1. Parent or Legal Guardian Authority
I represent and certify that:
- I am the parent or legal guardian of every Minor Participant identified in this agreement.
- I have legal authority to make decisions concerning the Minor Participant’s participation.
- I have legal authority to sign this agreement.
- I am not aware of any custody order, court order, guardianship restriction, or other limitation that prevents me from authorizing the Minor Participant’s participation.
- All information provided in this agreement is accurate and complete.
- I will explain the applicable safety rules to the Minor Participant in a manner appropriate for the Minor Participant’s age and level of understanding.
- I understand that a friend, sibling, grandparent, aunt, uncle, babysitter, or other adult who is not the Minor Participant’s parent or legal guardian may not sign this agreement unless that person possesses valid legal guardianship authority.
2. Description of the Activity
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 collectively referred to in this agreement as the “Vehicle.”
I understand and acknowledge that:
- The Vehicle is driven 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 cars, trucks, buses, motorcycles, bicycles, scooters, pedestrians, animals, emergency vehicles, construction areas, traffic signals, and other roadway users or conditions.
- Participation may involve boarding, exiting, sitting, pedaling, riding, walking to or from the Vehicle, visiting scheduled stops, listening to music, using karaoke equipment, and participating in other activities connected with the tour.
- The tour may include temporary stops at restaurants, entertainment venues, public areas, private properties, or other independently operated locations.
These activities are collectively referred to as the “Activity.”
3. Acknowledgment of Risks
I understand that 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 involving cars, trucks, motorcycles, bicycles, pedestrians, fixed objects, or other roadway users
- Sudden starts, stops, turns, acceleration, deceleration, or unexpected Vehicle movement
- Traffic accidents
- Negligent, reckless, unlawful, or unpredictable actions of motorists, pedestrians, passengers, businesses, or other 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, reaching, singing, or interacting with others
- Curbs, potholes, uneven pavement, road defects, debris, gravel, wet surfaces, sidewalks, stairs, parking areas, and poorly lit areas
- Contact with pedals, chains, sprockets, gears, wheels, motors, batteries, electrical systems, seats, restraints, or mechanical components
- Pinching, crushing, entanglement, cuts, bruises, strains, sprains, broken bones, head injuries, and other bodily injuries
- Improper use, failure, loosening, or malfunction of seats, seatbelts, helmets, pedals, safety equipment, electrical components, or mechanical components
- Mechanical or electrical malfunction
- Equipment defects or unexpected equipment movement
- Heat, sun exposure, dehydration, cold, rain, wind, poor air quality, darkness, and other environmental conditions
- Music, karaoke, lighting, other participants, and other distractions
- Intoxicated, disruptive, careless, or unpredictable behavior by another person
- Injuries occurring at or while walking to or from a tour stop
- Illness, allergic reactions, fainting, motion sickness, or other medical events
- Loss, theft, or damage involving personal belongings
- Delayed access to emergency personnel or medical treatment
- Serious personal injury, illness, permanent disability, paralysis, property damage, or death
I understand that The Fresno Pedal Company cannot identify or predict every possible risk.
I voluntarily permit the Minor Participant to participate with knowledge of these risks.
4. Assumption of Risk
On behalf of myself and, to the fullest extent permitted by California law, on behalf of the Minor Participant, I knowingly and voluntarily assume the inherent and other risks associated with the Activity, whether known or unknown, foreseeable or unforeseeable.
I understand that participation is voluntary and that I may decline to allow the Minor Participant to participate.
I accept responsibility for:
- Deciding whether the Minor Participant is physically and emotionally capable of participating
- Informing The Fresno Pedal Company of assistance or reasonable accommodations needed for safe participation
- Supervising the Minor Participant
- Ensuring that the Minor Participant follows all safety instructions
- Ensuring that the Minor Participant remains properly seated and restrained
- Ensuring that the Minor Participant does not touch restricted controls, chains, gears, electrical equipment, or moving components
- Removing the Minor Participant from the Activity when continued participation would be unsafe
5. Parent and Guardian Release of Claims
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.”
