WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT FOR BIG RED BUS, LLC
(Electric signatures are legally recognized as a viable method to indicate agreement to a contract)
- In consideration for receiving permission to participate with The Big Red Bus, LLC, I hereby RELSEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, The Big Red Bus, LLC, their officers, advertisers, agents, servants, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me and/or other family members that are utilizing the transportation service, or any of the property belonging to me and/or other family members that are utilizing the transportation service. WHETHER CAUSED BY THE NEGLIGANCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
- I am fully aware of the unusual risks involved and hazards connected with this activity, including but not limited to travel risks and/or road hazards. I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH that maybe be sustained by me, or any loss or damage of property owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY THE MEGLIGENCE OR RELEASEES OR OTHERWISE.
- I further hereby AGREE TO IDEMNIFY AND HOLD HARMLESS THE BIG RED BUS, LLC (RELEASEES) from any loss, liability, damage, or costs, including court cost and attorney fees, that may incur due to the participation in said activity, WHETHER CAUSED BY THE NEGLIGENCY OF RELEASEES or otherwise.
- It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall by deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT SUE the above-named RELEASEES. I hereby further agree that is Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of South Carolina.
- IN SIGNING THIS RELASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducement, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent.
TERMS AND CONDITIONS
I agree to the following terms and conditions:
Permitted Use of the Site(s)
By using the site(s), you agree at all times to use the site(s) lawfully consistent with this agreement.
Age Requirements- In order to purchase the products and services using the payment method displayed on the site(s), you must be 18 years of age or older. By using the site(s), you confirm that you possess the legal authority to enter into the conditions of use for the site(s), including instructions The Big Red Bus, LLC needs to collect any payments from a credit or debit card, and use to the site(s) in accordance with all terms and conditions. You confirm that all information supplied to you in using the site(s) is true and accurate.
Indemnification for claims relating to your use of the site(s)- As a condition of your permitted use of the site(s), you agree to indemnify and hold The Big Red Bus, LLC and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, advertisers, and employees harmless from any claims or demand, including reasonable attorneys’ fees made by any third party due to or arising out of any information that you submit, post to or transmit through the site(s), your use or connection to the site(s), your violation of this agreement, or your violation of any rights of a third party.
Lost or stolen property- Neither the Company, it’s agents or employees shall not be responsible for any lost or stolen property, regardless of whether property is lost or stolen in connection with your use of the site(s) or any other service provided by The Big Red Bus, LLC. The Company may not be liable of any customer items which are misplaced, damaged or left in a vehicle.
Credit Card Payments- All payment transactions are handled by The Big Red Bus, LLC merchant servers. Your credit/debit card and related personal details are collected by The Big Red Bus, LLC in order to process your order. You agree that you are responsible for all charged incurred by your use of the site(s), including all bookings. You expressly authorize The Big Red Bus, LLC to charge the credit card provided by you or listed on your account for any outstanding fees or cost due to the Big Red Bus, LLC tours. If the credit/debit card hold for bookings is not you, it will be your responsibility to ensure that you have the card holder’s consent before entering any related details, and that such details when entered are true.
Improper use of the site(s)- You shall not attempted to gain access to the site(s) through any means not intentionally made available by us for your specific use. You shall not interfere with or disrupt the site(s) servers or networks connected to the site(s). You shall not upload onto the site(s), or otherwise use the site(s) or any products or services provided by us, any destructive or unlawful purposes including, but not limited to, the dissemination of any information or material, including without limitation: computer viruses; advertising or promotional material; solicitations; libelous or inflammatory materials; pornographic obscene information; invasion of privacy or collection or use of other users’ data; stalking or harassment; abuse; tortious conduct; hateful or racially, ethnically or otherwise objectionable material; or any works infringing upon patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You shall not download any portions of the operation software for the site(s) or otherwise control its operations. You shall not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portions of the site(s) or any products or services reference on the site(s). IMPROPER USE OF THE SITE(S) OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED ON THE SITE(S) MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Trademark Notice- All trademarks and service marks used on the site(s) belong to The Big Red Bus, LLC, except third party trademarks and services marks, which are the property of their respective owners. You are not authorized to use any such trademarks with The Big Red Bus, LLC without their respective owners’ prior written consent.
Copyright Notice- All information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials, whether publicly posted or privately transmitted, are the exclusive property of The big Red Bus, LLC or its third party licensors, and are protected by international copyright laws and other intellectual property rights. You may download or print individual pages of the site(s) for your personal use; provided that you do not modify or delete any of copyright and other proprietary notices on those pages.
