BICYCLE EQUIPMENT DEMO/RENTAL VOLUNTARY RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISK AGREEMENT
BY SIGNING THIS DOCUMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
TO: Lakeside Bicycles, their owners, officers, directors, agents, employees, and or representatives OR their manufacturers, distributors, and their owners, officers, directors, agents, employees, and or representatives (“the distribution chain”).
ASSUMPTION OF RISK: I am aware that Bicycling involves certain inherent risks, dangers, and hazards including, but not limited to, rock slides, severe weather, excessive cold or heat, encounters with wildlife, cars, or pedestrians, and unstable terrain. I understand that BICYCLING CAN BE HAZARDOUS and that use of this equipment involves a risk of serious injury to me. I understand that I risk death and injuries such as broken bones, muscle tears and sprains, joint problems, and other orthopedic injuries, as well as heart attacks, strokes, and other cardiovascular problems. I am also aware that Bicycle SHOE/PEDAL SYSTEMS are NOT DESIGNED OR INTENDED TO RELEASE AUTOMATICALY. As such, I voluntarily agree to assume and accept any and all known and unknown risks of injury while using this Bicycle equipment.
VOLUNTARY RELEASE AND WAIVER OR CLAIMS AGREEMENT: In consideration of the loan or rental to me of the listed Bicycling equipment, I hereby agree as follows:
1. I AGREE TO ACCEPT THIS BICYCLING EQUIPMENT FOR USE AS IS. I understand how the Bicycle Shoe/Pedal and shift systems work and have been instructed in their proper use. I agree to check this equipment before each use and will not use the equipment if any parts are worn, damaged, or missing. I also agree to keep this equipment in my possession at all times.
2. WAIVE ANY AND ALL CLAIMS that I have or may in the future have against anyone in the distribution chain resulting from use of the Bicycling equipment.
3. BY SIGNING BELOW, I HEREBY WAIVE ANY CLAIMS FOR, AND RELEASE EVERYONE IN THE DISTRIBUTION CHAIN FROM, ANY AND ALL LIABILITY TO ME AND MY FAMILY MEMBERS, PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, FOR ANY LOSS, DAMAGE OR ANY CLAIMS OR DEMANDS FOR DAMAGE MADE ON ACCOUNT OF INJURY TO ME OR MY PROPERTY OR RESULTING IN MY DEATH, AND RESULTING FROM ANY NEGLIGENCE IN THE INSTALLATION, MAINTENANCE, SELECTION, ADJUSTMENT, AND USE OF THIS BICYCLING EQUIPMENT. I HEREBY ASSUME THE RISK OF AND FULL RESPONSIBILITY FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OF ANYONE IN THE DISTRIBUTION CHAIN OR OTHERWISE WHILE I AM USING THIS BICYCLING EQUIPMENT.
4. I AGREE TO PURCHASE THIS BICYCLE FOR ITS FULL, ORIGINAL RETAIL PRICE IF I USE IT OR ALLOW IT TO BE USED IN ANY COMPETETIVE EVENT WHATSOEVER.
5. I AGREE TO RETURN THIS BICYCLE IN THE CONDITION I RECEIVED IT and to pay for the replacement or repair of any parts damaged while this bicycle is under my care.
6. BINDING EFFECT OF AGREEMENT: I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by law, and that if any portion of it is held to be invalid, I agree that the remaining terms shall continue to be in full force and effect. In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives
7. ENTIRE AGREEMENT: In entering into this agreement, I agree that no oral or written representations, statements, or other inducements to sign have been made apart from what is sent forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM VOLUNTARILY WAIVING CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE.
Date Signature of User of Equipment Printed Name of User of Equipment
TO BE SIGNED BY PARENT OR LEGAL GUARDIAN IF CUSTOMER IS UNDER EIGHTEEN (18) YEARS OF AGE:
If I am signing on behalf of a minor, I accept full responsibil8ity for all expenses, including medical expenses, incurred as a result of the minor’s rental and use of this Bicycling equipment. I also agree to RELEASE, HOLD HARMLESS, and INDEMNIFY everyone in the Distribution Chain for any
Damages, injuries, or death sustained by ____________________________________ (insert minor’s name) or for which he or she may be liable to other persons as a result of these described activities, including any claims resulting from the installation, maintenance, selection, adjustment, and use of this Bicycling equipment.