BIG YELLOW BIKE RELEASE OF LIABILITY:
I understand that participating on the party bike owned and operated by The Big Yellow Bike, Des Moines, LLC is a potentially dangerous activity. I assume the risk that I may be injured and/or injure someone else while using the party bike. I assume all risks associated with my use of the party bike and will not bring any action against The Big Yellow Bike LLC, PedalPub Twin Cities, LLC, its successors and/or assigns, for personal injury, property loss, or property damage, including any action for negligence, breach of warranty, products liability or strict liability.
The Big Yellow Bike party bike is of proprietary manufacture, and I agree not to build or cause to be built any vehicle of the same or similar construction. I further agree to release, indemnify and hold harmless the owners and manufacturers of the PedalPub party bike from any liability against any and all claims, including damages or demands of third parties as a result of my use of the party bike.
1) No alcohol will be allowed on board of the party bike.
2) Glass is strictly prohibited. No glass is allowed on the party bike.
3) The Pilot is responsible for the party bike, and his/her decisions are final.
4) Inappropriate behavior, during and after tours will result in the offending passenger(s) being asked to disembark the party bike. These include but are not limited to:
-Foul Language or Gestures
-Excessive Loitering after tour
5) Severe transgressions of the above will result in the Pilot ending the tour immediately and causing a fee of $350 to be charged to the Renter’s credit card.
6) All laws and rules regarding alcohol apply to all passengers before, during and after The Big Yellow Bike tour.
7) Any person arriving in an intoxicated condition shall not be allowed on the party bike.
8) A $350 Abandonment Fee will be charged to riders not returning to the starting point.
If you do not wear a helmet for the entire tour, you must decline in writing.
ALL RIDERS MUST READ AND SIGN BEFORE RIDING THE BIKE
Download and sign the waiver HERE to speed up departure.
TERMS AND CONDITIONS
This Agreement contains the complete terms and conditions. By using the website or The Big Yellow Bike you agree to all terms and conditions.
Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the website reflect the latest agreement and you should carefully review agreement.
USE OF THE SITE
The Big Yellow Bike’s website allows you to make your registration and pay for it online.
We need 48 hours notice to schedule a driver, anything booked in less than 48 hours will need to be discussed in person with the manager.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
You understand and agree that you participate at your own risk.
The Big Yellow Bike is not responsible for any injuries or other problems you may encounter while riding or after riding. See waiver at top of page.
Routes are subject to change. Routes can be changed due to weather, events going on, or any other issues that may come up. You will be notified in advance if you route has changes (we can only notify you if we know the route will be changed — for example we cannot predict weather).
This Agreement shall be governed by and construed in accordance with the substantive laws of Iowa, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
Choice of Law Jurisdiction Forum
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Iowa, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
The Big Yellow Bike collects and uses Users personal information for the following purposes:
– To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
– To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
– To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on March 20, 2018