading areas, unloading areas, or staging locations
• Negligent instruction, warning, training, monitoring, or enforcement of safety rules
• Negligent supervision of participants
• Negligent provision of or response to emergency assistance
• Negligent acts or omissions occurring during boarding, riding, pedaling, stopping, exiting, or participating in other tour-related activities

I understand that by signing this agreement, I may be giving up the right to recover compensation for injuries, death, property damage, or other losses caused by the ordinary negligence of a Released Party.

This agreement is not intended to release liability that cannot legally be released under California law.

It does not release claims arising from:

• Gross negligence
• Reckless misconduct
• Intentional misconduct
• Fraud
• Willful injury
• Violations of law that cannot legally be waived
• Any other liability California law prohibits from being released

To the fullest extent permitted by law, I agree to be responsible for third-party claims, property damage, losses, or reasonable costs caused by:

• My intentional misconduct
• My refusal to follow safety instructions
• My violation of Fresno Pedal Company rules
• My bringing prohibited alcohol, drugs, weapons, or dangerous items onto the Vehicle
• My material misrepresentation concerning my age, identity, condition, or ability to participate
• My intentional or careless damage to the Vehicle, equipment, or another person’s property
• My assault, harassment, threats, vandalism, or unlawful conduct

This provision is not intended to make me responsible for liability that cannot legally be transferred to me.

I agree to comply with all written and verbal instructions provided by The Fresno Pedal Company.

I agree that I will:

1. Wear the provided seatbelt or restraint whenever instructed and keep it properly fastened while the Vehicle is moving.
2. Remain properly seated unless staff expressly permit me to move.
3. Keep my hands, feet, hair, clothing, and belongings away from chains, gears, sprockets, wheels, motors, batteries, controls, and other moving or restricted components.
4. Not touch, operate, interfere with, or attempt to control the steering, brakes, motor, electrical system, driver controls, or safety equipment.
5. Board and exit only when instructed and after the Vehicle has come to a complete stop.
6. Wear closed-toe footwear suitable for boarding and riding.
7. Not wear high heels, clogs, or footwear that staff determine is unsafe.
8. Avoid long skirts, loose clothing, dangling accessories, or other items that could become caught in the Vehicle.
9. Follow all instructions concerning seating, pedaling, loading, unloading, karaoke equipment, personal belongings, and conduct.
10. Not litter, throw objects, fight, threaten, harass, expose myself, publicly urinate, gamble, or engage in unsafe, disruptive, or unlawful behavior.
11. Not bring weapons, illegal drugs, hard liquor, or dangerous items onto the Vehicle.
12. Immediately inform staff if I notice damaged equipment, an improperly operating seatbelt, a mechanical issue, an unsafe condition, or dangerous behavior.
13. Respect the driver, safety monitor, passengers, businesses, property owners, residents, and members of the public.
14. Comply with the maximum participant weight limit of 250 pounds per designated passenger seat.

I understand that The Fresno Pedal Company may assign seating or restrict use of a particular seat for safety, weight distribution, Vehicle balance, accessibility, or equipment-operation reasons.

I understand that passenger pedaling is optional.

I represent that I am reasonably capable of safely boarding, sitting on, riding, and exiting the Vehicle, with reasonable accommodations where applicable.

I agree to notify The Fresno Pedal Company before participating if I require assistance or accommodation related to boarding, seating, restraints, communication, or participation.

I will not participate when illness, injury, fatigue, medication, alcohol, cannabis, illegal drugs, or another physical or mental condition makes my participation unsafe.

The Fresno Pedal Company may refuse or terminate my participation if staff reasonably believe that I cannot safely participate, cannot properly use the required restraint, or present a danger to myself or others.

I understand and agree that:

• Hard liquor is prohibited.
• Alcohol may only be brought or consumed when expressly permitted by The Fresno Pedal Company.
• Permitted alcohol is limited to beer, wine, or champagne.
• Unless otherwise stated in writing, the maximum permitted amount is:
  • Up to 48 ounces of beer per eligible rider, or
  • Up to 32 ounces of wine or champagne per eligible rider
• I must be at least 21 years old and provide valid identification to possess or consume alcohol.
• If any person participating in the reservation is under 21 years old, no person in the party may bring, possess, open, or consume alcohol on the Vehicle.
• The Fresno Pedal Company may refuse service to anyone who appears dangerously intoxicated or impaired.
• Staff may require prohibited alcohol to be removed.
• Permission to bring alcohol does not mean The Fresno Pedal Company is selling, serving, providing, or encouraging alcohol consumption.
• I remain personally responsible for my alcohol consumption, behavior, transportation decisions, and compliance with the law.
• Alcohol violations may result in refusal to begin the tour or immediate termination of participation.

