PARTICIPANT AGREEMENT, RELEASE AND ACKNOWLEDGMENT OF RISK
In consideration of the services of Segway Orange County, their agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf including but not limited to Segway LLC and Segway Orange County, I hereby agree to release and discharge Segway Orange County, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
RISKS: I acknowledge that riding the SegwayTM Personal Transporter entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: falling, crashing, hitting, bumping, breaking, scraping, cutting and others. Furthermore, Segway Orange County employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant's fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
VOLUNTARY PARTICIPATION: My participating in this activity is purely voluntary. I expressly agree and promise to accept and assume all of the risks existing in this activity, and I elect to participate in spite of the risks.
RELEASE OF LIABILITY: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Segway Orange County from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Segway Orange County’s equipment or facilities, including any such claims which allege negligent acts or omissions of Segway Orange County.
PHOTOS: I grant “Segway of Orange County” the right to photograph and/or videotape myself and the members of my family group listed below and further to use the name, face, likeness, voice and appearance of myself and/or the members of my family group listed below in connection with exhibitions, publicity, advertising and promotional materials without reservation or limitation.
ATTORNEY’S FEES: Should Segway Orange County or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.
INSURANCE: I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
By signing this Document I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Segway Orange County on the basis of any claim from which I have released them herein. I ALSO UNDERSTAND THAT SEGWAY ORANGE COUNTY HAS AN “I-BREAK-IT-THEN-I-FIX-IT” POLICY AND THAT I MAY HAVE ACCESS TO A SPARE PARTS PRICE LIST UPON REQUEST.
I have had sufficient opportunity to read this entire document, I have read and understood it, and I agree to be bound by its terms.
611 E Balboa Blvd. Newport Beach, CA 92661949-723-1722