RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
THIS RELEASE STATES THAT YOU ACCEPT FULL RESPONSIBILITY FOR ANY PERSONAL INJURY AND/OR DAMAGE TO EQUIPMENT PROVIDED BY The eBike Shop FOR RENTAL OR TEST RIDE USE.
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT TO SUE, AND RELEASE FROM LIABILITY The eBike Shop, AND EACH OF ITS RESPECTIVE AGENTS, VENDORS, EMPLOYEES, VOLUNTEERS, MEMBERS, SPONSORS, PROMOTERS, AND AFFILIATES (COLLECTIVELY, THE “RELEASEES”). I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES. I HAVE READ IT CAREFULLY BEFORE SIGNING AND FULLY UNDERSTAND ITS TERMS AND EFFECT.
In consideration of the use of the test ride bicycle provided to me by one or more of the Releasees, I hereby freely agree to and make the following contractual representations and agreements.
I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS ACTIVITY AND FULLY REALIZE THE DANGERS OF TEST RIDING A BICYCLE, WHETHER AS A RIDER OR OTHERWISE. I FULLY ASSUME ALL RISKS ASSOCIATED WITH SUCH PARTICIPATION, INCLUDING BUT NOT LIMITED TO: collisions with pedestrians, vehicles, other riders, and fixed or moving objects; surface hazards including potholes; equipment failure; inadequate safety equipment; THE RELEASEES’ OWN NEGLIGENCE; the negligence of others; weather conditions; and the risk of serious physical or mental injury, permanent disability, or death.
For myself, my heirs, executors, administrators, legal representatives, assigns, and successors in interest (collectively, “Successors”), I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE TO INDEMNIFY AND NOT TO SUE the Releasees from any and all rights, claims, demands, or causes of action of any kind, INCLUDING CLAIMS ARISING FROM THE RELEASEES’ OWN NEGLIGENCE, which I now have or may hereafter accrue, arising directly or indirectly from my use of any bicycle provided by The eBike Shop.
I AGREE THAT IT IS MY SOLE RESPONSIBILITY TO OPERATE THE BICYCLE IN A MANNER THAT DOES NOT ENDANGER MYSELF OR OTHERS. I ACCEPT FULL RESPONSIBILITY FOR THE CONDITION AND ADEQUACY OF THE TEST RIDE BICYCLE AND FOR MY OWN CONDUCT, AND I AGREE TO IMMEDIATELY CEASE RIDING IF ANY ISSUE ARISES WITH THE BICYCLE’S OPERATION. I AGREE TO WEAR A HELMET THAT MEETS THE REQUIREMENTS OF THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION AND ACCEPT ALL RESPONSIBILITY FOR THE SELECTION AND USE OF SUCH HELMET. I REPRESENT THAT I HAVE NO MEDICAL OR PHYSICAL CONDITION THAT WOULD IMPAIR MY ABILITY TO SAFELY OPERATE THE BICYCLE OR ENDANGER OTHERS.
I AGREE, FOR MYSELF AND MY SUCCESSORS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING AND NOT MERE RECITALS. SHOULD I OR MY SUCCESSORS ASSERT A CLAIM CONTRARY TO THE TERMS OF THIS AGREEMENT, THE CLAIMING PARTY SHALL BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, INCURRED BY THE RELEASEES IN DEFENDING SUCH CLAIM.
THIS AGREEMENT MAY NOT BE MODIFIED ORALLY. ANY WAIVER OR MODIFICATION OF A PROVISION SHALL NOT BE CONSTRUED AS A WAIVER OR MODIFICATION OF ANY OTHER PROVISION. I CONSENT TO THE RELEASE BY ANY THIRD PARTY TO THE RELEASEES AND THEIR INSURANCE CARRIERS OF MY NAME AND MEDICAL INFORMATION SOLELY AS IT RELATES TO ANY INJURY OR DEATH ARISING FROM MY PARTICIPATION. EACH PROVISION OF THIS AGREEMENT IS INTENDED TO BE SEVERABLE, AND IF ANY PROVISION IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
