RELEASE OF LIABILITY AND WAIVER OF RIGHTS
AND PARENTAL CONSENT, IF APPLICABLE
BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ABPS / Mobile Bike Pros (the “Shop”) or Rad Power Bikes Inc. (“RPB”).
I desire to (and/or desire for my child to) participate in a test ride(s) or other use of or interaction with of one or more electric bicycles owned, operated, or maintained by the Shop, and related activities, including without limitation, entering into the Shop’s retail areas or using the Rad Mobile Service and interacting with products, product displays, and employees, or to observe or otherwise participate in or in any other way be involved for any purpose with any of the foregoing (collectively, “Activities”). In consideration of being permitted to participate in the Activities and in recognition of the Shop's reliance hereon, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this "Release and Waiver").
This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations.
ACKNOWLEDGEMENT OF RISK: I acknowledge, agree and represent that the Activities I am permitted to engage (and/or am permitted to permit my child 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 (and/or my child), my (and/or my child’s) property, or other third parties or their property, or the property of the Shop. I further acknowledge that I understand the nature of cycling and related Activities and that I am (and/or that my child is) qualified, in good health, and in proper physical condition to participate in such Activities and willingly agree to comply (and/or cause my child to comply) with all verbal and written instructions provided to me (and/or my child) as well as any other stated customary terms and conditions of participation. In the event I seek to transport any electronic bicycles and other products, parts, or accessories purchased from or otherwise provided by the Shop, 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 Release and Waiver. If I am assisted by any employee, agent, or contractor of the Shop in loading any such products into or onto my vehicle, such acceptance of assistance shall be deemed an Activity under this Release and Waiver.
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/or my child) and to other third parties; (b) these risks and dangers may be caused by my own (and/or my child’s) actions or inactions, the actions or inactions of others participating in the Activities, the condition or location in which the Activities take place, or the actions, inactions, or 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 (and/or my child) or to others, or damage to my (and/or my child’s) property or the property of others, including the property of the Shop, arising from my (and/or my child’s) participation in the Activities.
I HEREBY FULLY AND FOREVER RELEASE AND DISCHARGE the Shop and RPB, and all of their affiliates, and all of their respective directors, officers, instructors, employees, agents, owners, and contractors (each considered one of the “Releasees”) from any and all injuries, death, illness, disease, losses, claims (including negligence claims), damages, demands, lawsuits, expenses, and any other liability of any kind, of or to me (and/or my child) and/or to third parties, and to my property (and/or my child’s) and others’ property, including that of any of the Releasees, directly or indirectly, whether actually or allegedly, arising out of or in connection with my (and/or my child’s) participation in the Activities, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of the Shop or any of the Releasees. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against any of the Releasees, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me (and/or my child), other parties, or my (and/or my child’s or others') property in connection with my (and/or my child’s) participation in the Activities, and I waive any right I may have to do so. This means that I cannot sue or hold any of the Releasees responsible for any injury, loss, or damage sustained by me (and/or my child), other parties, or my (and/or my child’s or others') property in connection with the Activities, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of any of the Releasees. I further agree that, if, despite this Release and Waiver, I make (or anyone on my behalf makes) 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 agree to fully reimburse the Shop for any damage caused to the property of the Shop as a result of my (and/or my child’s) participation in the Activities. My (and/or my child’s) participation in the Activities is purely voluntary, no one is forcing me (and/or my child) to participate, and I elect to (and/or elect for my child to) participate despite the risks. I HEREBY AGREE TO INDEMNIFY AND HOLD THE RELEASEES HARMLESS AGAINST ANY AND ALL CLAIMS, SUITS, LIABILITIES, DAMAGES, AWARDS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM THE ACTIVITIES.
I AGREE TO ABIDE by the Shop’s policies (including RPB’s user manuals and related guidelines) 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.
By participating in or attending any Activities, I CONSENT TO THE USE OF MY (AND/OR MY CHILD’S) NAME AND LIKENESS IN ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME (AND/OR MY CHILD) OR PROVIDED BY ME FOR ANY PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE WITHOUT FURTHER COMPENSATION OR PERMISSION, 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 the Shop and/or RPB to request that my email not be used for any marketing communications from the Shop and/or RPB.
I acknowledge and agree that information collected from me is subject to RPB’s Privacy Policy: https://www.radpowerbikes.com/pages/privacy-policy.
ANY CLAIM ARISING OUT OF OR RELATING TO THIS RELEASE AND WAIVER 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 ANY OF THE RELEASEES RELATING TO THIS RELEASE AND WAIVER OR MY (AND/OR MY CHILD’S) PARTICIPATION IN THE ACTIVITIES.
I understand that this is the entire agreement between the Shop and me, it supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters, and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of the Shop or me. I agree that RPB is intended to be, and shall be, a third-party beneficiary of my obligations, covenants, and agreements hereunder. If any portion of this Release and Waiver is unenforceable, the remaining portions shall continue in full force and effect. That shall include modifying this Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. All test riders are subject to acceptance by the Shop and may be denied participation for any reason the Shop deems necessary or reasonable in its sole discretion. Upon commencement of a test ride or any related Activities, this Release and Waiver 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 the test ride or other Activities are happening, without giving effect to any choice or conflict of law provision or rule.
I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable law, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under applicable law.
MY SIGNATURE BELOW INDICATES THAT I HAVE READ THIS RELEASE AND WAIVER AND FULLY UNDERSTAND ALL OF ITS TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE THE SHOP OR RPB, AND HAVE SIGNED IT FREELY AND VOLUNTARILY AND WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF THE SHOP IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITIES.
IF PARTICIPANT IS AT LEAST 18:
I AM AT LEAST 18 YEARS OF AGE. I HAVE READ THIS RELEASE AND WAIVER CAREFULLY, FULLY UNDERSTAND IT AND VOLUNTARILY AGREE TO ITS TERMS.
IF PARTICIPANT IS UNDER 18: PARENT/LEGAL GUARDIAN CONSENT
I AM AT LEAST 18 YEARS OF AGE, I AM THE PARENT OR LEGAL GUARDIAN OF MY CHILD, A MINOR UNDER THE AGE OF 18, NAMED BELOW, AND I AM AUTHORIZED TO SIGN THIS RELEASE AND WAIVER AND PARENTAL CONSENT. I HAVE READ THIS RELEASE AND WAIVER AND PARENTAL CONSENT CAREFULLY, FULLY UNDERSTAND IT AND VOLUNTARILY AGREE TO ITS TERMS.