eco tours

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Eco Rides Maui LLC 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 Eco Rides Maui LLC equipment or facilities, including any such claim which allege negligent acts or omissions by Eco Rides Maui LLC

1.I acknowledge that my participation in electric scooter and electric bike riding activities entails known and unanticipated risks that 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: accidents involving other electric scooter or any vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the vehicle; falls from the vehicle; the negligence of other operators of motor vehicles or myself; musculoskeletal injuries including head, neck, and back injuries; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; the condition of roads, terrain, or highways and accidents connected with their use; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity. Furthermore, Eco Rides Maui LLC personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Eco Rides Maui LLC 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 Eco Rides Maui LLC equipment or facilities, including any such claims which allege negligent acts or omissions of Eco Rides Maui LLC.
4. Should Eco Rides Maui LLC 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.
5. 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 am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against Eco Rides Maui LLC, I agree to do so solely in the state of Hawaii, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

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 Eco Rides Maui LLC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at Eco Rides Maui LLC.
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.

Print Name__________________________ Phone Number ___________________

Address_____________________________ City ____________________________

State_____________________________ Zip_________ Email_________________

Participant Signature____________________________ Date _________________

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)

In consideration of_____________________________(print minor’s name) (“Minor”) being permitted by Eco Rides Maui LLC to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Eco Rides Maui LLC from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.

Parent or Guardian: ______________________Print Name:____________________Date:________________