Waiver

PARTICIPANT AGREEMENT, RELEASE & WAIVER OF LIABILITY (effective on date of acceptance as described below) PLEASE READ THE FOLLOWING CAREFULLY BEFORE PARTICIPATING IN ANY ORIGINAL NYC ACTIVITY: By clicking my acceptance or electronically signing below, or booking, paying for, or showing up to any activity or program (“Activity”) provided by Original NYC, LLC, a New York limited liability company (“Original NYC,” “Company,” “we,” “us”), I (“I,” “you”, “me,” or “Participant”) unconditionally and voluntarily agree to the terms of this legally binding Agreement which includes my forever releasing certain parties (“Agreement”, “Terms, Conditions & Waiver”, “Terms”, or “Waiver”). If I am agreeing on behalf of another person (e.g., my child under 18 years), I hereby confirm that I have the legal right to do so. If I’m signing for myself, I confirm that I am at least 18 years old. I AM AWARE AND UNDERSTAND THAT THE ACTIVITY INVOLVES POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, FINANCIAL LOSS AND OTHER RISKS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT CONDUCT OR RESPONSE OF A THIRD PARTY OR OF THE COMPANY. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, PROPERTY DAMAGE, FINANCIAL LOSS AND ANY AND ALL OTHER RISKS ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED DIRECTLY OR INDIRECTLY BY THE NEGLIGENCE OF THE COMPANY, ANOTHER PARTICIPANT OR OTHERWISE. I UNCONDITIONALLY ACKNOWLEDGE AND AGREE THAT I PARTICIPATE IN THE ACTIVITY AT MY SOLE RISK. 1. Release. I hereby expressly waive and release any and all claims, now known or hereafter known, for myself, my heirs, executors, administrators and assigns, against the Company, and its officers, directors, manager(s), contractors, employees, agents, affiliates, members, successors, assigns and other Activity participants (collectively, "Releasees"), on account of injury, disability, death, and/or property damage arising out of or attributable in any way to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise, to the maximum extent expressly permitted by applicable law. To the maximum extent provided by applicable law, I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under any such claims, including any claim related to my Feedback (as described below). 2. Indemnification. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my own gross negligence, willful misconduct and/or recklessness. 3. Dangers. I understand and acknowledge that the Activity walking or biking on roads in a major city, which may involve both expected and unexpected risks and dangers, including those associated with the conditions of the road, the bike issued to me, the risk of falling, colliding with other bicyclists, motor vehicles and/or stationary objects, and additionally, my riding a third party operated water-borne vessel or ferry (“Ferry”) (if I so elect to ride a Ferry, whether expressly or implicitly by my boarding such Ferry). My participation is fully voluntary and done at my sole risk. I voluntarily assume all risks of loss, damage or injury that may be sustained while participating in the Activity. I represent and attest that I am (a) free of any health conditions that would increase risk of injury to myself or others; and (b) now, and during the Activity, in a physical condition and sufficiently trained for all types of walking and bicycling, even knowing that walking and bicycling can be physically demanding and require extraordinary care when it comes to biking and walking around a city. 4. Health. I understand and accept full responsibility for my: (a) well-being and health before, throughout, and after the Activity, which may involve a variety of strenuous activities, unfamiliar locations, and modes of travel (including sea travel by Ferry), including but not limited to walking and bicycling for long periods of time generally, climbing stairs, crossing busy bridges, tunnels, roads and traffic intersections, walking and bicycling through traffic, maneuvering and/or walking through unfamiliar, narrow and/or steep hills, corridors, roads, stairways and similar routes and other related activities connected; (b) appearing for, and participating in, the Activity in both a physical and mental state that enables my (without any inhibition on any other Activity participant, Company staff, and/or third party), to fully and actively participate in the Activity, without being under the influence and/or impairment of any drug and/or alcohol (nor will I carry any of the foregoing, nor any illicit substances and/or contraband, anywhere on my person during the Activity). I also realize and accept the additional risks and hazards involved with riding a Ferry, walking and biking and walking on roads that are used at the same time as motor vehicles (including trucks, construction vehicles and other machinery and equipment), and also may contain unexpected and/or not readily perceived conditions, such as blowing heat and steam, poorly maintained roads (e.g., potholes), poor or reduced visibility, and other potentially dangerous conditions. 5. Medical Care. I understand that no Activity can be guaranteed to be safe and seamless. I understand that participants in the Activity may sustain mortal or serious injury as a result of their participation. I acknowledge and agree to promptly tell the Company’s staff if I am injured before or during the Activity (even if minor). I hereby acknowledge and consent to the Company securing medical treatment for me (including transportation via ambulance to a hospital) when deemed necessary if I am injured or require medical attention during my participation in the Activity, if required by medical staff, sharing my basic identifying and contact information should my injury prevent me from doing so myself. