SCOOT-E-BIKE by RAYTRONIKS USER AND WAIVER AGREEMENT
- WAIVER AND/OR LIMITATION OF LIABILITY
1.1 For and in consideration to ride or use the Scoot-E-Bike by RAYTRONIKS (“BIKE”), RIDER specifically forever releases and relinquishes and discharges RAYTRONIKS and each and every representative, agent, servant, employee, officer or director of RAYTRONIKS and Willie Norwood Jr, and any other persons, firms, insurers or other entities including, but not limited to, the manufacturers, sellers, and/or donors of the Bike (collectively referred to as the “RELEASED PARTIES”); from any and all claims, liability, cause(s) of action and/or damages, including for personal injury, property damage or wrongful death, injury to others and/or third parties, which arise out of, result from or relate to this Agreement, the maintenance, assembly, design, use and/or operation of the Bike; the RAYTRONIKS operations; and/or RAYTRONIKS website, including any and all claims, liability, cause(s) of action and/or damages related to the sole or partial negligence of RAYTRONIKS and/or the negligence of others. By this agreement any such claims, rights, and causes of action that RIDER (and RIDER’S legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and RIDER (and guardian(s), if applicable) does (do) so on behalf of RIDER’s heirs, executors, administrators and assigns.
2. RELEASE AND HOLD HARMLESS
2.1 RIDER expressly agrees to release and hold harmless the RELEASED PARTIES from all liability for any such property loss or damage, personal injury or loss of life whether caused by the sole or partial negligence of the RELEASED PARTIES and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence and any other legal theory, in consideration for using and/or operating the Bike.
2.2 RIDER voluntarily agrees, understands and recognizes that RIDER will have no right to make a claim or file a lawsuit against the RELEASED PARTIES arising out of this Agreement, the maintenance, assembly, design, use and/or operation of the Bike; the RAYTRONIKS operations; and/or RAYTRONIKS’ website, in consideration for using and/or operating the Bike.
- ACCEPTANCE OF RESPONSIBILITY AND ASSUMPTION OF RISKS
3.1 RIDER expressly acknowledges and accepts that RIDER rides at his/her Risk. RIDER accepts the Bike for use, exercising his/her free choice to participate voluntarily in this activity. RIDER promises to take due care during such participation, use and/or operation of the Bike. RIDER understands that bicycling is a hazardous activity. RIDER acknowledges, understands and assumes all risks relating to the maintenance, design, use and/or the operation of the Bike and understands that bicycling involves risks to the RIDER and others including bodily injury, partial or total disability, paralysis and death, and damages which may arise there from and that RIDER has full knowledge of said risks and dangers. RIDER understands that bicycle protective gear such as helmets and gloves are not provided but are recommended. RIDER understands that such gear, even when used, does not eliminate the risk of injury in the event of an accident.
3.2 RIDER acknowledges that there may be risks and dangers not known to RIDER or not reasonably foreseeable at this time related to bicycling, maintenance, design, use and/or operation of the Bike, and RIDER assumes responsibility for any and all such risks and dangers. RIDER acknowledges and understands that risks and dangers related to the maintenance, design, use and/or operation of the Bike may be caused by the negligence of the RIDER or the negligence of others, including RAYTRONIKS and/or RAYTRONIKS Parties. RIDER assumes responsibility for all such risks and dangers.
3.3 RIDER freely and expressly assumes and accepts any risks and all injury to RIDER, RIDER’s personal property, and any others injured or damages as a result of the maintenance, design, and use and/or operation of the Bike. RIDER acknowledges, understands and agrees that all of the risks and dangers related to the maintenance, design, use and/or operation of the Bike, including those caused by the negligence others, including the negligence of RAYTRONIKS and the RAYTRONIKS RELEASED Parties are included within the waiver, release and relinquishment of liability described in paragraph Three (3) of this Agreement.
In consideration to riding, assembly and use the Bike, RIDER expressly agrees to indemnify, defend, protect and hold harmless RAYTRONIKS, RAYTRONIKS Parties against any and all claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits, including claims brought by a third party, or disbursement of any kind or nature whatsoever related to, resulting from, regarding and/or referencing this Agreement, the maintenance, design, use and/or operation of the Bike; the RAYTRONIKS operations; and/or RAYTRONIKS website, even where caused in whole or in part by negligence, and/or the negligence of others, whether presently known or unknown.
