RAD 2.0 Corp.
MOTORCYCLE RENTAL AGREEMENT
ASSUMPTION OF RISK; RELEASE AND WAIVER OF LIABILITY; INDEMNIFICATION
Please read carefully before signing:
IN CONSIDERATION for being permitted to use and/or operate a Rad 2.0 Corp. rental vehicle, I, for my successors, heirs, next of kin, executors, administrators, assigns, and anyone else acting on my behalf, hereby:
1. ACKNOWLEDGE AND UNDERSTAND that motorcycle riding is a hazardous activity and entails known and unanticipated risks which could result in physical or emotional injury, permanent disability, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated by Rad 2.0 Corp. without jeopardizing the essential qualities of this activity.
2. REPRESENT AND WARRANT that I understand all the risks involved in motorcycle riding; that I am not relying on any oral or written representations or statements made with respect to the safety of motorcycle riding, other than what is set forth in this Agreement; that I will wear protective riding gear, including a DOT approved helmet, goggles, long sleeve shirt, long pants, boots, and gloves, at all times when participating in any riding activity; that I am in good health and have no physical condition that would restrict or prevent me from participation in any riding activity; that I shall inspect the motorcycle before participating in any riding activity according to customary duties and the owner’s manual (available upon request); that if I believe conditions to be unsafe, I will immediately discontinue further participation in any riding activity; and that I choose to operate and/or use a Rad 2.0 Corp vehicle out of my own free will and choice.
3. AGREE TO ASSUME ALL RISKS OF, AND FULL RESPONSIBILITY FOR, ANY AND ALL PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, whether known or unknown, arising directly or indirectly out of or relating to my operation and/or use of a Rad 2.0 rental vehicle to the fullest extent of the law. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
4. AGREE TO RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES from any and all claims, actions, proceedings, costs, damages, losses, demands, liabilities, expenses including attorney's fees, and causes of action of any and every kind that I or my successors, heirs, next of kin, executors, administrators, assigns, and anyone else acting on my behalf, may have, or hereafter accrue against the RELEASED PARTIES, arising directly or indirectly out of, in any way connected with, or resulting from my participation in this activity or my use of the rental equipment, including without limitation the possession, use, operation, or return of the equipment, including any such claims which allege negligent acts or omissions on the part of Rad 2.0 Corp.
5. CERTIFY THAT I HAVE ADEQUATE INSURANCE to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I understand and agree that any insurance coverage I maintain, whether liability, casualty, personal or health, shall constitute the primary coverage in the event of any loss, injury, death or damage to person or property while using or operating Rad 2.0 Corp equipment. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.
HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUMES ALL RISK, RESPONSIBILITY AND LIABILITY FOR: (a) OPERATION AND POSSESSION OF THE RENTAL PROPERTY; (b) ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY, DUE TO OPERATION OR POSSESSION OF THE RENTAL PROPERTY; AND (c) ANY NEGLIGENCE OF RAD 2.0 CORP., ITS AGENTS, EMPLOYEES, OFFICERS, PARTNERS, PARENT COMPANY, SUCCESSORS AND/OR ASSIGNS.
I, the undersigned lessee, by my signature below, hereby represent, warrant, and affirm that: (a) I am mentally competent to enter into this Agreement; (b) I have carefully read this Agreement and fully understand all terms, conditions, and provisions herein; (c) I understand that I am legally bound by this Agreement; and (d) I am assuming all liability for possession and operation of the rental property and I assume all such risk and liability voluntarily, intelligently, and knowingly.
Today's Date:December 6, 2023