WAIVER AND RELEASE OF LIABILITY AGREEMENT

Blue Shore Pedal Lounge LLC – Corpus Christi, Texas

READ CAREFULLY BEFORE SIGNING – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS

1. Parties and Consideration

In consideration of the services provided by Blue Shore Pedal Lounge LLC, including its owners, members, managers, investors, employees, contractors, agents, insurers, affiliates, successors, assigns, and lessors of any pedal trolleys or related equipment (collectively, the “Released Parties”), I, the undersigned participant (“Participant”), and on behalf of my heirs, assigns, personal representatives, estate, and any minors or guests under my care, agree to the following terms and conditions.

2. Acknowledgment of Risk

I acknowledge that participation in pedal-powered vehicle tours and related activities involves significant risks, both known and unknown, including but not limited to:

• Slips, trips, or collisions with other vehicles, pedestrians, or objects;

• Falls or injuries while boarding or exiting;

• Physical exertion from pedaling or remaining seated;

• Weather-related hazards and roadway conditions;

• Equipment malfunction;

• The negligent or intentional acts of other participants, pedestrians, or third parties; and

• Risks associated with the consumption of alcohol.

These risks may result in serious injury, disability, death, or property damage to myself or others.
I understand that the vehicle is not equipped with seat belts and voluntarily choose to participate despite these risks.

3. Assumption of Risk

I knowingly and voluntarily assume all risks associated with my participation, whether caused by the ordinary negligence of the Released Parties or otherwise.
I understand that my participation is entirely voluntary and made without duress or coercion.
I accept full responsibility for ensuring that I and any dependents, minors, or guests under my care follow all instructions, rules, and safety guidelines provided verbally or in writing by Blue Shore Pedal Lounge LLC staff.

4. Release and Waiver

I hereby waive, release, and forever discharge the Released Parties from any and all claims, demands, causes of action, damages, or liabilities, known or unknown, arising out of or connected with my participation, including claims resulting from the ordinary negligence of the Released Parties.

This waiver includes claims for personal injury, death, emotional distress, or property damage arising from my use of Blue Shore Pedal Lounge LLC’s vehicles, services, or facilities, including any activities before, during, or after participation.

I further acknowledge that alcohol consumption during the Activity is strictly voluntary, and I accept full responsibility for my conduct and its consequences.

5. Purchaser and Guest Responsibility

If I purchase admission, tickets, or reserve a tour that includes guests or additional participants, I understand and agree that:

• I am acting on behalf of all such guests;

• I represent that I have informed all guests of this waiver and its terms;

• All guests, whether or not they personally signed this waiver, are deemed to have reviewed and accepted its terms through notice provided by the purchaser and through public postings (see below); and

• I agree to accept full responsibility and liability for the actions, safety, and conduct of my guests and any damages, claims, or losses arising from their participation.

Blue Shore Pedal Lounge LLC considers all guests to have constructive notice of this waiver because copies of the waiver are made available on the company’s website and through QR codes and posted signs on or near all pedal trolleys and boarding areas.

Any person who rides or participates—whether paying or non-paying—is deemed to have agreed to the terms of this waiver and releases, waives, and indemnifies Blue Shore Pedal Lounge LLC and all Released Parties from any related claims.

6. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, losses, liabilities, or expenses (including attorney’s fees) arising from or related to:
(a) my participation or the participation of my guests or dependents;
(b) my or their failure to follow company rules or laws; or
(c) any injury, damage, or loss to third parties resulting from our participation.

If the Released Parties must enforce this Agreement or defend against a claim covered by this waiver, I agree to reimburse all costs, including attorney’s fees.

7. Insurance and Health

I certify that I have adequate health and liability insurance to cover any injury, damage, or loss I may cause or suffer while participating, or I agree to bear the cost personally.
I further certify that I have no medical or physical condition that could interfere with my safety or participation, or I voluntarily assume all risks arising from such condition.

8. Rules, Conduct, and Fees

I agree to abide by all rules and instructions of Blue Shore Pedal Lounge LLC staff and understand that:

• Failure to comply may result in immediate removal from the tour without refund;

• Abandoning the pedal lounge vehicle during a tour authorizes a $200 penalty charge to the credit card on file;

• The maximum rider weight is 275 pounds, and I will not participate if I exceed this limit;

• Unsafe, disruptive, or intoxicated behavior will result in removal without refund; and

• I may be held financially responsible for damage caused by myself or my guests.

9. Alcohol and Age Restrictions

Alcohol consumption is limited to participants 21 years of age or older.
All alcohol consumption is voluntary and done at the participant’s own risk.
Blue Shore Pedal Lounge LLC assumes no responsibility for alcohol consumption or resulting behavior before, during, or after participation.

10. Media Release

I grant permission to Blue Shore Pedal Lounge LLC to photograph, video record, or capture audio of myself and my guests during participation for promotional, commercial, or quality-assurance purposes without compensation.
I also consent to receiving follow-up communications, including surveys or feedback emails.

11. Helmets and Safety Equipment

I understand that Blue Shore Pedal Lounge LLC does not provide helmets.
If I choose to wear one, I must provide my own and assume full responsibility for its use and condition.

12. Minors and Booking Adult Responsibility

(a) Minor Participants

Participants under 18 years of age must have this waiver signed by a parent or legal guardian (“Guardian”).
The Guardian agrees to all terms of this waiver on behalf of the Minor Participant and further agrees to:

• Assume all risks on behalf of the Minor Participant;

• Waive all claims against the Released Parties; and

• Indemnify and hold harmless the Released Parties from any claims brought by or on behalf of the Minor Participant.

(b) Unaccompanied Minors

If a Minor participates without a parent or guardian present, the Booking Adult (the individual reserving or paying for the tour) is responsible for obtaining signed guardian consent for each Minor Participant, supervising all minors, and indemnifying the Released Parties for any claims arising from their participation or lack of consent.

13. Governing Law and Venue

This Agreement shall be governed by and construed under the laws of the State of Texas.
Any dispute or claim arising under this Agreement shall be brought exclusively in the courts of Nueces County, Texas.

14. Severability

If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Notice and Public Posting

Blue Shore Pedal Lounge LLC posts notices and QR codes on all vehicles and boarding areas that link directly to the full version of this waiver on its website at www.bluepedallounge.com.
By riding, boarding, or participating in any activity provided by Blue Shore Pedal Lounge LLC—whether paid or unpaid, booked or guest—each participant acknowledges that they have been given the opportunity to review this waiver and agree to be bound by its terms.
All such participants waive and release any claims against the Released Parties and agree to indemnify them in accordance with this Agreement.

16. Acknowledgment of Understanding

By signing below, I acknowledge that I have read and fully understand this Agreement, that I have had sufficient opportunity to ask questions, and that I am voluntarily agreeing to its terms.
I understand that I am giving up substantial legal rights, including the right to sue the Released Parties.

By signing, the Booking Adult certifies that they have obtained required parental/guardian consent for each participating minor and accept full responsibility under Section 12(b).

Notice to Participants

Participation in any Blue Shore Pedal Lounge LLC activity signifies acknowledgment, understanding, and acceptance of this waiver and all posted terms, whether or not a physical signature has been collected.