- NO WARRANTY itself provides no warranties express or implied. There is no warranty of merchantability or fitness for a particular purpose, and the Bike and RAYTRONIKS equipment is accepted “AS IS.”
- WORKING ORDER AND PHYSICAL FITNESS
The Bike as given to me is working properly. I am physically and mentally able to ride the bike.
- INDEPENDENT CONTRACTORS: I acknowledge that RAYTRONIKS has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the use of the Bike.
- USE OF MY LIKENESS: I understand that during using the Bike, I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to RAYTRONIKS and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
- JURISDICTION: Governing Law for any Proceedings
RIDER expressly agrees that any proceeding, dispute, claim or controversy arising out of, resulting from and/or relating to this Agreement, the maintenance, design, use and/or operation of the Bike; the RAYTRONIKS operations; and/or RAYTRONIKS website, shall be construed in accordance with and governed in all respects by the laws of the State of California, without application or regard to choice of law provisions. RAYTRONIKS may assign its right and duties under this Agreement to any party at any time without notice to RIDER.
- NO WAIVER
RAYTRONIKS’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by RAYTRONIKS shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
Each provision of this Agreement, including an exclusions or limitations of liability, shall be construed separately, applying and surviving even if for any reason any provision in this Agreement is held to be inapplicable or unenforceable under any circumstance.
- ENTIRE AGREEMENT: Complete Agreement; Changes to the Terms and Conditions.
This Agreement constitutes the final and entire Agreement between RAYTRONIKS and RIDER. This Agreement represents the entire understanding between RAYTRONIKS and RIDER and prevails over any prior or contemporaneous, conflicting or additional, communications unless RAYTRONIKS revises or modifies this Agreement. RAYTRONIKS shall have the right to revise, change, and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on the Site. RIDER shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use, and/or operation of the Bike by RIDER following any modifications to this Agreement constitutes RIDER’s acceptance of the Terms and Conditions as modified.
- ACCEPTANCE OF AGREEMENT AND TERMS AND CONDITIONS OF RIDER
RIDER expressly acknowledges that he/she has carefully read the entire Agreement, including the Terms and Conditions, and understands this Agreement, including but not limited to the Waiver of Liability, Assumption of Risk and Indemnification Provisions, fully and expressly agrees to be bound by this Agreement. After careful deliberation, RIDER voluntarily gives his/hers consent and expressly agrees to all the conditions included in this Agreement as set forth above.
- BY CHECKING THE BOX AT CHECKOUT, RIDER AGREES THAT RIDER HAS READ, UNDERSTANDS AND EXPRESSLY AGREES TO THE ABOVE AGREEMENT AND TERMS AND CONDITIONS.
- RIDER SIGNS THIS RELEASE WITH FULL UNDERSTANDING AND ACCEPTANCE THAT HE/SHE IS GIVING UP CERTAIN LEGAL RIGHTS
- UNDER THE AGE OF 18 YEARS
All Riders under the age of 18 years are required to have a parent or legal guardian read and also sign this Release: The parent and the Rider have read, understand and agree to comply with this Release. By signing this document, the parent or guardian agrees to each of the provisions above, including to indemnify and hold RAYTRONIKS, its agents or employees harmless from any and all claims brought by the Rider or resulting from the Rider’s actions, whether RAYTRONIKS, its agents or employees are negligent or not. The parent or guardian has reviewed with the Rider and has certified that the Rider is familiar with the instructions and has shown to the parent or guardian that Rider can safely and competently use the equipment.
- BY CHECKING THE BOX AT CHECKOUT, PARENT/LEGAL GUARDIAN AGREES THAT RIDER HAS READ, UNDERSTANDS AND EXPRESSLY AGREES TO THE ABOVE AGREEMENT AND TERMS AND CONDITIONS.
- RIDER SIGNS THIS RELEASE WITH FULL UNDERSTANDING AND ACCEPTANCE THAT HE/SHE IS GIVING UP CERTAIN LEGAL RIGHTS.