I, the below-named person, being aged 18 or above, or the parent or legal guardian of the below-named person who is under age 18 but at least aged 16 or older, in consideration of the services of Rad Power Bikes Inc. (“Rad Power Bikes”), the rate charged for those services, or the worth of them as freely given, and the permission to engage in the Activities as a participant, hereby acknowledge, agree, promise and covenant with Rad Power Bikes and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representatives and next of kin:
1. ACKNOWLEDGEMENT OF RISK: I acknowledge, agree and represent that by engaging in the test ride or other use of or interaction with of one or more electric bicycles and related activities, including without limitation, entering into the Rad Power Bikes retail areas or using Rad Mobile Service and interacting with products, product displays, and employees (“Activities”) I am permitted to engage in the Activities and voluntarily accept and assume responsibility and liability for certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property (including, without limitation, any pets of mine that I take on a test ride), or other third parties or their property, or the property of Rad Power Bikes. I further acknowledge that I understand the nature of cycling and related Activities and that I am qualified, in good health, and proper physical condition to participate in such Activities and willingly agree to comply with all verbal and written instructions provided to me as well as any other stated customary terms and conditions of participation. In the event I seek to transport any Rad Power Bikes products, I will use a vehicle and a rack or other system or method suitable to transport the product safely, without damage to persons or property, and in compliance with all local, state, and federal laws. Such transport of Rad Power Bikes’ products shall be deemed an Activity under this agreement. If I am assisted by any employee, agent, or contractor of Rad Power Bikes in loading Rad Power Bikes products into or onto my vehicle, such acceptance of assistance shall be deemed an Activity under this agreement.
2. ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand that (a) cycling and electric bicycle riding and related Activities involve inherent risks and danger of damage to personal and real property and serious bodily injury, including, but not limited to, permanent disability, paralysis, and death to myself, my pets or children, and to other third parties; (b) these risks and dangers may be caused by my own actions or inaction, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the actions or inactions or even negligence of the “Releasees” as defined below; (c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility, liability, and risk for injury, death, illness or disease, or damage to myself or to others, or damage to the real and personal property of me, my family, heirs, successors, and assigns, and/or third parties, including the property of Rad Power Bikes, arising from my participation in the Activities.
3. I HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility, liability, and risk for any and all injuries, death, illness, disease, or damage to myself, my family, heirs, successors and assigns and/or to third parties, and to my property and others’ property, including that of Rad Power Bikes, arising from my participation in the Activities and agree not to sue Rad Power Bikes and each of its respective instructors, employees, agents, owners, and contractors (each and collectively the “Releasees”) for any and all liability, claims, demands, losses, injuries, damage to real or personal property, or other damage that may occur, relate to or arise from my acts or omissions, including potential negligence, of the “Releasees” or otherwise. I further agree to defend, hold harmless, and indemnify the Releasees from any third party claims relating to, arising from, or resulting from the Activities or this Agreement. I further understand that by signing this Agreement, I agree to fully reimburse Rad Power Bikes for any damage caused to property of Rad Power Bikes as a result of my participation in the Activities. My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.
4. I AGREE TO ABIDE by Rad Power Bikes’ policies and agree to comply with all instructions of the instructors, employees, contractors, or other staff in connection with participation in the Activity, and understand that failure to follow such directions shall be grounds for immediate termination of my privilege to participate in the Activities without compensation or accommodation. I understand that the use or possession of drugs or alcohol is strictly prohibited before and during the Activities and will be grounds for immediate removal from the Activities without compensation or accommodation. I further agree to comply with the local, state, and federal laws that apply to the Activities, including but not limited to wearing a helmet at all times when on or riding and Ebike.
5. By participating in or attending any Activities in connection with Rad Power Bikes, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, LIKENESS OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails from Rad Power Bikes to the address that I provide below and understand I can request to have my email address removed from any marketing communications by emailing privacy@radpowerbikes.com..
6. I acknowledge and agree that information collected from me is subject to Rad Power Bikes' Privacy Policy: https://www.radpowerbikes.com/pages/privacy-policy.
7. I acknowledge and agree that I waive any right of subrogation and shall cause any applicable insurance company under which I am insured or an additional insured to waive any right of subrogation that any such insurance carrier may have against Rad Power Bikes or any of the Releasees. I understand that this provision means that any insurance company that provides coverage to me or my real or personal property will be precluded from seeking reimbursement from Rad Power Bikes or the Releasees for any losses paid under my applicable policy(ies).
By signing below, I knowingly and voluntarily represent that I understand and agree that I have given up substantial rights and have signed it freely and without any inducement or assurance of any kind and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by local, state and/or federal law. I further understand that if part of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the balance of the Agreement shall remain valid and binding. I understand that this is the entire agreement between Rad Power Bikes, its agents or employees, and myself and that it cannot be modified or changed in any way by the past, current, or future representation or statements of any employee or agent of Rad Power Bikes or by me. Rad Power Bikes may deny participation for any reason not unlawful as it deems necessary or reasonable in its sole and absolute discretion. This agreement shall be governed by and construed in accordance with the laws of the country, state, or province in which the test ride or other Activities occur(ed).
ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES SHALL, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, BE SUBJECT TO INDIVIDUAL BINDING ARBITRATION IN THE STATE OF WASHINGTON OR, IF LEGALLY REQUIRED, IN THE STATE OR PROVINCE IN WHICH THE ACTIVITIES OCCURRED. ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) AND GOVERNED BY THE FEDERAL ARBITRATION ACT 9 U.S.C., SEC. 1-16 (FAA).
I AGREE THAT NEITHER I NOR RAD POWER BIKES MAY JOIN OR CONSOLIDATE CLAIMS OF OTHERS OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER.