This Waiver and Release Agreement (the “Agreement”) is a legally binding Agreement by and between the
Blended Pedaler (hereinafter “OWNER”) and the undersigned Participant as stated below:
Participant acknowledges that certain inherent risks and dangers may arise during outdoor activities, including but not limited to the operation of vehicles such as bicycles and e-bikes (collectively the “Outdoor Activities”). Participant acknowledges that these risks may cause or result in injury to person or property and possibly disfigurement or death during participation in the Outdoor Activities. At no time does the OWNER require a Participant to participate in Outdoor Activities, and Participant acknowledges and agrees that Participant’s participation in these Outdoor Activities is voluntary and undertaken by Participant at his/her election. If at any time a Participant is uncomfortable in participating in the Outdoor Activities, Participant may elect to not participate in such activity.
Participant assumes all risks and responsibilities for injury related in any way to participation in any Outdoor Activity. As a condition of participation in Outdoor Activities, Participant forever releases and discharges OWNER and their employees, volunteers, family members, associates, representatives and agents (collectively the “Released Parties”), from any and all liability, claims or causes of action, in both equity or at law, for injury to person or property that may arise from participation or attendance at any Outdoor Activity, including but not limited to claims arising from ordinary negligence, gross negligence, intentional acts, mistake, act, failure to act, omission, failure to supervise or any other claim of any type or nature. Furthermore, Participant agrees to hold harmless and indemnify OWNER together with their employees, volunteers, family members, associates, representatives and agents, (collectively the “Indemnified Parties”), from any and all losses, claims, actions, lawsuits, costs or expenses including but not limited to damage to property, medical expenses, liens, judgments, court costs and all attorney’s fees arising from any injury to person or property (including disfigurement or death) asserted by Participant arising out of or in connection with any Outdoor Activity, including but not limited to claims arising acts by either OWNER, the Indemnified Parties, the Released Parties, or Participant from ordinary negligence, gross negligence, intentional acts, mistake, act, failure to act, omission, failure to supervise or any other claim of any type or nature.
Participant agrees and acknowledges that OWNER may retain Participant’s credit card information or other source of funding for purposes of reimbursement for loss or damage to OWNER’s property. In addition, Participant agrees and acknowledges that OWNER may collect a reasonable fee for processing these charges, as well as repair to or replacement of the property.
This Agreement shall be binding upon the Participant as well as the Participant’s heirs, executors, administrators, personal representatives and assigns. If any portion of this Agreement is deemed, by a court of competent jurisdiction, to be void or unenforceable, the remaining provisions shall be enforced to the full extent allowed as if the particular void or unenforceable provisions were not herein contained.
If the Participant is under eighteen (18) years of age, Participant’s parent(s) execution of this Agreement constitutes his/her/their consent to be bound by the terms of the same, including the release, hold harmless and indemnification provisions.
WARNING: THIS WAIVER AND RELEASE ACTS AS A RELEASE OF YOUR RIGHTS. BY EXECUTION OF THIS AGREEMENT, YOU ARE AFFIRMING THAT YOU HAVE READ THIS DOCUMENT AND AGREE TO THE CONDITIONS STATED HEREIN. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, YOU MAY WISH TO CONSULT AN ATTORNEY OF YOUR CHOICE.
Rules of Enjoyment:
Must wear a helmet at ALL times * Do NOT leave bike unattended * E-Bikes are NOT allowed on sidewalks * Use hand signals when turning on a public road * Do not use throtlle for full ride, must alternate and use the pedal assist option or as a regular bike. Using the throttle assist option will drain the battery quickly and will shorten your enjoyment time. * Must abide by all state and local laws i.e crosswalk, stop signs, yield signs, etc.
Date: December 7, 2022