Phoenix Rising Tour Company, LLC
History & Culture Trolley Tour
Terms and Agreements
In consideration of the Operator’s permission to participate in the various activities comprising the History & Culture Trolley Tour (the “Tour”), you (the “participant”) hereby acknowledge and confirm that you have read, understand and agree to the following terms and conditions:
1. REPRESENTATIONS AND AGREEMENTS
You, the participant, have voluntarily chosen to participate in the Tour, and you represent that you are qualified to participate in the Tour because you meet each of the following qualifications:
You do not have any physical or mental condition or impediment that could affect your safety (or the safety of others) while participating in the Tour.
You are not under the influence of any intoxicating beverage or prescription or non-prescription drug that may impair my mental or physical capacity.
You agree to follow any and all instructions and directions given to you, either before or during the Tour, by the Operator, its contractors or their respective personnel. You also agree to act in a safe and prudent manner while participating in the Tour and to observe all applicable passenger rules. You understand, acknowledge and agree that, once the Tour begins, you will not have the ability to leave the Tour or to disembark the motor vehicle on which the Tour is conducted until the Tour is completed. You acknowledge, understand and agree that your failure to comply with any of the terms of this document is grounds for my immediate removal from the Tour. You further understand, acknowledge and agree that the Operator assumes no responsibility for injuries, death or losses that may incur resulting from the actions of third parties, including any third-party contractor operating the motor vehicle on which the Tour is conducted. You further understand, acknowledge and agree that you will not receive a refund of any fees paid to participate in the Tour, for any reason, including (i) your inability to complete the Tour due to a medical emergency, (ii) your removal from the Tour.
2. ASSUMPTION OF RISK
You, the participant, acknowledge and understand that:
The Tour involves your being transported by one or more modes of motor vehicle transportation, including, but not limited to, shuttle, trolley and/or bus transportation;
These potential modes of transportation present potentially dangerous risks resulting from various causes, including, among others, traffic accidents resulting from (i) the negligence or willful misconduct of drivers of motor vehicles, including the vehicle in which you are being transported, (ii) the negligence or willful misconduct of other persons, including, but not limited to, pedestrians and bicyclists, or (iii) other causes, such as adverse weather conditions;
The Tour may present risks from other causes, including, but not limited to, (i) physical exertion for which you are not prepared, (ii) dangers and hazards (other than traffic accidents) caused (intentionally or unintentionally) by other persons, (iii) adverse weather conditions, (iv) hot, cold, slippery and/or uneven surfaces, and (v) other natural and man-made conditions beyond the Operator’s reasonable control;
Articles or other property that you bring with me on the Tour (or store with the Operator) may be lost, stolen or damaged;
Such risks, hazards and dangerous conditions could result in serious bodily injury, permanent disability, partial or total paralysis, or death;
The description of these risks is not complete, and other unknown or unanticipated risks may result in injury or death; and
You will have to pay for any medical care and/or evacuation costs that you incur.
You hereby freely assume the risks identified above, as well as all risk of any harm, injury or loss that may occur to you or your property while participating in the Tour.
3. RELEASE/WAIVER OF LIABILITY
For yourself and your heirs, executors, personal representatives, administrators, estate, spouse, marital estate, and assigns, you, the participant, HEREBY RELEASE Phoenix Rising Tour Company, LLC (the “Operator”), and its affiliated companies, independent contractors, vendors, suppliers, licensees, lessors, and their respective parents, affiliates, owners, members, managers, officers, directors, agents, representatives, customers and employees (collectively, the “Released Parties”) FROM ANY AND ALL LOSSES, LIABILITIES, DAMAGES, DEMANDS, CAUSES OF ACTION AND CLAIMS that arise in any way from any injury, death, loss, theft, damage or harm that occur to me or to any other person or to any property during the Tour, or in any way related to the Tour or otherwise while participating in the Tour. This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct or any other liabilities that applicable law does not permit to be excluded by agreement. You also agree NOT TO SUE or to make a claim against the Released Parties for death, injuries, loss or harm that occur during the Tour.
You agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (as defined in Section 3) against any and all losses, liabilities, damages, demands, actions, causes of actions, claims, proceedings, costs, fees and expenses to which Section 3 of this Agreement applies, including claims for their own negligence. You further agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any claims arising out of your own negligence or otherwise out of your participation in the Tour. These agreements to defend the Released Parties include reimbursing them for any and all legal costs and reasonable attorneys’ fees incurred by them in defending against any such claim, action or proceeding. You agree that in the event of your death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on your estate, and your personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. CONSENT TO RECEIVE MEDICAL TREATMENT
If during the Tour, you are rendered unconscious or incompetent or otherwise cannot effectively make decisions regarding your medical care, you authorize in advance the provision of any emergency medical treatment deemed necessary or advisable for you. You also authorize the Operator and its employees and contractors to make health care decisions for you and to give or withhold informed consent to health care on your behalf at any time during the Tour if your family members are absent or unable to make such decisions. You agree that you will pay for all medical treatment that you receive, including any evacuation.
6. PHOTOGRAPHIC RELEASE
You hereby grant and convey unto the Operator all right, title, and interest in and to any and all photographs and video and audio recordings that may include your image, likeness, name, face, voice or appearance, taken during the Tour, and that were taken and/or made by the Operator, its contractors or any of their affiliated companies or staff. You acknowledge and understand that the Operator may use any such images and recordings as it deems appropriate, in its sole discretion.
You acknowledge and agree that this Agreement is intended to be an enforceable release of liability and indemnity as broad and inclusive as permitted by applicable law. You agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. You also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purposes of this Agreement.
8. APPLICABLE LAW, FORUM AND ATTORNEYS’ FEES
This Agreement shall be governed by, and construed in accordance with, the laws of the state of Arizona, without any reference to its choice of law rules. You agree that any dispute arising from this Agreement or in any way associated with the Tour shall be brought only in the Superior Court of Maricopa County, Arizona or in the U.S. District Court for the District of Arizona, and you agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this Agreement is contested, you agree that the non-prevailing party will pay all attorneys’ fees and costs of the prevailing party.
9. RESERVATION OF RIGHTS
You understand that the Operator reserves the right to refuse or may terminate, at any time, at your expense, your participation in the Tour if the Operator believes you are either unable or unwilling to satisfy the qualifications for participation in the Tour. You accept the Operator’s right to take such action for the safety of yourself and/or other participants.
You understand you will be issued a 100% refund if you cancel the tour booking at least 24 hours (or more) in advance of your scheduled tour. You understand that tours cancelled within 24 hours of scheduled departure are non-refundable. You understand that if the Tour Operator cancels a tour due to weather or otherwise, you will be issued a 100% refund.
By purchasing a ticket, through Phoenix Rising Tour Company, LLC. or an authorized sales channel you, the Participant, acknowledge and agree to comply with these Terms and Conditions. These Terms and Conditions are subject to change at any time with or without notice. Your agreement to these Terms and Conditions constitutes your agreement to any updates which can be found at www.phxtours.com/terms. By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
Anyone under the age of 18 on the date of the tour is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).