This Transportation Services – Individual Service User Waiver and Acknowledgment ("Waiver") is executed by the undersigned ("Participant") in favor of IB Stores, LLC, including its affiliates, subsidiaries, officers, employees, and agents (collectively referred to as "Provider"). By signing this Waiver, the Participant acknowledges and agrees to the terms and conditions herein, affirming that they are of sound mind and fully aware of the implications of this agreement before availing themselves of the transportation services provided by the Provider.
Each Participant in the "Free Transportation Service for Student Program" is required to complete and submit this Waiver prior to each instance of utilizing the transportation service. A new Waiver must be submitted by each individual participant every time they intend to use the transportation service.
The Participant acknowledges that the transportation services provided by the Provider may involve various types of vehicles, including but not limited to shuttles, buses, vans, or other appropriate vehicles, depending on the number of travelers and the travel route. These services are complimentary and are sponsored or conducted by or under the auspices of the Provider, which oversees India Bazaar, Rajula's Kitchen, and/or their sister entities.
The Participant understands and acknowledges that the terms and conditions of the transportation service, as outlined in this Waiver, may be modified at any time by the Provider without prior notice. Additionally, the Provider reserves the right to modify aspects of the service, such as pick-up points or vehicle types, or to withdraw or terminate the service entirely at any time without prior notice.
The Participant acknowledges that the transportation services are provided primarily to facilitate shopping at locations of India Bazaar and Rajula's Kitchen. The Participant agrees that they are utilizing the transportation service primarily for this purpose and may be required, upon request, to furnish a receipt after visiting these establishments before reentering the transportation vehicle.
The Participant acknowledges and accepts that there are inherent risks associated with using the transportation services, including but not limited to illness (such as exposure to viruses like COVID-19 and its variants), injury (including death), and loss of personal property. By choosing to use the transportation service, the Participant voluntarily assumes these risks for themselves and their property, as well as for the person and property of others. The Participant also acknowledges that travel using the transportation service may be physically strenuous and affirms that they are not aware of any medical reasons that would preclude their participation.
The Participant agrees to comply with all federal, state, and municipal laws, regulations, and ordinances; with posted signs or directions regarding speed and traffic control; and with laws, regulations, and ordinances regarding seat belts and other safety restraints or devices as applicable. The Participant further agrees not to possess, consume, or transport any alcoholic beverages or illegal substances in the vehicle. The Participant undertakes not to make or cause to make any frivolous requests regarding changes in passenger capacity, speed restrictions, or route restrictions of the vehicle, and acknowledges that the total number of passengers must not exceed the manufacturer's recommended capacity, the number specified by the Provider, or the number specified by federal or state law or regulations, whichever is lowest. The Provider reserves the right to deny the Participant the use of the transportation services if any property is vandalized or destroyed, or if the Participant engages in any untoward conduct or behavior that may undermine the reputation of the Provider or violate any law.
The Participant consents to the collection of their information through various channels while using the transportation service, including photographing their face, photo identification, and shopping habits. The Participant agrees to allow the Provider to take a picture of their face along with their identification proof, which may include a student identification card or a government-issued identification card. This information will be retained by the Provider for minimum of five (5) years and then archived and may be shared with valid authorities, including law enforcement agencies, without prior notice to the Participant. The information gathered may also be used by the Provider to analyze trends with the goal of improving services. The Participant acknowledges and agrees that the transportation service may be monitored using devices such as vehicle trackers and CCTV cameras, and that the information gathered may be utilized by the Provider in promotional materials, on vehicles, on the website, etc., without prior notice to the individuals. The Participant agrees to share tracking information of the transportation service with others only for facilitating and updating the route and position of the service and not for any other personal or nefarious purposes. The Provider may also share the information gathered with authorities, including legal and law enforcement authorities, without prior notice to the individual whose information is being requested.
The Participant, for themselves, their heirs, personal representatives, or assigns, hereby releases, waives, covenants not to sue, indemnifies, and agrees to hold harmless the Provider and their members, officers, agents, volunteers, or employees (collectively referred to as "Releasees" and/or "Indemnitees") from any and all liabilities, claims, demands, injuries (including death), or damages, including court costs and attorney's fees and expenses, which may occur to the Participant, other participants, and third persons as a result of the Participant's participation and conduct in the transportation service, while traveling to and from using the transportation service, or while on premises owned, leased, or controlled by Releasees/Indemnitees, including injuries sustained as a result of the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of Releasees/Indemnitees.
