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, 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 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 voluntarily bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, 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 Product, I will use a vehicle and a rack or other system suitable to transport the product safely, without damage to persons or property, and in compliance with all laws. Such transportation 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 risks and danger of damage to personal property and serious bodily injury, including, but not limited to, permanent disability, paralysis, and death to myself 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” named 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 and risk for injury, death, illness or disease, or damage to myself or to others, or damage to my property or the property of others, 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 and risk for injury, death, illness, disease, or damage to myself 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, its instructors, employees, agents, owners, and contractors (each considered one of the “Releasees”) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be cause in whole or in part by the actions or omissions, including potential negligence, of the “Releasees” or otherwise; and I further agree that if despite this Release and Waiver of Liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, make a claim against anyone of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. I further understand and 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 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.
5. By participating in or attending any Activities in connection with Rad Power Bikes, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, 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 to the address that I provide below but may contact Rad Power Bikes to request that my email not be used for any marketing communications from Rad Power Bikes.
6. You acknowledge and agree that information collected from you is subject to Rad Power Bikes' Privacy Policy: https://radpowerbikes.ca/pages/privacy-policy.
My signature below indicates that I have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. 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 representation or statements of any employee or agent of Rad Power Bikes or by me. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. All test riders are subject to acceptance by Rad Power Bikes and may be denied participation for any reason Rad Power Bikes deems necessary or reasonable in its sole discretion. Upon commencement of a test ride or any related Activities, this agreement shall be deemed to have been entered into and to be performed in, and shall be construed according to the laws of, the country and state or province in which your test ride or other Activities are happening. ANY CLAIM ARISING OUT OF OR RELATING THIS AGREEMENT OR THE ACTIVITIES SHALL BE SUBJECT TO INDIVIDUAL BINDING ARBITRATION IN THE STATE OR PROVINCE IN WHICH THE ACTIVITIES OCCURRED. I SPECIFICALLY WAIVE THE ABILITY TO BRING ANY CLASS ACTION OR OTHER CLAIMS IN COMBINATION WITH OTHER CLAIMANTS AGAINST RAD POWER BIKES RELATING TO THIS AGREEMENT OR MY PARTICIPATION IN THE ACTIVITIES.