In consideration of the acceptance of my child or ward to participation in a Segway® Personal Transporter tour operated by Stardust Segway Experience Center of Maui (“Tour”), I agree and acknowledge, on behalf of myself and the minor child for whom I am the parent or legal guardian (who is listed below), as follows:
Release and Indemnity: On my own behalf and on behalf of any minor child for whom I am parent or legal guardian (who is listed below), and on behalf of my and their heirs, executors, personal representatives, administrators and assigns, to: (1) release and forever discharge the Released Parties, named below, of and from all liabilities, claims, actions, damages, costs or expenses of any nature whatsoever for bodily injury (including death) and property damage arising out of or in any way connected with such Tour participation, even if such injury, loss, or damage is caused by the negligence of the Released Parties or the negligent operation of the Tour; and (2) indemnify and hold each of the Released Parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses, including, but not limited to, all attorney's fees and costs. I expressly agree that this release and indemnity agreement includes, without limitation, any claims based on the negligence, action or inaction of any of the Released Parties, and covers bodily injury (including death) and property damage, whether suffered by me or any minor child for whom I am parent or legal guardian (who is listed below) before, during or after such Tour participation.
Released Parties: The released parties are: : Stardust Hawaii, Stardust Segway Experience Center of Maui and Segway Inc., related and affiliated companies, and the officers, directors, employees, agents, representatives, successors and assigns of each of the foregoing entities.
Authorization for Medical Treatment: I hereby authorize medical treatment for the minor child for whom I am parent or legal guardian (who is listed below), at my cost, if the need arises. However, I acknowledge and agree that the Released Parties shall have no duty, obligation or liability arising out of the provision of or failure to provide medical treatment.
Participation Requirements: In order to participate in the Tour, the participant must: (1) be able to stand and balance on the Segway PT by himself or herself; (2) be at least 10 years of age and (3) weigh at least 85 pounds, but not more than 260 pounds, due to design specifications. Expectant mothers should not ride.
Right of Publicity: In connection with such Tour participation, I further grant the Released Parties the right to photograph, videotape or otherwise record images of the minor child for whom I am parent or legal guardian (who is listed below), and further to use said child’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation or limitation. The Released Parties are, however, under no obligation to exercise the rights granted in this paragraph.
Governing Law, Venue: This Agreement shall be governed by the laws of the State of Hawaii, and any legal action relating to or arising out of this Agreement shall be commenced exclusively in the Superior Court in the State of Hawaii or if jurisdiction can be obtained in the United States District Court for the County of Maui.
Safety Equipment: Stardust Segway tour requires the use of a helmet and reflective shirt when riding a Segway PT or Bicycle on the Tour.
I certify I am 18 years of age or older, I am the parent or legal guardian of the minor child listed below, and I understand all the terms of this Agreement.
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