Electric Cycling House Test Ride Consent Form
I acknowledge that by signing this document or agreeing to the e-sign consent form, I am assuming risks, and agreeing to indemnify, not to sue and release from liability Electric Cycling House, and each of its respective agents, vendors, employees, volunteers, members, sponsors, promoters and affiliates (collectively "releasees"), and that I am giving up substantial legal rights. This release is a contract with legal and binding consequences. I have read it carefully before signing, and I understand what it means and what I am agreeing to by signing. In consideration of the use of the test ride bicycle provided to me by one or more of releasees, I hereby freely agree to and make the following contractual representations and agreements.
I acknowledge that bike riding is an inherently dangerous and fully realize the dangers of test riding a bike and fully assume the risks associated with such participation including, by way of example, but not limited to: the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, including pot holes, equipment failure, inadequate safety equipment, the releasees' own negligence, the negligence of others and weather conditions; and the possibility of serious physical and/or mental trauma or injury, or death associated with the activity of cycling. For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "successors") I hereby waive, release, discharge, hold harmless, and promise to indemnify and not to sue the releasees and their respective agents from any and all rights and claims including claims arising from the releasees' own negligence, which I have or which may hereafter accrue to me, and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my use of any bicycle provided by Electric Cycling House.
I acknowledge that I have been advised to wear an approved helmet. I acknowledge that I can choose to wear a full-face helmet and other protective equipment such as elbow/ forearm and knee/shin padding during my test ride. I am aware that while test riding I am subject to all applicable traffic rules and regulations. I am familiar with the proper use of the all equipment provided, including all quick release mechanisms, brakes and gear shifters. I am aware that there are representatives available to answer any questions that I may have as to the proper use of the equipment. I am aware that e-biking involves many risks, dangers and hazards including, but not limited to: mechanical equipment failure, loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams and creeks and manmade structures such as bridges, ladders, berms and jumps; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for electric biking; travel on highways and backcountry roads; encounters with domestic and wild animals including dogs, bears and cougars; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated, from ones party; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES AND THE MANUFACTUERS AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ELECTRIC BIKING AS A RESULT OF MY USE OF THE EQUIPMENT. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ELECTRIC BIKING AND THE RENTAL OF ELECTRIC BIKING EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
I agree it is my sole responsibility to continually ride to neither endanger myself nor others. I accept responsibility for the condition and adequacy of the test ride bicycle and my conduct and agree to immediately cease riding the test ride bike if any problem should arise with its operation. I agree to wear a helmet that can protect against serious head injury, and assume all responsibility and liability for the selection of such a helmet.
I have no physical or medical condition which would endanger myself or others, or would interfere with my ability to use the bicycle provided by Electric Cycling House. I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert a claim contrary to what I have agreed to in this contract, the claiming party shall be liable for the expenses (including legal fees) incurred by the releasees in defending the claims.
This contract may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification. I consent to the release by any third party to releasees and their insurance carriers of my name and medical information that may relate solely to any injury or death I may suffer arising from the event. Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.