Release of Liability, Use of Likeness, Purchase Liability Waiver
Please READ CAREFULLY – THIS IS A LEGAL AGREEMENT
In exchange for participation in the activity of test riding an Electric Bicycle and/or PEMV as offered by EVRMORE ADVENTURE, LLC, of 1304 Willoughby Ave Brooklyn, New York 11237 and/or use of the property, facilities and services of EVRMORE ADVENTURE, LLC, I agree for myself and (if applicable) for the members of my family, to the following:
AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by EVRMORE ADVENTURE, LLC, or the employees, representatives or agents of EVRMORE ADVENTURE, LLC
ASSUMPTION OF THE RISKS AND RELEASE
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge EVRMORE ADVENTURE, LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of EVRMORE ADVENTURE, LLC, whether caused by the fault of myself, my family, EVRMORE ADVENTURE, LLC or other third parties.
I agree to indemnify and defend EVRMORE ADVENTURE, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of EVRMORE ADVENTURE, LLC
I agree to pay for all damages to the facilities of EVRMORE ADVENTURE, LLC caused by any negligent, reckless, or willful actions by me or my family.
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 an Electric Bicycle and/or PEMV, 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.
In the event of an injury to the above minor during the above described activities, and only if I cannot be reached immediately by telephone or in person, I give my permission to EVRMORE ADVENTURE, LLC or to the employees, representatives or agents of EVRMORE ADVENTURE, LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the execution of this document and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. EVRMORE ADVENTURE, LLC shall have the following powers:
- The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
- The power to authorize medical treatment or medical procedures in an emergency situation; and
- The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
I hereby agree that any legal or equitable claim that may arise from participation in the above shall be resolved under New York law.
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. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that EVRMORE ADVENTURE, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
ARM’S LENGTH AGREEMENT
This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or un-enforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
CONSENT FOR USE OF PICTURES AND VIDEOS
I understand that during my test ride EVRMORE ADVENTURE, LLC may offer to capture photographs and images of me for marketing purposes. I hereby give EVRMORE ADVENTURE, LLC the absolute and irrevocable rights to use my name, quotes and/or photos and images on the Internet (World Wide Web), in print publications, video and multimedia presentations, and/or for any purpose which may include, but not limited to display, public relations, marketing, or designs.
I also understand that my name and/or the images may be used for display or advertisement for the web site and/or literature published. I hereby waive the right to inspect or approve the images prior to any form of usage. I understand that the images may be modified to be used as design elements.
By signing this agreement, or by signing this agreement on behalf of a minor in the state of New York, I am giving EVRMORE ADVENTURE, LLC the right to use my name and own the images and use them for any purposes without further approval from me. I am releasing all rights to any images.
This agreement is a permanent licensing agreement that allows EVRMORE ADVENTURE, LLC to use any images, quotes and/or my name for any publishing purposes in the promotion of EVRMORE ADVENTURE, LLC I will not hold /or EVRMORE ADVENTURE, LLC responsible for any use or misuse of my name, quotes and/or the images. I agree to hold harmless, /or EVRMORE ADVENTURE, LLC from any and all actions, claims, and demands arising out of or in connection with the use of all or any part of the photographs (including computer images or reproductions of any kind), including any editorial or comment which may accompany the images in their displayed format and/or my name. I will not hold EVRMORE ADVENTURE, LLC liable for any errors, negligence, or gross negligence, in the editing or displaying of said images, quotes and/or in the use of my name.
PURCHASE Liability Waiver: This section is applicable only when there is a contract for purchase of an electric vehicle.
DEFINITIONS OF VEHICLES
Any vehicle sold, rented or otherwise represented by EVRMORE ADVENTURE, LLC is for the purposes of this agreement referred to as a “Cycle or Skateboard”. This includes any bicycle, skateboards tricycles, scooter, motorized bicycle, recumbent bicycle, stationary cycle, fat-tire bicycle, or any other customized bicycle which an electric-powered system has been installed. This includes any variation of a bicycle, with or without electric power-assist motors and controllers, sold, rented, or otherwise represented by EVRMORE ADVENTURE, LLC.
- All skateboards including skateboards with or without electric power-assist motors are called “Skateboards”.
- All types of bicycles or tricycles with or without electric power-assist motors are called “Cycles”.
- RISKS OF MY ACTIVITIES
I understand that cycling is hazardous and that while riding a Cycle or Skateboard that I will encounter or be exposed to any number of risks, hazards, and dangers – including losing control of or crashing the Cycle or Skateboard; collisions with moving or parked vehicles or other Cycle or Skateboards, 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.
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.
I AGREE TO ASSUME THE ABOVE RISKS
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 the Cycle or Skateboard-including, but not limited to, any risks, hazards or dangers caused by the negligence of any EVRMORE ADVENTURE, LLC employee or by any other individual.
RELEASE OF LIABILITY
I hereby RELEASE, EVRMORE ADVENTURE, LLC, its affiliates, 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 this Cycle or Skateboard, and any other EVRMORE ADVENTURE, LLC-supplied equipment. This release includes, but is not limited to, claims based on: negligence; defects in the design, manufacture, adjustment, maintenance or inspection of the Cycle or Skateboard and related equipment; failure to provide, inspect, or maintain the area where the Cycle or Skateboard 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 purchase of Cycle or Skateboard and related equipment. This Section does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that New York law does not permit to be excluded by agreement.
INDEMNIFICATION, HOLD HARMLESS AND DEFEND
I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the released Parties (defined in Section 4) against any and all claims to which Section 4 of 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 or Skateboard. 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.
REPRESENTATIONS & AGREEMENT TO FOLLOW RULES
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 an E-bike and that I am in good physical health. I agree that I am responsible for knowing how to properly ride and operate this E-bike or Skateboard and for obtaining necessary instruction if I need it. If I believe the Cycle or Skateboard is not functioning properly, I will stop using it and will return to the store to have the Cycle or Skateboard inspected, repaired, or adjusted by a qualified EVRMORE ADVENTURE, LLC technician.
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 New York 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.
APPLICABLE LAW & ATTORNEY’S FEES
This agreement is governed by and construed in accordance with the laws of the state of New York, without any reference to choice of law rules. In any litigation 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.
I have fully informed myself of the contents of this agreement by reading it before signing it.
I agree that no oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document.
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.