Release of Liability, Use of Likeness, Purchase Liability Waiver

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Please read carefully. This is a Binding Agreement. 

CONTRACT TO TEST RIDE CYCLES

AND RELEASE OF LIABILITY

In exchange for Electric Wheels of CO, LLC of Highlands Ranch allowing me and/or my minor child to participate in test riding any electric powered bicycle, recumbent bicycle, stationary cycle, motorized or non-motorized bicycle, fat-tire bicycle, skateboard, scooter, trike, Solowheel, or any other vehicle (all defined herein as “Cycles”) offered by Electric Wheels of CO, LLC of Highlands Ranch, located at 9579 S. University Blvd. #170, Highlands Ranch, CO 80126, and/or use of the property, facilities and services of Electric Wheels of CO, LLC of Highlands Ranch, I agree for myself and (if applicable) for the members of my family, to the following:

  • AGREEMENT TO FOLLOW DIRECTIONS

I agree that I am solely responsible for my health and safety, and certify that I have the experience, skill, and ability necessary to ride a Cycle and that I am in good physical health. I agree that I am responsible for knowing how to properly ride and operate the Cycle and for obtaining necessary instruction if I need it. I agree to observe and obey all posted rules and warnings, agree to follow any oral instructions or directions given by employees, representatives, or agents of Electric Wheels of CO, LLC Highlands Ranch, and agree to obey all traffic signs, lights, and follow the rules of the road.  

  • ASSUMPTION OF THE RISKS AND RELEASE
  1. I understand that operating a Cycle is hazardous and that while riding a Cycle I will encounter or be exposed to any number of risks, hazards, and dangers – including losing control of or crashing the Cycle; collisions with moving or parked vehicles or other Cycles, pedestrians or other obstacles; potholes or other uneven surfaces; braking too hard or not hard enough; sewer gratings, construction, debris, animals, flat tires or other obstacles, distractions, and equipment failures; poor decision-making and negligence by drivers, other riders, or providers of medical care in the event of an accident; and other hazards inherent in cycling.
  2. I also understand that as a consequence of many of the above-mentioned risks, hazards and dangers, I may be seriously hurt or disabled or may die from the resulting injuries, and that my property may be damaged. I understand that I may also encounter other hazards of which I am totally unaware.
  3. Recognizing and acknowledging that there are certain inherent risks associated with the above described activity I hereby assume the risk of all of the above-mentioned risks, hazards and dangers, and any harm, injury or loss that may occur to me or my property as a result of my use of a Cycle including, but not limited to, any risks, hazards or dangers caused by the negligence of any Electric Wheels of CO, LLC of Highlands Ranch employee or by any other individual. And I assume full responsibility for personal injury to myself and (if applicable) my family members. Therefore, I hereby RELEASE, Electric Wheels of CO, LLC of Highlands Ranch and their employees, officers, directors, shareholders and owners (the “Released Parties”) from all liabilities, causes of action, claims and demands that arise in any way from any injury, death, or loss or harm that I sustain or that any other person or any property sustains as a result of my use of a Cycle. This release includes, but is not limited to, claims based on: negligence; defects in the design, manufacture, adjustment, maintenance or inspection of the Cycle and related equipment; failure to provide, inspect, or maintain the area where the Cycle is ridden; and failure to provide proper instruction, technical direction or safety equipment, I agree NOT TO SUE or make a claim against the Released Parties for injuries or damages relating to my use of a Cycle and related equipment.

 

  • INDEMNIFICATION, HOLD HARMLESS AND DEFEND

I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (as defined above) against any and all claims to which this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my use of the Cycle. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement including the indemnification obligation in this Section, will be binding on my estate, and my personal representatives, executor, administrator, or guardian will be obligated to respect and enforce them.

  • DAMAGE TO EQUIPMENT AND RELATED COSTS

I agree to pay for all damages to any Cycle, and to the facilities of Electric Wheels of CO, LLC of Highlands Ranch caused by any negligent, reckless, or willful actions by me or my family.

 

  • APPLICABLE LAW, JURISDICTION AND VENUE

This agreement is governed by and construed in accordance with the laws of the state of Colorado, without any reference to choice of law rules. In any dispute in which the validity or enforceability of this agreement is contested, I agree that any party contesting the agreement will pay all attorney’s fees and costs of the parties seeking to uphold the agreement. Exclusive jurisdiction and venue for any claim or dispute shall be the state courts located within the County of Douglas, state of Colorado.

  • NO DURESS

I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.   

  • ENFORCEABILITY AND SEVERABILITY

I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Colorado Law. I agree that if any portion of provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

I HEREBY CERTIFY, by signing below, that I am of legal age, 18 years of age or older or that I am the parent or legal guardian of the identified minor. I have read this agreement and fully understand the contents herein. By signing below, I agree to all the terms and conditions of this agreement.

CONSENT FOR PARENTS OF MINORS (Complete only if requested)

I am the Parent or Legal  Guardian of ______________ and hereby consent to the participation of my minor child in the activity of test riding Cycles, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of this minor child.