I release claims belonging to me that arise from or relate to the Minor Participant’s participation, including claims for:
- Ordinary negligence
- Medical expenses
- Loss of companionship
- Emotional distress
- Loss of services
- Property damage
- Other parental, guardian, or derivative claims
To the fullest extent California law permits me to do so, I also release claims belonging to the Minor Participant arising from the ordinary negligence of the Released Parties.
The ordinary negligence covered by this release includes, but is not limited to:
- Negligent operation or supervision of the Vehicle
- Negligent maintenance, inspection, setup, repair, or use of the Vehicle or 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 fitting, inspection, provision, or use of helmets or restraints
- Negligent provision of or response to emergency assistance
- Negligent acts or omissions occurring during boarding, riding, pedaling, stopping, exiting, or tour-related activities
I understand that signing this agreement may give up the right to obtain compensation for injury, death, property damage, or other losses caused by the ordinary negligence of a Released Party.
Claims Not Released
This agreement is not intended to release liability that California law does not permit to be released.
It does not release claims arising from:
- Gross negligence
- Reckless misconduct
- Intentional misconduct
- Fraud
- Willful injury
- Violations of laws or public-safety duties that cannot legally be waived
- Any other liability California law prohibits from being released
6. Minor Supervision
I understand that a parent or legal guardian must accompany and actively supervise the Minor Participant throughout the tour unless The Fresno Pedal Company expressly approves another arrangement in writing.
I agree that the accompanying parent or legal guardian will:
- Remain reasonably close to the Minor Participant
- Ensure that safety instructions are followed
- Ensure that required restraints and helmets remain properly fastened
- Prevent the Minor Participant from standing, climbing, jumping, leaning outside the Vehicle, or moving between seats without permission
- Prevent the Minor Participant from touching chains, gears, wheels, controls, batteries, electrical components, or other restricted equipment
- Promptly notify staff of unsafe conduct, illness, injury, equipment problems, or concerns
- Remove or restrain personal belongings that might fall, obstruct walkways, or become caught in Vehicle components
I understand that Fresno Pedal Company staff operate the Vehicle and enforce safety rules but do not replace the parent or legal guardian’s responsibility to supervise the Minor Participant.
7. Helmet and Restraint Requirements
Every Minor Participant must wear a properly fitted and securely fastened bicycle helmet throughout the portion of the Activity during which staff require helmet use.
The helmet must meet an applicable safety standard, such as a United States Consumer Product Safety Commission or ASTM bicycle-helmet standard.
The Minor Participant may use:
- A suitable helmet supplied by the parent or legal guardian, or
- A suitable helmet provided by The Fresno Pedal Company when requested and available
I agree that:
- The Minor Participant will not participate without a properly fitted and fastened helmet.
- I will inspect any personally supplied helmet before use.
- I will immediately tell staff if a helmet appears damaged, improperly fitted, defective, or unsuitable.
- I will not permit the Minor Participant to alter, remove, loosen, misuse, or improperly wear the helmet.
- A helmet cannot eliminate all risk of head injury or death.
- The Minor Participant must use the provided seatbelt or restraint as instructed.
- The seatbelt or restraint must remain properly fastened while the Vehicle is moving.
- I will immediately tell staff if a restraint does not fit or operate correctly.
- The Minor Participant may not ride in a seating position where the required restraint cannot be safely and properly used.
8. Safety Rules
I agree that the Minor Participant will:
- Follow all written and verbal instructions provided by The Fresno Pedal Company.
- Remain properly seated unless staff give permission to move.
- Properly use the required seatbelt or restraint.
- Wear a properly fitted and securely fastened helmet.
- Board and exit only when instructed and only after the Vehicle has come to a complete stop.
- Keep hands, feet, hair, clothing, and personal belongings away from chains, gears, sprockets, wheels, motors, batteries, controls, and moving or restricted components.
- Not touch, operate, interfere with, or attempt to control the Vehicle’s steering, brakes, motor, electrical equipment, driver controls, or safety equipment.
- Wear closed-toe footwear suitable for boarding and riding.
