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Terms and Conditions
evo Denver Bike
RIDER AGREEMENT
I accept full financial responsibility for the equipment listed on this form. I promise to return it clean and undamaged by the agreed time and date, and if I fail to do so, I will pay for repair, cleaning or replacement at the full retail rate, as determined by Evolucion Innovations, Inc (“evo”), as well as for any late charges for any additional time or days. I hereby irrevocably authorize evo to charge the credit card noted for the full rental, repair or replacement cost. I understand how this equipment works and have received instructions and satisfactory answers to any questions. I understand that these bikes are not intended or allowed to be taken to a bike park. I agree to check this equipment before each use and if at any time this equipment does not seem to be working properly, I will stop using it immediately and return it to evo for inspection and possible repair or adjustment. This equipment is for my use and I agree not to allow any other individuals to use it. I HAVE CAREFULLY READ, UNDERSTOOD AND AGREE TO THE TERMS OF THE WARNING, ASSUMPTION OF RISK, LIABILITY RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT AND AGREEMENT NOT TO SUE.
WARNING AND ASSUMPTION OF RISK, LIABILITY RELEASE, INDEMNITY and HOLD HARMLESS AGREEMENT and AGREEMENT NOT TO SUE
1. I understand and agree that cycling and related activities are HAZARDOUS and that injuries or damage to self, others or property are common and ordinary occurrences during this activity. I AGREE TO ASSUME ALL RISKS OF AND LIABILITY FOR death, injury or damage to me or my property, or to others or their property, while using this equipment.
2. I understand and agree that certain risks of cycling may be reduced, but not entirely eliminated, by taking lessons and by using reasonable care and common sense.
3. In further consideration of my right to use the listed equipment, on behalf of myself and my heirs, executors, administrators, martial community (if any), agents, successors and assigns. I hereby agree to indemnify, defend, hold harmless and fully release and forever discharge each of evo, the manufacturers and distributors of the listed equipment, and their respective directors, officers, members, shareholders, employees, affiliated entities, agents, insurers, and assigns, from and against any and all liabilities, costs, claims, alleged claims, demands, duties, rights, agreements, promises, damages, injuries, losses, expenses, liens and debt actions of any kind, including, without limitation, attorneys’ fees, whether known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, my or another’s use of the listed equipment and participation in the activity of cycling, as the case may be, including without limitation, personal injury or death, property damage, loss of enjoyment, or other harm or loss of any nature whatsoever caused or contributed to by or arising out of my or another’s use of the listed equipment and/or participating in cycling activities. I specifically waive any rights or benefits conferred by the provisions of section 1542 of the civil code of California, which provides that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if know by him must have materially affected his settlement with the debtor.” If any part or clause of this agreement is determined to be invalid or unenforceable, this agreement shall otherwise remain in effect and shall be construed in accordance with its terms, including by giving the greatest effect possible to the otherwise invalid or unenforceable provision.
4. This document is a LEGALLY BINDING CONTRACT which supersedes any other agreements by or between parties, and which constitutes the FINAL AND ENTIRE AGREEMENT regarding this transaction and this equipment. This agreement is intended to provide a COMPREHENSIVE RELEASE OF ALL LEGAL LIABILITY which is binding upon and for the benefit of all parties, their heirs, agents and assigns, but it is not intended to assert any claims or defenses that are prohibited by law. This agreement will be construed and enforced under the laws of the State of Colorado notwithstanding its choice of law provisions, and venue for any suit or proceeding in any way related to this agreement will be in the federal and state courts in Denver County, Colorado. If any part of this agreement is held to be invalid or unenforceable, the remainder shall be given full force and effect. The specific rights of the parties may vary among different states and provinces.