Comedy Bus Waiver and Release Form
COMEDY BUS LLC
AGREEMENT OF RELEASE & WAIVER OF LIABILITY
THIS IS A LEGALLY BINDING DOCUMENT
PLEASE READ CAREFULLY BEFORE PARTICIPATING IN THE TOURBy my participating in the tour (“Tour”) offered by Comedy Bus LLC, a Rhode Island limitedliability company (the “Company”), I agree to be bound by each of the following provisions ofthis Release and Waiver of Liability.
1. Assumption of Risk. I understand that the Company is acting solely as an agent in arrangingtours, transportation, venues, and other services and does not assume liability for accidents,delays, injuries, loss, or damage due to any act or default, the Company, or any facility that theTour visits. I acknowledge my participation in the Tour provided by the Company is voluntarilyand at my own risk. I understand that I voluntarily ASSUME FULL RESPONSIBILITY forany risk of loss, personal injury, including death that may be sustained by me and any loss ordamage to property owned by me, as a result of participation in the Tour, whether caused by thenegligence of the Staff (as defined in section 5), the Company or otherwise.
2. Consumption of Alcohol. I acknowledge that the Tour may involve the consumption ofalcohol. If I am participating in the consumption of alcohol, I represent and warrant to theCompany that I am over the legal drinking age of twenty-one (21) years old. I fully understandthat there may be consumption of alcohol during the Tour and at visits along the Tour either byme or other participants on the Tour. I understand and acknowledge the potential risks anddangers associated with the consumption of alcohol. I am aware that this activity includes therisk of injury and even death, and I hereby elect to voluntarily participate, knowing that it may behazardous to my property and me. I understand that the Company does not require me toconsume alcohol to participate in the Tour. I also acknowledge that it is my responsibility NOTTO BECOME INTOXICATED during the Tour, and that the Company is not responsible if Ibecome intoxicated. I take full responsibility for any liability associated with my intoxication,during or after the Tour. I acknowledge that the Company assumes no liability for injuries thatmay occur to me or others, and no liability for any civil or criminal violation or damages thatmay be assessed against me as a result of my being intoxicated before, during or after the Tour.
3. Permitted Alcoholic Beverages. I acknowledge and understand that the only types ofalcoholic beverages permitted on board the Tour bus are beer or wine. I acknowledge andunderstand that no glass beverage containers of any kind are allowed on board the Tour bus.
4. Risk of Tour. I understand I am to remain seated when the bus is moving. With thisknowledge, I voluntarily assume full responsibility for the risks of touring under the influence ofalcohol and for my behavior, well-being, and health during the Tour. I agree not to hold theCompany, its Staff, or any hosting facility liable in any way should any harm come to me.
5. Waiver of All Claims and Release of Liability. I AGREE TO WAIVE ANY AND ALLCLAIMS I MAY HAVE NOW OR IN THE FUTURE, RELEASE FROM ALLLIABILITY AND AGREE NOT TO SUE the Company, its members, agents, representatives,employees or tour guides (collectively referred to as “Staff”) for any death, personal injury,property damage, or loss sustained by me as a result of participation in the Tour or whiletraveling to and from the Tour due to any cause whatsoever, including without limitation,negligence on the part of the Company, its Staff, tour partners, or other participants. I furtheragree that if I violate this agreement and attempt to bring suit against any parties named herein,that lawsuit must be brought in Providence County and under the laws of Rhode Island. I agreethat I will also be held responsible for attorney’s fees and costs incurred by any party, includingthe Company, in defending such action.
6. Indemnification. I AGREE TO INDEMNIFY AND HOLD HARMLESS the Staff and theCompany from any loss, liability, damage, or costs, including court costs and attorneys’ fees thatthe Company and/or Staff may incur due to my participation in the Tour, whether caused bynegligence of Staff and/or the Company or otherwise, to the fullest extent allowed by law.
7. Medical Declarations. I represent that (1) I do not have, or am not aware of, any medicalcondition(s) that may impact my participation on the Tour and (2) I do not take any medicationsthat would result in any injury or damage to me or any other person(s) as a result of participatingon the Tour including the consumption of alcohol. I understand that it is my obligation todisclose to the Company any medical conditions, and any medications that would result in anyinjury or damage to me or any other person(s) as a result of my consumption of alcohol. Iauthorize the Company to provide, through medical personnel of its choice customary medicalassistance, transportation, and emergency medical services. This consent does not impose a dutyupon the Company to provide such assistance, transportation, or services.
8. Accident Coverage. I acknowledge that it is my responsibility to provide for my own accidentand health coverage while participating on the Tour and while transporting myself to and fromthe Tour.
9. Illegal Activity. I agree that if the Company Staff finds or suspects that I am participating inany illegal activity, disorderly conduct, or verbal/physical abuse during the Tour, the Companyreserves the right to terminate my participation on the Tour immediately. I acknowledge that theCompany has the right to terminate my participation regardless of location without return topoint of pick-up. Upon termination of my participation, I agree that I am liable for the entirebalance of the Tour. I acknowledge that this Agreement releases the Company from any liabilityat the time of termination.
10. Right of Publicity License. I agree to grant the Company a worldwide, royalty-free licenseto use my photographic, video, or digital likeness solely for promotional, marketing, or othercommercial purposes
11. Damage. I understand that I shall be responsible for and pay for any damage incurred as aresult of myself or my actions related to or resulting in damage to any vehicle, tour facility or theCompany’s property.
12. Severability. If any provision of this Release and Waiver of Liability is for any reasondeclared to be invalid or unenforceable, the validity and enforceability of the remainingprovisions will not be affected. The invalid or unenforceable provision will be deemed modifiedto the extent necessary to render it valid and enforceable.
13. Acknowledgment. I understand that the permission to participate on the Tour is being givento me in exchange for the execution of this Release and Waiver of Liability. I understand this is arelease of liability, which will legally prevent me or any other person from filing suit or makingany other claims for damages in the event of personal injury, death, or property damages.
14. Additional Terms: a) All participants aboard tours that consume alcohol must be twenty-one(21) years of age or older. b) Any person arriving in an intoxicated condition shall not be allowedto board the Tour and no refund will be issued. c) Any and all open alcoholic beverages will becollected and discarded five minutes before the Tour ends. No exceptions. d) Any transgressionsof any matter herein may result in the Tour Guide ending the Tour immediately and causing aminimum $750 Late/Damage/Violation Fee to be charged to the participant’s credit card. Norefund will be issued for tours ended early due to participant’s behavior. e) The following willcause the Tour to end immediately along with a $750 fine that will be charged to the credit cardthat purchased your tour:
IN SIGNING THIS RELEASE AND WAIVER OF LIABILITY, I ACKNOWLEDGEAND REPRESENT THAT I have read and understand this Release and Waiver of LiabilityAgreement. I represent that my participation is voluntarily, and I am at least eighteen (18) yearsof age and competent to sign this Agreement (Participants under the age of eighteen (18) musthave a parent or guardian sign this Release and Waiver of Liability). I acknowledge that I amexecuting this agreement by my own free will and under no inducement to participate. I alsoagree that this Agreement will be binding upon my heirs, next of kin, executors, administrators,and successors.
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Document Name: Comedy Bus Waiver and Release Form
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