- Not wear high heels, clogs, unsafe footwear, long skirts, loose clothing, dangling accessories, or other items that may become caught in the Vehicle.
- Follow staff directions concerning seating, pedaling, boarding, exiting, personal belongings, karaoke equipment, and conduct.
- Not throw objects, litter, fight, threaten, harass, climb, jump, stand on seats, expose themselves, publicly urinate, gamble, or engage in dangerous or unlawful behavior.
- Not bring weapons, illegal drugs, alcohol, or dangerous items onto the Vehicle.
- Respect staff, passengers, businesses, property owners, residents, pedestrians, and other members of the public.
- Comply with any applicable seat size, restraint-fit, weight, physical-ability, or safety restriction.
The maximum permitted weight is 285 pounds per designated passenger seat.
I understand that The Fresno Pedal Company may assign seating or refuse use of a particular seat for safety, restraint fit, Vehicle balance, weight distribution, accessibility, or equipment-operation reasons.
9. Health and Ability to Participate
I represent that, to the best of my knowledge, the Minor Participant is reasonably capable of safely boarding, sitting on, riding, and exiting the Vehicle with reasonable assistance or accommodations where applicable.
I agree to notify The Fresno Pedal Company before participation when the Minor Participant requires assistance or accommodation involving:
- Boarding or exiting
- Seating or restraint use
- Helmet use
- Communication
- Mobility
- Sensory needs
- Supervision
- Other participation-related needs
I will not permit the Minor Participant to participate when illness, injury, fatigue, medication, substance exposure, emotional distress, or another condition makes participation unsafe.
The Fresno Pedal Company may refuse or terminate participation when staff reasonably believe that the Minor Participant:
- Cannot safely board, sit, ride, or exit
- Cannot properly use the required helmet or restraint
- Cannot follow necessary safety instructions
- Presents an unreasonable danger to themselves or others
- Requires assistance or equipment that is not safely available
10. No-Alcohol Policy for Parties With Underage Participants
I understand that when any participant in a reservation is under 21 years old:
- No person in the party may bring, possess, open, or consume alcohol on the Vehicle.
- This prohibition includes beer, wine, champagne, hard liquor, and all other alcoholic beverages.
- Alcohol must not be concealed in cups, bottles, bags, coolers, or other containers.
- The Fresno Pedal Company may inspect coolers, beverage containers, or similar items to the extent permitted by law and company policy.
- The tour may be refused or terminated when alcohol is brought onto the Vehicle in violation of this rule.
- Refunds, prohibited-alcohol charges, and other payment consequences are controlled by the separate reservation agreement accepted by the booking customer.
11. Tour Stops and Independent Businesses
I understand that tour stops may be independently owned and operated businesses that The Fresno Pedal Company does not control.
I understand and agree that:
- Admission or service is not guaranteed.
- A business may refuse entry or service.
- The Fresno Pedal Company is not responsible for food, drinks, employees, services, premises, or conditions provided by an independent business.
- The accompanying parent or legal guardian remains responsible for supervising the Minor Participant at every stop.
- The Minor Participant must follow the rules of each establishment.
- The Minor Participant must return to the Vehicle at the time directed by staff.
- The Fresno Pedal Company may change, skip, or eliminate a stop because of traffic, safety, closures, scheduling, weather, crowding, or other operational concerns.
12. Right to Refuse or Terminate Participation
The Fresno Pedal Company may refuse to begin or may terminate the Minor Participant’s participation if staff reasonably determine that the Minor Participant or accompanying adult:
- Refuses to follow safety instructions
- Fails to properly use a helmet, seatbelt, or restraint
- Engages in unsafe, destructive, violent, threatening, indecent, disruptive, or unlawful behavior
- Brings prohibited alcohol, drugs, weapons, or dangerous items
- Damages the Vehicle or other property
- Interferes with the driver or Vehicle controls
- Creates an unreasonable danger to themselves or others
- Lacks adequate parental or guardian supervision
- Materially violates this agreement or Fresno Pedal Company rules
Refunds, deposits, cancellation terms, cleaning charges, property-damage charges, and other payment issues are governed by the separate reservation agreement accepted by the booking customer.
