Release of Liability & Hold Harmless Agreement

Thanks for taking the time to read, understand, and agree to the terms of this Release of Liability and Hold Harmless Agreement (the “Agreement”).

Your use of our Service is subject to this Release of Liability & Hold Harmless Agreement (the “Agreement”) and it is a condition of using our Service that you agree to this Agreement. To purchase or book a Service or Activity, you must also agree to this Agreement. If you do not agree to this Agreement, then please do not use our Service or purchase or book a Service or Activity.

We may make changes to the Agreement by updating it at any time and your continued use of our Service after any changes come into effect will constitute your acceptance of the updated Agreement. Any existing purchases or bookings will continue to be governed by the Agreement that applied to your purchase or booking when the purchase or booking was made. We recommend that you save or print a copy of the Agreement.

Please read these terms carefully. In this Agreement:

“Petty Kings” shall collectively refer to Petty Kings LLC and its: owners, members, directors, officers, employees, staff, agents, and volunteers, as well as all other persons or entities acting in any capacity on Petty Kings LLC’s behalf.

“Third-Party Providers” shall collectively refer to the bike owners, bike operators, bike mechanics, boat owners, boat operators, boat mechanics, event venues, event staff, personal concierges, grocery shoppers, delivery drivers, dog walkers, and all other independent persons or entities involved in the marketing, procurement, preparation, coordination, facilitation or delivery of Services or Activities.
“Customer” shall collectively refer to the persons or entities involved in the process of requesting, booking, purchasing, or otherwise acquiring or coordinating Services or Activities from Petty Kings, as well as their guests, dependents, and all other affiliated persons or entities engaging with, participating in, or interacting with the Services or Activities in any capacity.
Petty Kings and Customer may also be referred to as “Party” in the singular and “Parties” in the plural.
“Service or Activity” shall include all physical goods, activities, events or other services requested, booked, purchased, or otherwise acquired or coordinated through Petty Kings or that are provided, arranged, organized, conducted, marketed, sponsored, hosted, or authorized by Petty Kings through Our Service and various Third-Party Providers.
“You” refers to you, the person using our Service.

In consideration for the customer and individuals in their party being permitted to purchase, book, or otherwise participate in the Services or Activities, provided by Petty Kings and Third-Party Providers, the Parties agree as follows:

Section 1. Assumption of Risk and Release of Liability

Customer acknowledges that Services and Activities purchased or booked through our Service include pedicab and boat rides and tours, as well as other Services or Activities operated on public roadways, waterways, private homes and businesses, and in other outdoor or uncontrolled environments that expose you and your party to inherent risks and unknown and unanticipated risks which could result in injury, illness, death, damage and loss to yourself, third parties, and property.

Customer recognizes the potential unknown hazards, dangers and risks associated with roadways and road conditions, waterways and water conditions, cyclists, pedestrians, other passengers, motorcycles, animals and insects, sun and weather and temperature, motor vehicles and pedicabs as well as any of the other numerous hazards, foreseen or otherwise, which customer willingly exposes themselves to by participating in the Services or Activities purchased or booked via our Service.

Customer acknowledges that these risks to life and property include, but are not limited to: motion sickness; climbing in and out of the pedicab; the danger of collision or maneuvering to avoid collision with traffic, anyone sharing the roadways or waterways, sidewalks, docks, beaches, objects and other structures;

Customer’s inability to follow the rules and instructions; heat or sun related injuries, illnesses, or impairment of vision; loss of reaction time; dehydration; fatigue; exhaustion; chill; mechanical and equipment failure or defect; extreme or inclement weather, temperatures, lightning and wind; loss of balance; the acceleration and potential for sudden violent stopping; difficulty or inability to control speed and direction; variation or steepness in terrain; variations in road surface and conditions; falling out of the pedicab or boat; failure to keep entire body in the pedicab or boat at all times; actions and negligence of other passengers; negligence on the part of Petty Kings or Third-Party Providers; and failure on the part of Petty Kings or Third-Party Providers to safeguard and protect from risks.

Customer chooses to participate at their sole risk. Customer understands that Services and Activities includes increased risk of hazard for the youngest and oldest passengers and anyone with less physical strength that may have more difficulty entering and exiting the pedicab or boat and remaining safely seated.

The Customer - on behalf of themselves, the members of their party, their minor aged child, heirs, assigns, next of kin, personal representatives, executors, trustees, administrators, and legal representatives - hereby voluntarily chooses to participate in the Services or Activities despite all possible risks and, to the fullest extent permissible by law, freely accepts and assumes all risks, dangers, and hazards which may arise from Customer’s participation in the Services or Activities; forever releases, waives, discharges and exempts Petty Kings and their successors and assigns from all manner of actions, liabilities, costs, expenses, debts, accounts, bonds, contracts, claims, demands, and causes of actions of any kind or nature whatsoever arising out of or relating to any loss, damage, illness, or injury, including death, that may be sustained by the Customer or any property belonging to Customer which may arise from, or in any way related to, Customer’s participation in theServices of Activities or while traveling to or from or waiting at any location before or after the Services or Activities, even if the cause is wholly or in part the result of the Petty King’s negligence, fault, misconduct, or anything other than the intentional or gross negligence of Petty Kings.

