Release of Liability, Assumption of Risk, Indemnity and Hold Harmless Agreement and Agreement Not to Sue

Please Read Carefully and in its Entirety Before Signing

I and / or my child (“Rider”) wish to ride a YT Industries bicycle so I / we may evaluate it for possible purchase, for professional purposes, or for other reasons, and we agree to all terms of this Agreement as a condition of doing so.

Assumption of Risks of Cycling: Rider understands and agrees that bicycle riding is a hazardous activity, and that severe, disabling and life-threatening injuries may result from crashes, falling, collisions with vehicles or other bicycles, pedestrians, curbs, or other fixed or moving obstacles, terrain features (both natural and man-made), loss of control, breakdown or mechanical failure, trees, rain, ice, snow, and other conditions, darkness and other impediments to visibility, and all other hazards, all of which are INHERENT RISKS of cycling that RIDER assumes.

Rider’s Skills and Decision to Ride: This bicycle demo / test ride event is not a “learn to ride” event, and its not suitable for inexperienced cyclists. This event may take place in areas that present challenging and hazardous conditions. Rider Accepts and Agrees to Sole and Complete Responsibility for deciding when, whether, how and where to ride, and for selecting equipment appropriate for Rider, All At Riders Sole Risk, and Rider warrants and represents that Rider has sufficient skills and knowledge to enable Rider to select a bicycle appropriate for Rider and to ride in conditions of Riders choosing.

Neither YT Industries USA Inc, YT Industries GMBH, nor any of their officers, agents, employees or affiliates, nor any other Released Parties, make any warranties or representations regarding the suitability or safety on any particular equipment or any site or area for riding, testing, demonstrating or otherwise interacting with any bicycle, and Rider understands and agrees that all areas, including trails, streets, sidewalks, parking lots, parks, bike paths, bike lanes, and other locations and facilities each present unique combinations of hazards for which Rider is Solely Responsible.   

Rules and Conditions (Terms of Demo):

1.       Ride carefully, be aware of your surroundings, do not ride at excessive speeds, and do not undertake activities that cause undue risk of injury to yourself or to others.

2.       Do not engage in any off-road riding, jumping, stunts or tricks unless (1) you are personally confident in your capabilities to do so, (2) you have personally verified that the bicycle that you are riding is rated for the type of riding, jumping, stunts or tricks in which you intend to engage, and (3) You Assume All the Risks of Doing So.

3.       Do not ride a bicycle while carrying any briefcase, backpack, bag, or other item if it impedes your ability to operate the bicycle safely.

4.       Do not use any cellular telephone, text messaging device, headphones, music player, camera, or other device that may impair your hearing or vision, or that otherwise might distract you from safely operating the bicycle and being aware of your surroundings.

5.       Do not operate a bicycle while under the influence of any alcohol, drugs, medication, or any other substance that may impair your ability to operate the bicycle safely.

6.       Do not carry a second person on a bicycle.

7.       Comply with any and all federal, state, or local laws regarding the use and operation of a bicycle – Remember that a bicycle is a “vehicle” for purposes of state and local traffic rules, including but not limited to the following

a.       Follow all traffic controls, including stop signs, yield signs, lights, speed limits, one-way streets, lane markers and all others.

b.       Wear a CPSC- Approved bicycle helmet that has been properly fitted and buckled.

c.        Avoid riding in darkness or other reduced visibility, and if you choose to do so, use proper lights.

8.       Do not leave the bicycle unattended at any time, even for a moment, because bicycles are frequently stolen; Rider is responsible for returning the bicycle on time and intact, and will be charged the retail price of any loss or damage that YT Industries or any other owner deem to be the result of neglect or lack of proper care, and Rider authorizes charging Rider’s credit card for any such losses or expenses.

9.       Rider agrees to report any incidents, injuries, or damage immediately upon return.

10.     YT Industries has the right to refuse or cancel demo reservations without notice.

Helmet: Rider is solely responsible for bringing and wearing a helmet; Released Parties have no obligation to provide helmets, to inspect them, or to force Riders to wear them. Rider understands that no helmet can protect against all foreseeable falls or impacts, and cycling will expose the user to forces that exceed the limits of protection provided by any helmet. Rider also understands and agrees that a helmet does NOT protect the neck, spine, or any other uncovered body part, and that all of these limitations are INHERENT RISKS of cycling that Rider Assumes.

To the fullest extent allowed by law, and on behalf of myself, my children and my family and heirs, I / We hereby RELEASE YT Industries USA, Inc., YT Industries GmbH, all other manufacturers, distributors, retailers and other providers of this bicycle, helmet and other equipment, all persons who adjust, service or dispatch this equipment, all property owners, operators, managers, lessors and lessees of the premises where this equipment was used, serviced or dispatched, all promoters and sponsors, and all of their agents, employees, officers, directors, owners, and affiliated persons and companies (“Released Parties”), from ANY AND ALL RESPONSIBILITY OR LEGAL LIABILITY for any injuries, damages or death to me, my children, or to any other person, whether resulting from NEGLIGENCE or any other cause, I / We further agree that I / WE WILL NEVER SUE any of the Released Parties, and that I / WE WILL DEFEND AND INDEMNIFY the Released Parties if any claim or action is pursued by any person arising out of any injuries, damages or death to me, to my children, or to others if they arise out of my activities or equipment involved in this demo or any related activity. I / We further agree that in the event of my death or disability, the terms of this Agreement, including the release and indemnification obligations in this section, will be binding on my heirs, my family and my estate, and that my personal representative, executor, administrator or guardian will be obligated to honor and enforce them.

This document is a LEGALLY BINDING CONTRACT That supersedes any and all other agreements, warranties or representatives involving this equipment, the Released Parties and any related activities, and it constitutes the FINAL AND ENTIRE AGREEMENT regarding this equipment, the Released Parties and any related activities or events. This agreement shall be construed to provide a COMPREHENSIVE RELEASE OF LIABILITY in favor of the Released Parties to the greatest extent permitted by law, but is not intended to assert claims or defenses that are prohibited by law, and any invalid provision shall be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement. The parties ‘specific legal rights may vary among states and provinces.

By signing this agreement, you acknowledge and agree that you will be automatically added to the YT-Industries newsletter email list. This subscription will provide you with updates, news, promotional content, and relevant information regarding our products and services. You can unsubscribe from these communications at any time by following the instructions provided in each email or by contacting our support team. Your personal data will be handled in accordance with our Privacy Policy, ensuring your information is protected and used solely for the purposes outlined above.

I / WE HAVE CAREFULLY READ, UNDERSTOOD and AGREED to the TERMS of this WARNING, ASSUMPTION of RISK,

LIABILITY RELEASE, INDEMNITY and HOLD HARMLESS AGREEMENT and AGREEMENT NOT TO SUE.

I / WE UNDERSTAND THAT THIS IS A LEGALLY-BINDING CONTRACT. 

I AGREE I HAVE READ AND UNDERSTAND ALL THE RULES AND REGULATIONS OUTLINED BY SAN CLEMENTE MUNICIPAL CODE 10.62 AS WELL AS ALL SUBSECTIONS LISTED HEREIN OUTLINING THE RULES,REGULATIONS AND RESTRICTIONS REGARDING THE PROPER USE OF ELECTRIC BYCYLES.