I understand that tour stops may be independently owned and operated businesses that The Fresno Pedal Company does not control.

I agree to follow the rules of each establishment and understand that:

• Admission or service is not guaranteed
• A business may refuse entry or service
• The Fresno Pedal Company is not responsible for food, drinks, premises, employees, services, or conditions provided by an independent business
• I am responsible for safely entering, exiting, and moving through each location
• I must return to the Vehicle at the time directed by staff
• My behavior at a tour stop may affect whether the tour continues

The Fresno Pedal Company may change, skip, or eliminate a stop because of traffic, safety concerns, business closures, weather, crowding, scheduling, or other operational issues.

The Fresno Pedal Company may refuse to begin or may terminate my participation if staff reasonably determine that I:

• Am dangerously intoxicated or impaired
• Refuse to follow instructions
• Fail to properly use a seatbelt or restraint
• Engage in violence, threats, harassment, indecent conduct, or illegal activity
• Bring prohibited liquor, drugs, weapons, or dangerous items
• Damage the Vehicle or other property
• Create a danger to myself or others
• Interfere with the driver or Vehicle controls
• Engage in excessive noise or behavior that threatens safety
• Litter, publicly urinate, expose myself, gamble, or refuse to leave after being instructed
• Materially violate this agreement or Fresno Pedal Company rules

Refunds, cleaning charges, prohibited-liquor charges, damage charges, deposits, cancellations, and other payment matters are governed by the separate reservation agreement accepted by the booking customer.

If an accident, illness, or emergency occurs, I authorize The Fresno Pedal Company to:

• Contact 911 or other emergency services
• Provide reasonable first-response assistance within the training and ability of available staff
• Provide emergency personnel with information reasonably necessary to assist me
• Contact the emergency contact listed above

Emergency care will not be intentionally delayed while attempting to reach my emergency contact.

I understand that The Fresno Pedal Company:

• Is not a medical provider
• Does not guarantee that emergency treatment will be immediately available
• Does not guarantee the quality or outcome of emergency treatment
• Is not responsible for medical decisions made by independent emergency personnel or healthcare providers

I accept financial responsibility for ambulance, medical, dental, hospital, surgical, diagnostic, or other treatment provided to me, except where another person or entity is legally responsible.

I am responsible for my phone, wallet, purse, clothing, camera, drinks, and other belongings.

I understand that personal property may fall, spill, break, become damaged, or be lost or stolen during the Activity.

To the fullest extent permitted by law, The Fresno Pedal Company is not responsible for loss of or damage to personal property unless caused by conduct that cannot legally be released or limited.

Participation in the tour is not conditioned upon agreeing to promotional photo or video use.

Please Answer BELOW:

YES — I give permission for The Fresno Pedal Company to use identifiable photographs, video, audio, or recordings of me for lawful advertising, social media, website, promotional, educational, and business purposes.

I understand that I will not receive payment or royalties and that permission may be withdrawn for future use by providing written notice. Withdrawal may not require removal of materials already printed, distributed, posted, or incorporated into completed materials. 

NO — I do not give permission for The Fresno Pedal Company to intentionally use identifiable photographs, video, audio, or recordings of me for advertising or promotional purposes.

I understand that I may appear incidentally in general street, crowd, security, documentary, or operational footage where legally permitted.

This agreement shall be interpreted under California law.

Any legal action relating to this agreement or the Activity shall be brought in an appropriate court located in Fresno County, California, unless applicable law requires otherwise.

If any provision is found invalid, unlawful, or unenforceable, that provision shall be limited or removed only to the extent necessary. The remaining provisions shall continue in effect to the fullest extent permitted by law.

By electronically signing below, I acknowledge and represent that:

• I am at least 18 years old.
• I have read this entire agreement.
• I understand its terms.
• I understand the nature of the Tiki Bike and the Activity.
• I understand and voluntarily assume the risks described above.
• I understand that this agreement contains a release of claims involving ordinary negligence.
• I understand that I am giving up substantial legal rights.
• I have had the opportunity to ask questions before signing.
• I am signing freely and voluntarily.
• I am not relying upon any statement or promise that contradicts this written agreement.
• The information I provided is accurate and complete.
• My electronic signature is intended to have the same effect as my handwritten signature.
• I may request an electronic or paper copy of the completed agreement.
• This agreement applies to the reservation and tour date identified above.