Section 2: Commitment to Follow All Safety Rules

Petty Kings cannot guarantee the safety of Customer. Petty Kings safety rules are requirements designed to reduce risks, and Customer explicitly promises to abide by the following:

Customer must never attempt to stand, enter or exit the pedicab or boat until the operator announces that they may enter or exit the pedicab or boat
Customer must always firmly hold on to a support rail, whenever it is within reach while entering or exiting the pedicab or boat, regardless of whether it seems necessary
Customer must sit upright with both feet entirely planted on the floorboard at all times
Customer must never reach or make any movement that compromises their balance or ability to remain seated
Customer must keep every part of their body inside of the pedicab or boat and never reach outside of the pedicab or boat with any object
Customer must not litter nor bring anything which they may not be able to hold on to without dropping
Customer must never permit any other passenger over 6 years of age to sit on their lap
Customer must not participate under the influence of alcohol or drugs, including legally acquired drugs, which may interfere with their ability to follow these rules
Customer will notify the operator immediately to stop the Service or Activity if Customer recognizes a hazard, feels unsafe, or is no longer able to safely participate
Customer must follow all instructions given by the operator and Third-Party Providers

Customer specifically acknowledges that Customer does not have any questions, issues to disclose, or unaddressed concerns relating to the safety of the Services or Activities.

Customer understands that this is not an exhaustive list of rules or legal requirements and that other terms, conditions, ordinances and laws apply.

Customer understands that Petty Kings makes no warranty as to fitness of the property and equipment used; nor the skill of the operator; nor of the safety of the Services of Activities; nor on the part of Petty Kings to design, manufacture, select, install, maintain, inspect, service or repair the property or equipment; nor in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance for Services of Activities. Participant voluntarily assumes all risks in connection with the Services or Activities.

Section 3: Indemnification

To the fullest extent permissible by law, Customer shall forever fully indemnify, hold harmless and defend Petty Kings from any and all claims; demands; actions; suits; damages; liabilities; fines; costs and expenses including, but not limited to, reasonable attorney’s fees, costs incurred to enforce this Agreement, and costs of pursuing insurance providers; losses; settlements; judgments; or any causes of action whatsoever, whether or not involving a third-party claim, which arise out of, or are related to, Customer’s involvement in the Services or Activities including - in whole or part - any act, omission, fault or negligence of Petty Kings or Third-Party Providers, other than intentional or gross negligence.

Section 4: Affirmation of Fitness

Customer affirms that Customer is in good physical health and capable of participating in the Services or Activities and abiding by all requirements of this Agreement without exception for the duration of the Services or Activities. Customer represents and warrants that Customer has no medical or physical conditions which could interfere with Customer’s safety by participating in the Services or Activities, or else Customer is willing to assume and bear the costs of all risks that may be created by such condition. Customer acknowledges that Petty Kings does not provide medical insurance coverage for Customers.

Section 5: Customer’s Liability

Customer agrees to compensate Petty Kings for any property damaged due to Customer’s negligence and any fines, fees, or other costs incurred to Petty Kings for Customer’s failure to follow this Agreement.

Section 6: Severability

If any term of this Agreement is to any extent illegal, invalid, or unenforceable such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact.

Section 7: No Waiver

No provision of this Agreement may be waived except in writing signed by the Party to be charged with such waiver. Failure by any party to this Agreement to enforce any provision of this Agreement shall not constitute a waiver of such provision, and no waiver by any Party to this Agreement on any provision of this Agreement on one occasion shall constitute a waiver of any other provision or of the same provision on another occasion.

Section 8: Governing Law & Jurisdiction

This Agreement shall be governed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Any legal actions or claims arising from this Agreement shall be brought in the appropriate state or federal court located in the state of Massachusetts.

By purchasing or booking any Services or Activities, Customer acknowledges that they have carefully read and understood all the provisions contained herein and voluntarily agrees to be bound by them. Customer is not relying upon any oral or written representations or statements made by Petty Kings beyond this Agreement. No prior agreement between the Parties shall be construed to supersede any provision of this Agreement.

By purchasing or booking any Services of Activities, and therefore agreeing to this Agreement, Customer also agrees to the Petty Kings LLC Terms of Use [https://www.gopetty.com/terms] and Privacy & Communication Policy [https://www.gopetty.com/privacy], which governs Petty Kings’s collection and storage of this Agreement.

By purchasing or booking any Services of Activities, and therefore agreeing to this Agreement, Customer fully recognizes that if any injury, illness, death, loss or damage whatsoever occurs while Customer is engaged in the use of Petty King’s property or participation in the Services or Activities purchased, booked, or organized through Petty Kings, Customer will have no right to make a claim or file a lawsuit nor take any other action against Petty Kings even if they negligently caused or contributed to Customer’s injury, illness, death, loss or damage.

To be abundantly clear, by purchasing, booking, or otherwise participating in Services of Activities through Petty Kings, you understand and acknowledge the following:

1. Acknowledgment & Assumption of Risks & Inherent Dangers

I acknowledge that my participation in Services and Activities involves inherent risks, including but not limited to physical injury, illness, property damage, or death, arising from the actions or inactions of Petty Kings or the third-party provider.
I voluntarily assume all risks, known or unknown, of my participation, including travel to/from activities, and agree that my involvement is at my own risk.

2. No Responsibility for Third-Party Actions

I understand Petty Kings provides a platform for booking and does not directly control, endorse, or guarantee the quality, safety, or accuracy of third-party services. I understand my dealings with third-party providers are solely between me and the providers, and Petty Kings is not responsible for their actions, omissions, or any damages arising from such interactions.

3. Liability Release and Hold Harmless Agreement

I hereby release, discharge, covenant not to sue, and hold harmless Petty Kings, its owners, officers, employees, agents, successors, and assigns from any and all claims, liabilities, demands, actions, or causes of action for any loss, damage, or injury (including death) arising from or related to the Services or Activities or travel.
This Agreement includes claims arising from the negligence (passive or active) of Petty Kings, the Third-Party Providers, or any other party involved, and I personally assume all such risks.

4. Voluntary Participation & Conspicuousness

I confirm I have read, understood, and voluntarily agree to this Agreement freely, under no duress, and that this Agreement is a binding contract not a mere recital, to the maximum extent permitted by law.