In exchange for participation in the activity of Segway Tours organized by Emerald Coast Tours ("ECT"), of 5 West Main Street, Pensacola, Florida, 32502 and/or use of the property, facilities and services of ECT, I agree for myself and (if applicable ) for the members of my family, to the following:
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by ECT, or the employees, representatives or agents of ECT. I also acknowledge that I do not weigh over 300lbs.
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge ECT for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of ECT, whether caused by the fault of myself, my family, ECT or other third parties. Riding paths utilized are selected for their scenic beauty and may not be the safest route between two points. Segway tours conducted by ECT take place on city streets with and without bike lanes. I understand that riding the Segway subjects me to hazards posed by bicycles, pedestrians, traffic, weather, the elements, terrain, road, sidewalk or other pathway conditions.
I agree to waive, release, forever discharge all claims, indemnify, defend, and hold harmless ECT any and all causes of action, damages, judgments, loss of any kinds, including injury or death, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of ECT. I understand and acknowledge that no medical insurance coverage or benefits will be provided to me during or after the Segway tour or related events. I affirm that I have medical insurance or personal financial sources sufficient to cover the cost of transportation and/or medical treatment that I may require, and agree to pay such expenses incurred on my behalf.
I agree to pay for all damages to the facilities of ECT caused by my or my family's negligent, reckless, or willful actions. I agree that any pictures taken of me or my family while on tour may be used for promotional purposes.
I am aware that this contract is an assumption of risk acknowledgement and a waiver and release of liability agreement and I sign it voluntarily. The terms of this contract shall serve as a release and assumption of risk for my heirs, executors and administers and for all members of my family, including any minors accompanying me. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