Disclaimers- This information published on the site(s, including links to other sites, is provided as a convenience to visitors and should be used for information purposes only. While we use all reasonable efforts to ensure that the information contained on the site(s) is current, accurate and complete at the date of publication, no representations or warranties are made (expressed or implied) as to the reliability, accuracy or completeness of such information, or as to the reliability, accuracy or completeness of information on linked sites. We are not liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on the site(s). THE INFORMATION ON THE SITE(S) PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFIRNGEMENT, QUITE ENJOYMENT, FITNESS FOR PARTICULAR PURPOSE, SECURITY OR ACCRUACY. UNDER NO CIRCUMSTANCES WILL THE BIG RED BUS, LLC BE LIABLE IN ANY WAY FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY IMFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, OR OTHERWISE TRANSMITTED VIA THE SITE(S). YOU AGREE THAT THE BIG RED BUS, LLC AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ADVERTISERS, OR AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONCEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WIHTOUT LIMITATION LOST PROFITS, COST OR PROCURING SUBSTITUTE SERVICES OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE DELAY OR INABILITY TO USE THE SITE(S) OR ANY OF THE PRODUCTS, SERVICES OR LINKS OFFERED ON THE SITE(S), EVEN IF THE BIG RED BUS, LLC IS MADE AWARE OF THE POSIBILITY OF SUCH DAMAGES.
Availability of site(s)- We reserve the right at any time to modify or discontinue, temporarily or permanently, the site(s) or any products or services offered on the site(s) without notice. You agree that we shall not be liable to you or any third party for any modifications, suspensions, discontinuance, or unavailability of the site(s) or any products or services offered on the site(s)
Modifications to the content and product offerings on the site(s)- We reserve the right to make changes or corrections, alter, suspend or discontinue any aspects of the site(s) or the content or the products or services available through the site(s) without prior notice. However, we will honor any existing bookings or provide a refund in the event of unavoidable cancellations.
Promotions of Services- The purpose of the site(s) is to solely advertise and promote consumer services provides by The Big Red Bus, LLC. Nothing in the site(s), including any statements regarding The Big Red Bus, LLC’s expectations or beliefs, constitutes a solicitation to buy stock or securities, and no statement or information included in the site(s) intended as a prediction of The Big Red Bus, LLC future profitability or business results, or should be construed as such a prediction.
Cancellations- It is your responsibility to ensure you are in the correct pick up location at the correct time as state on your confirmation. Duration of tour is based on approximations. Actual duration may vary. Tour guide gratuity as passengers discretion is not included in the ticket price. We reserve the right to alter, modify, or cancel a tour due to bad weather, unsafe conditions or at the request of governmental, park and state agencies. We assume no responsibilities for injuries, delay caused by breakdowns, accidents, adverse weather conditions and other conditions beyond our control. The Company is not responsible for any delays, changes, of schedule or cancellations resulting, directly or indirectly, from any act of God, public enemies, authority of law, quarantine, perils of navigations, riots, strikes, hazards or dangers incident to state of war. We are not responsible for any loss or damage to property. Full refunds outside of the 72-hour tour date periods. Tours cancelled from 72 hours to 24 hours of departure date will be charged a $25/person administration fee. Tours canceled less than 24 hours of tour dates and “no-shows” on the day of the tour will not be refunded. Please check your confirmation clearly to ensure you have the correct date you wish to conduct the tour. Big Red Bus, LLC will give full refund if its officers cancels the tour. All tours are considered “RAIN OR SHINE”. No refunds will be given after the 72hr window due to inclement weather.
Standing While Vehicle in Motion- Passenger capacity cannot exceed the seating capacity. Vehicle may start and stop suddenly. Passengers are NOT permitted to change seats, relocate upstairs or downstairs while the bus is in motion. The Company will not be responsible for injuries to passengers who stand or walk while the bus is in motion.
Alcoholic Beverages- The company adheres to all state and federal regulations regarding alcohol possession and/or consumption on the bus(es). The Company reserves the right to refuse or terminate transportation to any person that displays aggressive behavior or appears to be under the influence of alcohol, or other intoxicating substances. The Customer acknowledges that they are not to bring any alcohol on the bus of any kind. The Customer assumes all responsibility for themselves and other members of their party. Glass containers are not allowed on our vehicles.
Smoking on The Bus- No smoking of any kind is permitted on our vehicles.