The New Wheel Test Ride Participant Notice, Agreement, Waiver and Release
While test-driving and operating electric bicycles at The New Wheel, Inc. you must be 16 years of age or older, have a valid driver’s license or state issued ID and wear an ANSI approved and properly fitted protective head gear. You represent and certify that you are appropriately licensed and have adequate insurance to cover any injury or damage you may suffer or cause while test riding at The New Wheel, Inc. As the rider of the electric bicycle, you are responsible for your actions. You agree not to operate the electric bicycle negligently, recklessly or in any manner contrary to applicable laws. You assume complete responsibility for all risks and for injures, death and/or property damage that may occur as a result of test-riding and operating dealer provided electric bicycles at The New Wheel, Inc.
IN CONSIDERATION OF PARTICIPATING IN THE NEW WHEEL’S TEST RIDE BY RIDING ONE OR MORE ELECTRIC BICYCLES, I HEREBY ENTER INTO THIS ASSUMPTION OF RISK, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT VOLUNTARILY AND WITH FULL AND COMPLETE UNDERSTANDING. I ACKNOWLEDGE, AGREE AND REPRESENT that I am 16 years old or older, possess a valid driver’s license or state issued ID and understand and accept any and all risks, dangers and hazards including death presented by my participation in test riding at The New Wheel, Inc. I am participating in these activities freely and voluntarily, and ASSUME ALL RISK OF HARM AND INJURY INCLUDING DEATH to myself, and others, as well as to the property of others, which may result from my participation.
I UNDERSTAND THAT I AM SOLEY RESPONSIBLE FOR AND AGREE TO FULLY PAY FOR ANY DAMAGES OR INJURY that I may cause during my participation in test riding at The New Wheel, Inc. I hereby indemnify and holding harmless, WAIVE, RELEASE AND FOREVER DISCHARGE The New Wheel, Inc, its officers, directors, employees, contractors, members, agents, volunteer staff, from any and all claims, actions, causes of action, demands, losses or liabilities of whatever kind and nature and without limitation, including, but not limited to, claims of property damage and bodily injury of all kinds, judgments, interest, attorneys’ fees, and all other costs and losses, which may arise from, or are in any fashion related to, my participation in test riding at The New Wheel, Inc.
I CERTIFY THAT I HAVE ADEQUATE INSURANCE TO COVER ANY INJURY OR DAMAGE I may suffer or cause while test riding at The New Wheel, Inc; that it is my responsibility to provide myself with and to wear an ANSI approved and properly fitted protective head gear when participating on a test ride; and that I understand California State Law as it pertains to bicycle helmets; I am not aware of any medical condition or other circumstances that may affect my ability to participate in test riding; I acknowledge that I have been advised of all-risks both potentially known and unknown and acknowledge that I am familiar with the operation of electric bicycles and have not consumed any alcoholic beverages or illegal substances.
I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS DOCUMENT in its entirety, am responsible for my actions and realize that I am WAIVING, RELEASING, AND SURRENDERING ANY LEGAL CLAIMS OR CAUSES OF ACTION for myself, my spouse (if applicable), my dependents (if any), my parents, legal representatives, heirs, and assigns in exchange for the opportunity to test ride at The New Wheel, Inc.. Neither, The New Wheel, Inc., its officers, directors, employees, contractors, members, agents, volunteer staff have made any promises to me about the condition of the vehicles, the chargers, or the premises where I will be participating in The New Wheel, Inc. test rides. I UNDERSTAND THIS AGREEMENT AND AGREE WITH EACH TERM AND CONDITION HEREIN AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.