The Participant acknowledges that the Releasees/Indemnitees do not maintain insurance coverage for any circumstances arising from their participation in the transportation service or related events. The Participant understands that it is their responsibility to review and maintain appropriate personal insurance coverage to protect against any potential losses, damage, or injuries that may occur during their participation in the transportation service.
The Participant further acknowledges that the Provider does not carry general liability insurance to cover claims arising from the transportation service. As additional consideration for their right to participate, the Participant agrees to waive any claims against the Provider. This waiver allows the Provider to offer the transportation service on a complimentary basis or at the lowest possible cost to participants and to allocate resources more effectively to serve a greater number of individuals.
In addition to the waivers and releases stated above, the Participant hereby agree that the participant, their heirs, personal representatives, or assigns will not, at any time, initiate or cause to be initiated against the Releasees/Indemnitees any claim, lawsuit, or legal action arising from or related to their participation in the transportation service. The Participant understands and agree that this covenant not to sue is a legally binding obligation, preventing them from seeking legal recourse against the Releasees/Indemnitees for any matters covered by this agreement.
The Participant acknowledges that this covenant not to sue is an essential condition of their participation in the transportation service and that the Releasees/Indemnitees are relying on their execution of this covenant as a material factor in permitting their participation. The Participant further agrees that if they, or anyone on their behalf, violates this covenant by filing such a claim or lawsuit, they will be responsible for all costs and expenses, including attorney's fees, incurred by the Releasees/Indemnitees in defending against such actions.
The Participant acknowledges that the Releasees/Indemnitees cannot anticipate or control all risks associated with the transportation service and may need to respond to illnesses, accidents, injuries, or emergency situations. Therefore, they consent to any medical treatment, rescue, or evacuation services deemed necessary by Provider’s staff, medics, emergency personnel, or other medical professionals during their participation in the service, understanding that they are responsible for any associated costs.
The Participant, for themself and their heirs, personal representatives, or assigns, agree to indemnify and hold harmless the Indemnitees for any costs incurred for their treatment, even if an Indemnitee has signed medical documentation promising to pay for the treatment due to their inability to sign. Furthermore, they release, waive, covenant not to sue, and hold harmless the Releasees from any liabilities, claims, demands, injuries (including death), or damages, including court costs and attorney's fees, sustained while receiving or deciding to seek medical care, including travel to and from a medical facility, even if caused by the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of the Releasees. They understand that the Releasees/Indemnitees will call 911 emergency services in an emergency unless explicitly denied by them.
If requested a week in advance by emailing Transportation.ibstores@gmail.com and upon receiving confirmation from the Provider before using the transportation service, the Provider shall comply with all applicable provisions of the Americans with Disabilities Act, 1990 (ADA) and ensure that all services and facilities provided under this contract are accessible to individuals with disabilities.
In the event of any dispute arising from this waiver, the parties will first attempt mediation in Collin County, Texas. If mediation fails, disputes shall be resolved through binding arbitration under the American Arbitration Association in Collin County, Texas. This waiver shall be governed by the laws of the State of Texas. Any disputes not resolved by mediation or arbitration shall be resolved in the courts of Collin County, Texas.
By signing this waiver, the Participant acknowledges and represents that Participant has read and understands it and is signing it voluntarily as their own free act and deed. The Provider has not made, and Participant has not relied on any oral representations, statements, or inducements apart from the terms contained in this waiver. The Participant is executing this document for full, adequate, and complete consideration, fully intending to be bound by it now and in the future. While the Participant understands alternative services may be available that do not have the risks associated with the transportation service, the Participant still desires to voluntarily participate in the transportation service.
It is the Participant’s express intent that this waiver shall bind their family members and spouse, if the Participant is alive, and their heirs, assigns, and personal representatives, if the Participant is deceased, and shall be governed by the laws of the State of Texas.
By electronically signing this document, the Participant acknowledges that they are waiving significant legal rights. It is strongly recommended that the Participant consults with legal counsel prior to executing this document.