Bike Rack Installation Agreement & Liability Release and Assumption of Risk (US)

BIKE RACK INSTALLATION AGREEMENT & LIABILITY RELEASE AND ASSUMPTION OF RISK

This Agreement is entered into between Rad Power Bikes Inc. (“Rad”) and (“you” or “your”) for the assembly and installation of a bike rack on your vehicle. In consideration of the mutual covenants and agreements in this Agreement, you and Rad agree as follows:

1. You and Rad agree that prior to assembly and installation of the bike rack:
   1. You will purchase and pay for the bike rack;
   2. You will pay the $49.01 installation fee;
   3. You will allow Rad to inspect your vehicle, mark pre-existing damage on our assembly and installation checklist sheet (“IC Sheet”), and you will then sign off that the pre-existing damage exists; and
   4. You will examine the bike rack’s condition and notify us of any defects.
2. Once the conditions of Section 1 are met to Rad’s satisfaction, Rad will assemble and install the bike rack at our show room.
3. You and Rad agree that during the assembly of the bike rack Rad will follow only the manufacturer’s steps for proper assembly and installation.
4. You and Rad agree that after the assembly of the bike rack you will review the assembly installation of the bike rack and then initial the IC Sheet confirming proper installation.

5. Following installation, Rad assumes no responsibility whatsoever for the condition, use, performance, or maintenance of the bike rack. You agree that your receipt of the bike rack following installation is on an “as is” basis and you agree that any repairs or replacements will be made at your sole expense.

6. Following installation, you expressly assume all risks related in any way to the possession, use, and maintenance of the bike rack.

7. You agree to waive any and all claims against Rad and its employees, officers, or members for damage to persons or property which may occur in any way related to the bike rack, including as a result of assembly, installation, uninstallation, or a product defect. You further agree to indemnify, save and hold harmless Rad and its employees, officers, and members from any and all liability, claims, costs, attorney’s fees or expenses whatsoever, including third-party injuries or property damage, arising from assembly, installation, or use of the bike rack, including liability, claims, costs, attorney’s fees or other expenses caused by or arising out of the negligence of Rad and its employees, officers, or members.

8. You agree that you have carefully read and understand the above agreement, and by signing this agreement, you exempt and release Rad its employees, officers, and members from all liability or responsibility whatsoever, including but not limited to liability for personal injury, property damage, or wrongful death arising from the assembly, installation, use, or location of the bike rack, however caused, including but not limited to product liability.