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I understand and agree that medical or other services rendered to me by or at the insistence of any of the above parties are not an admission of liability to provide or continue to provide such services, and are not under any waiver by any of the said parties of any right provided under this Agreement. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based directly or indirectly on such treatment or any other medical services. 6. Equipment. I understand that the Company will provide me with certain equipment and other gear during the Activity (for example, a bike and helmet) depending on the Activity type. I agree to be solely responsible for all such equipment and gear at all times, including ensuring all equipment and gear is returned to the Company upon my departure from the Activity, no matter the circumstance. Should I damage in any way or lose any such equipment or gear, I agree to promptly and completely reimburse the Company for such damage or loss. I acknowledge that it’s my sole responsibility to fully check all equipment and gear provided to me prior to my use, and will promptly inform the Company if I find that it’s not in good condition and will refrain from using it. Upon my departure from and/or completion of the Activity, if I fail to return the equipment or gear in the same condition as initially provided to me, I agree to promptly reimburse the Company accordingly, and such reimbursement shall be set at USD 450.00 per bicycle and USD 40.00 per helmet. I understand and agree that I may be charged these amounts (and any other expense incurred by the Company or any third party arising from my conduct during the Activity), and authorize the Company to automatically charge the credit card (or other payment method) I provided during Activity booking. I acknowledge and agree that the Company makes no guarantees, representations and/or warranties of any kind (whether express or implied) with respect to the quality and/or integrity of any equipment, gear, food, beverage and any other good, material and/pr communication provided to me before, during or after the Activity (including any result arising therefrom) whether provided by the Company or a third party. 7. Activity Scheduling & Fees. I unconditionally agree and consent to the Company charging my credit card (or other payment method that I provide) the amount indicated during my booking for my participation in the Activity. I understand that the Company will do its best to ensure that the Activity booked occurs in the format, and at the location/date/time, described during my booking, but acknowledge that the Company can’t 100% guarantee it because there could be logistical challenges that could arise beyond its control in organizing the Activity. Accordingly, the Company will contact me to confirm the Activity’s location/date/time at least 24 hours in advance of my Activity’s start date. I agree and consent to communicating with the Company electronically (e.g., via email and/or text message) and that unless I provide express written notice to the Company to the contrary, the Company may contact me using the contact information I provide during booking. I understand and agree that, unless otherwise expressly stated on the booking page during my booking, I will be entitled to a refund or credit in solely the following circumstances: (a) if the Company cancels the Activity and cannot reschedule the Activity for a day/time occurring within 72 hours thereafter; or (b) if I cancel my participation in the Activity at least 72 hours in advance of the Activity. If I cancel my participation in the Activity less than 72 hours in advance, I will be entitled to no refund or credit of any kind. If I cancel my participation in the Activity less than 24 hours in advance, fail to timely appear for the Activity or am dismissed from an Activity with cause (under the circumstances described in this Agreement), I agree to promptly pay an additional cancellation fee to the Company amounting to 50% of the total price I paid during booking, which I agree and consent to the Company automatically charging my credit card (or other payment method I provide) the full amount for (“Cancellation Fee”). When applicable, I must reschedule any Activity within one (1) month of the originally scheduled Activity date otherwise else I unconditionally forfeit my ability to reschedule without any credit or setoff. For the avoidance of doubt, unless otherwise expressly stated hereunder, I acknowledge and agree that all sales are final and no refunds will be issued after sale for any reason; additionally, the Company reserves the unconditional right to terminate any Activity or purchased services if deemed necessary (whether due to inclement weather or otherwise), and no refund or credit will be issued. I understand and agree that if I require any special or unique accommodations of any kind, I will contact the Company at least 48 hours before the start of the Activity. If/where I utilize any third party service or product (for example, TripAdvisor or third party provider(s) linked directly to the Company's website) to book an Activity or interact with the Company¬¬ in any way (each, a “Third Party Provider”), I further acknowledge and agree that: (i) I am at all times solely responsible for my compliance with any such Third Party Provider’s own applicable terms and/or restrictions (which may be additional to those set forth in this Agreement), and (ii) if/where such terms/restrictions of a Third Party Provider direct conflict with, or are inconsistent with, this Agreement, solely the applicable language of the Third Party Provider’s terms and/or restrictions will supersede and control over this Agreement, otherwise all other language in this Agreement will remain unaltered. 