13. Emergency Medical Authorization
If the Minor Participant experiences an accident, illness, injury, or medical emergency, I authorize The Fresno Pedal Company to:
- Contact 911 or another emergency-response service
- Provide reasonable first-response assistance within the training and ability of available staff
- Provide emergency personnel with information reasonably necessary to assist the Minor Participant
- Contact me and the emergency contact identified in this agreement
Emergency care will not be intentionally delayed while attempting to contact me or another emergency contact.
I understand that The Fresno Pedal Company:
- Is not a medical provider
- Does not guarantee that emergency personnel or 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 authorize qualified medical personnel to provide treatment that they reasonably determine is necessary when I cannot be reached or when immediate care is required.
I accept financial responsibility for ambulance, medical, dental, hospital, surgical, diagnostic, medication, or other healthcare expenses provided to the Minor Participant, except to the extent another person or entity is legally responsible.
14. Personal Property
I am responsible for property belonging to me or the Minor Participant, including phones, clothing, bags, cameras, drinks, toys, 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 personal-property loss or damage unless caused by conduct that cannot legally be released or limited.
15. Responsibility for Conduct and Property Damage
To the fullest extent permitted by law, I accept responsibility for property damage, losses, or reasonable costs directly caused by:
- My intentional misconduct
- The Minor Participant’s intentional misconduct
- Refusal by me or the Minor Participant to follow safety instructions
- Bringing prohibited alcohol, drugs, weapons, or dangerous items onto the Vehicle
- Materially misrepresenting the Minor Participant’s age, identity, condition, or ability to participate
- Intentional or careless damage to the Vehicle, equipment, or another person’s property
- Assault, harassment, threats, vandalism, theft, or other unlawful conduct by me or the Minor Participant
This section is not intended to make me responsible for liability that California law does not permit to be transferred.
16. Optional Minor Photo and Video Permission
The Minor Participant’s ability to participate is not conditioned upon agreeing to promotional photo or video use.
Choose one option for each Minor Participant.
Minor Participant 1
EXAMPLE:
YES — I give permission
NO — I do not give permission
(Please Make choice Below)
For each Minor Participant marked YES, I authorize The Fresno Pedal Company to photograph, record, reproduce, edit, publish, display, distribute, and use identifiable images, video, audio, or recordings of that Minor Participant for lawful advertising, website, social-media, promotional, educational, and business purposes.
I understand that:
- No payment or royalties will be provided.
- The Fresno Pedal Company owns the photographs and recordings it creates.
- Permission may be withdrawn for future use by written notice.
- Withdrawal may not require removal of materials already printed, distributed, posted, published, or incorporated into completed materials.
For each Minor Participant marked NO, I do not authorize The Fresno Pedal Company to intentionally use identifiable photographs, video, audio, or recordings of that Minor Participant for advertising or promotional purposes.
I understand that a Minor Participant may appear incidentally in general street, crowd, security, documentary, or operational footage where legally permitted.
17. California Law and Severability
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.
This agreement does not alter or reduce a legal duty that California law does not permit to be waived.
18. Electronic Signature and Final Acknowledgment
By electronically signing below, I acknowledge and represent that:
- I am at least 18 years old.
- I am the parent or legal guardian of every Minor Participant identified in this agreement.
- I have legal authority to authorize the Minor Participant’s participation and sign this agreement.
- I have read this entire agreement.
- I understand its terms.
- I understand the nature of the Tiki Bike and the Activity.
- I understand the risks described in this agreement.
- I voluntarily permit the Minor Participant to participate.
- I understand that this agreement includes an assumption of risk and a release of claims involving ordinary negligence.
- I understand that I am giving up substantial legal rights belonging to me and may be affecting rights belonging to the Minor Participant to the extent California law allows.
- I have had an opportunity to ask questions before signing.
- I am signing freely and voluntarily.
- I am not relying on a statement or promise that contradicts this written agreement.
- All information 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 only to the reservation and tour date identified above.