Thank You for Choosing Bus-ta Move!
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RULES AND REGULATIONS
I wish to participate in the party bus and associated activities, which may include, without limitation, departing the party bus to visit bars, restaurants, and other areas (the "Activities"). I acknowledge that I am aware that participation in the Activities is a potentially dangerous activity with risks that may include those caused by condition of the participants, equipment, vehicular traffic, terrain, temperature, weather, actions of other people, and all other risks not specifically mentioned. In consideration for being allowed to participate in the Activities, I voluntarily assume ALL risks associated with my participation in the Activities and waive any claim or cause of action against and release and discharge Bus-ta Move, LLC, a South Dakota limited liability company, its officers, directors, members, employees, agents, assigns and successors (collectively "Bus-ta Move") from any liability or claim that I may have against Bus-ta Move for personal injury, death, property loss, economic loss or property damage, including any action for negligence, breach of warranty, products liability, strict liability, or any other cause of action.
RELEASE OF LIABILITY
I understand that Bus-ta Move does not accept any liability of any kind arising out of my participation or any action undertaken in connection with the Activities. I understand that this disclaimer of liability on the part of Bus-ta Move is not limited to claims for personal injury or property damage but extends to any claim made in connection with the Activities. In exchange for Bus-ta Move allowing me to participate in the Activities, I hereby release and hold harmless Bus-ta Move from all actions, causes of action, damages, claims, or demands of any kind which are or may be asserted by me, by my heirs or representatives on behalf of me, and/or by my heirs on their own behalf, arising out of or in connection with any personal injuries, property damage, financial loss, or any other claim arising out of or in connection with the Activities. I provide my consent to receive any medical treatment deemed advisable during participation in the Activities and do hereby release and forever discharge Bus-ta Move from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Activities and shall indemnify Bus-ta Move for the costs and expenses associated with any medical treatment received.
PHOTO AND VIDEO RELEASE
I hereby grant permission for films, video recordings, slides and photographs to be taken of me during the Activities. I understand that this media may be used for promotional purposes. I authorize Bus-ta Move to use my photograph on the respective websites or in other printed publications without further consideration. I hereby release and hold harmless Bus-ta Move from all actions, causes of action, damages, claims, or demands of any kind which are or may be asserted by me, by the heirs or representatives acting on my behalf, and/or by my heirs acting on their own behalf, arising out of or in connection with this release.
It is my responsibility to follow all federal, state, and local laws, ordinances, rules, and regulations at all times while participating in the Activities. I hereby represent and warrant that I am at least 21 years of age and may legally consume alcohol. I further represent and warrant that I will not provide alcohol to any individual(s) under the age of 21. I also understand that I am expected to avoid inappropriate behavior while participating in the Activities. Inappropriate behavior includes, but is not limited to:
• Excessive intoxication as determined by Bus-ta Move, in its sole and absolute discretion;
• Bodily fluids on or inside the party bus;
• Excessive noise, roughhousing, fighting, violence of any kind;
• Public Urination;
• Possession of an alcoholic beverage when not physically located on the party bus;
• Smoking, vaping, or tobacco use of any kind while on the party bus; and
I understand that consuming alcohol while participating in the Activities may impair judgment, and may result in injury or death, and I forever discharge and release Bus-ta Move from any claim whatsoever which arises while participating in the Activities. I understand that inappropriate behavior, as determined by the sole and absolute discretion of the pilot, may result in any, or all, of the following: me being asked to disembark the party bus, the termination of the tour, and a fee of up to $300 per incident. Additionally, I acknowledge and agree that I may incur additional fees for any and all cleaning and/or repair costs incurred by Bus-ta Move that result from or are related to my or my group’s use of the party bus and such other equipment, and I hereby authorize Bus-ta Move to perform the same pursuant to the information set forth in the Credit Card Authorization Form, attached hereto and incorporated herein by this reference as Exhibit A (the “Credit Card Authorization”). Such fees shall be within the sole and absolute discretion of Bus-ta Move.
I acknowledge and agree that a 3.0% service charge will be applied to all credit card transactions. I acknowledge and agree that a state 8.5% tourist tax will be applied to all transactions with Bus-ta Move. I hereby acknowledge and agree that I shall be, jointly and severally, liable for any and all damages to the party bus arising from the Activities, whether caused by me or the other passengers. I acknowledge and agree that any deposits I made to Bus-ta Move will be refunded to me following the Activities, less the cost of any damages to the party bus or such other equipment, normal wear and tear excepted, as well as any and all applicable cleaning costs. Travel fees and stops shall be determined by Bus-ta Move in its reasonable discretion.
I acknowledge and agree that a fifteen percent (15.0%) gratuity charge shall be applied to the payment method set forth in the Credit Card Authorization.
I understand that the Activities may be canceled or curtailed or that the itinerary may be otherwise changed whenever it is deemed advisable in the sole discretion of Bus-ta Move. I understand that Bus-ta Move does not accept any liability for any costs associated if the Activities are canceled, curtailed, or otherwise changed, whether by Bus-ta Move, by me, or anyone else. In the event of a cancelation due to mechanical problems, the trip may be rescheduled for another date or refunded in full. I certify that I am medically able to perform the Activities. I agree to abide by the decisions of Bus-ta Move, including without limitation the party bus driver. The party bus driver shall have the right to inspect ID’s and drinks of passengers who appear to be underage. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota without reference to its choice of law provisions. In addition, the parties hereby agree and consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Sioux Falls, Minnehaha County, South Dakota.