8. Marketing. I hereby grant to the Company (including the Company’s current and hereafter existing assigns, affiliates, staff, vendors and similar third parties) a worldwide, perpetual, royalty-free license to forever use, copy, distribute, display, print, reproduce and creative derivative works in any medium whatsoever (for example, the internet and social media), whether such medium exists now or hereafter, using my image, voice, photographic, video, and/or digital likeness, including any statement, communication, feedback and/or testimony (collectively, “Feedback”) I may give directly or indirectly relating to the Activity and/or the Company, for the Company’s promotional, advertising, marketing, and related commercial purposes in accordance with applicable law. I hereby certify and warrant that: (a) I am authorized to grant the aforementioned license & permission; (b) my Feedback is true and accurate and given of my own free will; (c) I have received good and valuable consideration for accepting this Agreement, and no additional consideration is due to me or my heirs of any kind; (d) I hereby forever waive any right to review and/or approve any use of my Feedback; and (e) the Company is under no obligation of any kind to use my Feedback together with my name or likeness, nor is the Company under any obligation to use my Feedback altogether. 9. Laws & Conduct. I acknowledge and agree to at all times comply with and abide by: (a) all applicable rules, regulations and laws (including those relating to bicycle riding), including, but not limited to the New York City Traffic Rules & Regulations and the N.Y.C. Administrative Code; and (b) all instructions and communications given by the Activity’s staff, even when in conflict with the terms of this Agreement. I understand and agree that until the Activity is completed, I may not leave or abandon the Activity after five (5) minutes once it’s started; provided that, if I do nevertheless leave or abandon the Activity before it’s completion, I may be charged the Cancellation Fee and/or be entitled to no refund or credit of any kind. I acknowledge and agree to at all times conduct myself in a courteous manner (including but not limited to making every effort to avoid any disruptive and/or offensive conduct) and to be respectful towards all Company staff, other Activity participants and third parties. I agree to at all times carry and use my mobile device in a safe and non-disruptive manner, including avoiding taking phone calls only during Activity stops and out of ear shot of other Activity participants. I understand and agree that if I at any time fail to conduct myself in a courteous and respectful manner, or interfere with the Activity, or any other Activity participant’s experience, in any way (even if indirectly), the Company (in addition to any other remedy available) reserves the right to immediately dismiss me from the Activity at any time (without any obligation or liability to the Company or any third party) and if the circumstances call for it, report my conduct to the authorities. In such event, I agree to immediately return all equipment and gear to the Company and will likewise be entitled to no refund or credit of any kind. 10. Other Terms. By accepting this Agreement, I acknowledge I have fully read and agree to (a) the Company’s Terms of Use (www.originalnyc.io/termsofuse) and Privacy Policy (www.originalnyc.io/privacy); and in addition, any other terms and/or conditions (if any) set forth on the Activity booking page (including those set forth therein by, or on behalf of, a third party (if applicable)). 10. Miscellaneous Terms & Waiver. This Agreement constitutes the sole and entire binding agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement or invalidate or render unenforceable such provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to the making or performance of this Agreement whether sounding in contract, tort or statute shall be governed by and construed exclusively in accordance with and enforced under the internal laws of the State of New York, U.S.A. (including its statute of limitations without giving effect to any choice or conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York, U.S.A. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in New York, New York, U.S.A., and I hereby consent to the exclusive jurisdiction of such courts. In the event this Agreement (including any related document or materials) are translated into any language other than English, the English version shall prevail and control in the event of any inconsistency, conflict or ambiguity. 11. My Certifications. By clicking my acceptance or electronically signing below, or by booking, paying for, or showing up to any Activity, I represent and certify that: (a) I have fully read and understand this Agreement; (b) I am voluntarily agreeing to all terms and consent to be bound by this Agreement; (c) I am the individual participating in the Activity (or the parent/legal guardian of the minor(s) participating in the Activity) and voluntarily agree to be responsible for such minor’s conduct and safety during the Activity; (d) I comprehend the English language (in all formats and mediums) and understand the terms of this Agreement; and (e ) if accepting this Agreement online, I acknowledge that I am providing my electronic signature and acceptance, which serves as my consent to this Agreement and indicates my unconditional intent to be legally bound by its term (having the same legal effect as a handwritten signature and complies with any signature requirements provided under applicable law). DESPITE MY GIVING UP SUBSTANTIAL LEGAL RIGHTS, BY ENTERING THE REQUESTED INFORMATION BELOW (OR ON THE NEXT PAGE OR FORM), I ACKNOWLEDGE AND AFFIRM THAT I HAVE VOLUNTARILY FULLY READ, UNDERSTAND AND AGREE TO ALL OF THE ABOVE TERMS, ON BEHALF OF MYSELF AND/OR THE INDIVIDUAL(S) IDENTIFIED (IF ANY).