Lyric Cycles Test-Ride Waiver
PLEASE READ CAREFULLY BEFORE SIGNING. SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY THIS FACILITY AND/OR ANY INSTRUCTOR CONNECTED WITH IT DOES NOT GUARANTEE YOUR SAFETY.
In consideration for participating in demonstration, test-riding, and rental-related activities or instruction connected with Lyric Cycles Inc., the undersigned, hereby agrees as follows:
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REGISTRATION OF RIDER AND PURPOSE OF AGREEMENT: I, the following listed individual hereinafter known as the "RIDER" and the parents or legal guardian thereof if a minor, do hereby voluntarily request and agree to participate in test-riding, renting or rental instruction on and about Lyric Cycles Inc. and that RIDER will test-ride or rent a demonstration unit provided to him or her by Lyric Cycles Inc., his or her own equipment, or one borrowed or leased by RIDER own arrangement, today and on all future dates.
- SCOPE OF AGREEMENT AND DEFINITIONS: This agreement shall be legally binding upon me, the RIDER, and the parents or guardians thereof if a minor, personal representatives or assigns, including all minor children, and parental representatives. Any disputes by the RIDER shall be subject to paragraph I below and litigated in the county in which Lyric Cycles Inc. is physically located. The term "RENTAL" herein shall refer to all equine species. The term “TEST RIDE”, “DEMONSTRATION”, "RENTAL" or "RIDER" herein shall refer to RIDER, instruction in, or otherwise handling of or being near test rides, demonstrations, electric bike demonstration units or rentals. The term "RIDER" shall herein refer to a person who test rides, rents or otherwise handles or comes near an electric bike demonstration unit or rental. The terms "I", "me", and "my" shall herein refer to the above RIDER and the parents or legal guardians thereof if a minor.
- INHERENT RISK OF ACTIVITY: I understand that test-riding or renting is a rugged recreational activity and that there are numerous obvious and non-obvious inherent risks always present in such activities despite all safety precautions. As such, related injuries can be severe or even deadly. Further, this inherent risk is not totally mitigated by either (1) the presence of an instructor or trainer or (2) by the use of a demonstration unit or rental that has been used for or is considered usable for the instruction of beginners. Test riding and rental accidents are common and, in fact, are virtually guaranteed to occur given enough tim. Test riding and rental accidents are even more common with beginners although expert RIDERS are still subject to considerable (sometimes fatal) danger from participation in this activity.
- RIDER RESPONSIBILITY: I understand that, notwithstanding the presence or participation of an instructor or trainer, the RIDER is in primary control of the demonstration unit The RIDER’S safety largely depends upon his or her ability to carry out simple instructions, and his or her ability to remain balanced aboard the moving demonstration unitl (which is not easy for beginners). The RIDER shall be responsible for his or her own safety and that of an unborn child if the RIDER is pregnant.
- CONDITIONS OF NATURE: Lyric Cycles Inc. is not responsible for total or partial acts, occurrences, or elements of nature that can cause damage. SOME EXAMPLES ARE: thunder, lightning, rain, wind, wild and domestic animals, insects, or reptiles which may walk, run, fly near, bite and/or sting a person. Further, Lyric Cycles Inc. is not responsible for irregular or obstructed footing on groomed or wild land (including indoor or outdoor arenas, walkways, docks, etc.) which is subject to constant change in condition according to use, weather, temperature, maintenance (or lack thereof) and natural and man-made changes in landscape. Further still, Lyric Cycles Inc. is not responsible for activities engaged in by others such as, but not limited to, hunters (shooting guns, for example), or vehicle drivers or occupants (honking horns, yelling, or throwing objects for example).
- INSPECTION OF PREMISES: I understand that RIDER has had either the opportunity to inspect or has actually inspected Lyric Cycles Inc. facilities and is satisfied that the premises are reasonably safe for RIDERS intended purpose, usage and presence.
- PROTECTIVE HEADGEAR WARNING: I agree that for myself and on behalf of my child and/or legal ward have been fully warned and advised by Lyric Cycles Inc. that protective headgear should be worn while riding and I do understand that the wearing of such headgear at these times may reduce the severity of some of the wearer's head injuries and possibly prevent the wearer's death from happening as the result of a fall and other occurrences.
- LIABILITY RELEASE: I agree that in consideration of Lyric Cycles Inc. allowing my participation in this activity under the terms set forth herein, I, the RIDER, for myself and on behalf of my child and/or legal ward or other parent, personal representatives or assigns, do agree to hold harmless, release, and discharge Lyric Cycles Inc., its owners, independent contractors, employees, owners of premises and trails (whether or not such premises or trails are owned by Lyric Cycles Inc., insurers and others acting on its behalf (hereinafter, collectively referred to as "Associates") of and from all claims, demands, causes of action and legal liability, whether your damage be known or unknown, anticipated or unanticipated due to Lyric Cycles Inc. and/or its Associate's ordinary negligence; and I do further agree that except in the event of Lyric Cycles Inc. gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against Lyric Cycles Inc. and its Associates as stated above in this clause, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of Lyric Cycles Inc., to include while test riding, renting, handling, or otherwise being near demonstration units or rentals owned by or in the care custody and control of Lyric Cycles Inc., whether on or off the premises of Lyric Cycles Inc.
- ATTORNEY'S FEES: Knowing this, anyone who nevertheless engages in and is hurt in this activity also agrees to indemnify Lyric Cycles Inc. and its Associates for all reasonable attorney’s fees and related costs incurred in defending themselves against any compensatory actions taken or threatened by the RIDER, the parents or guardians thereof, personal representatives or assigns, including all minor children, and parental representatives.
- PHOTOGRAPHY/VIDEOGRAPHY WAIVER: All RIDERs, parents or legal guardians legally consent and give full authorization and permission to Lyric Cycles Inc. to photograph and/or videograph myself and/or my child. I understand that these pictures will be used for projects and business related items such as: flyers, brochures, website, or any other advertising.
As much as we enjoy making our demonstration units available to various RIDERS (paying or otherwise), we respectfully request that if RIDER believes that a test-riding or rental-related personal injury or death (apart from Lyric Cycles Inc. willful and gross negligence) is justifiable grounds for shifting any part of the financial, emotional, and physical burdens of his or her injury (as onerous, regrettable, and/or tragic as they may be) back to Lyric Cycles Inc. or its Associates, then please do not participate in this activity with our demonstration units. Thank you.
All RIDERs and parents or legal guardians must sign below after reading this entire document: SIGNER STATEMENT OF AWARENESS I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK. WE FURTHER ATTEST THAT ALL FACTS RELATING TO THE APPLICANT ARE TRUE AND ACCURATE.