Loading...

RELEASE OF LIABILITY FOR TEST RIDES & USE OF LIKENESS

Please READ CAREFULLY - THIS IS A LEGAL AGREEMENT

In exchange for participation in the test drive or test riding (“test drive”) of an Electric Bicycle and/or PEMV as offered by Beachman Motor Company Ltd. o/a Beachman Bikes (“Beachman Bikes”) and/or use of the property, facilities and services of Beachman Bikes and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, I agree on behalf of myself and (if applicable) as legal guardian on behalf of any person who is not of legal age as follows:

1. AGREEMENT TO FOLLOW DIRECTIONS

I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Beachman Bikes, its employees, representatives or agents.

I also agree to watch any and all safety training videos or review other training materials provided to me by Beachman Bikes in full and with my full undivided attention.

2. ASSUMPTION OF THE RISKS AND RELEASE OF LIABILITY

I acknowledge that the test drive involves inherent risks to myself and to others and I assume full responsibility for my actions and for any personal injury or death that I or others may suffer or experience as a result of the test drive.

I CONFIRM THAT I AM UNDERTAKING THE TEST DRIVE UNDER MY OWN FREE-WILL AND I ASSUME ALL RISK AND RESPONSIBILITY FOR ANY DAMAGES, INJURIES, DEATH OR OTHER HEALTH RELATED INJURIES OR CONDITIONS WHICH I MAY INCUR OR SUFFER FROM OR OTHERWISE AS A RESULT OF THE TEST DRIVE. I HEREBY IRREVOCABLY RELEASE AND WAIVE ANY CLAIMS, LOSSES, EXPENSES, FEES, CAUSES OF ACTIONS, OR LIABILITIES WHICH I MAY NOW HAVE OR HEREAFTER HAVE AGAINST BEACHMAN BIKES AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND PERMITTED ASSIGNS OR PERSONAL REPRESENTATIVES (COLLECTIVELY THE “RELEASED PARTIES”) DUE TO OR ARISING IN ANY WAY OUT OF THE TEST DRIVE.

I ACKNOWLEDGE AND AGREE THAT IN SIGNING THIS RELEASE OF LIABILITY THAT THE RELEASED PARTIES SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION TO THE TEST DRIVE, WHETHER BASED ON CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OTHER TORT, OR OTHERWISE, WHETHER IN EQUITY OR IN LAW, AND REGARDLESS OF WHETHER ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


3. INDEMNIFICATION

I agree to indemnify, defend and save harmless Beachman Bikes and its directors, officers, employees, agents, affiliates, successors and permitted assigns or personal representatives (collectively the “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, other associated fees and costs of enforcing any right to indemnification under this agreement and the costs of pursuing any insurance providers, relating to any claim of a third party arising out of or occurring with:

a. the test drive;

b. any alleged violation by me of any applicable law, regulation, rule, code, order or standard that is imposed by any applicable federal, provincial or local government authority;

c. any dishonest, negligent or fraudulent act or omission committed by me; or

d. any alleged breach of this agreement.

4. FEES

I agree to pay for all damages that may be suffered to the property or facilities of Beachman Bikes caused by any negligent, reckless, or willful actions by me or anyone in my party.

5. CONSENT FOR PARENTS OF MINORS (Complete only if requested in the next section)

6. MEDICAL AUTHORIZATION

In the event of an injury to the above minor during the test drive, and only if I cannot be reached immediately by telephone or in person, I give my permission to Beachman Bikes to arrange for all necessary medical treatment for which I shall be financially responsible.

7. NO DURESS

I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Beachman Bikes has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

8. SEVERABILITY & AMENDMENTS

The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. No amendment to this agreement is effective unless it is in writing and signed by an authorized representative of each party.

9. GOVERNING LAW

This agreement shall be governed and construed in accordance with the law of the Province of Ontario and the federal laws of Canada applicable therein.

10. DISPUTE RESOLUTION

The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations amongst the parties, in good faith. If the parties fail to resolve the dispute within sixty (60) days after the dispute has arisen, then the dispute shall be referred to and finally resolved by arbitration pursuant to the provisions of the Arbitration Act, 1991, S.O. 1991, c.17, as amended. The place of arbitration shall be Toronto, Ontario. There shall be one (1) arbitrator and there shall be no appeal from the decisions of the arbitrator on questions of fact, law, or mixed fact and law.

11. CONSENT FOR USE OF PICTURES AND VIDEOS

I understand that during the test drive Beachman Bikes may offer to capture photographs, images, videos, other similar image capturing form or method, of me or my minor child, as the case may be, as well as quotes and my name for marketing purposes (the “Promotional Material”). I hereby authorize and give Beachman Bikes the absolute and irrevocable rights to take and use the Promotional Material. I acknowledge and agree that Beachman Bikes may, at its sole discretion, modify the Promotional Material and may incorporate and use all or part of the Promotional Material in video, audio, online, social media, print ads, still photographs, catalogs, packaging and package inserts and all other forms of media and may reproduce, exhibit, broadcast, transmit and distribute advertising containing the Promotional Material by any means, media and channels of distribution. I consent to all uses of the Promotional Material and hereby waive any and all rights in respect to the Promotional Material including any rights to inspect or approve the advertising of the Promotional Material or the manner in which it is used.

Participant Signature OR Guardian Signature (if applicable):

Date: December 23, 2024

First Purchaser's Name

First Name*

Last Name*
First Purchaser's Age Acknowledgment*
First Purchaser's Date of Birth*
I certify that I am 18 years of age or older
First Purchaser's Signature*
Second Purchaser's Name

First Name*

Last Name*
Second Purchaser's Date of Birth*
Third Purchaser's Name

First Name*

Last Name*
Third Purchaser's Date of Birth*
Fourth Purchaser's Name

First Name*

Last Name*
Fourth Purchaser's Date of Birth*
Fifth Purchaser's Name

First Name*

Last Name*
Fifth Purchaser's Date of Birth*
Sixth Purchaser's Name

First Name*

Last Name*
Sixth Purchaser's Date of Birth*
Seventh Purchaser's Name

First Name*

Last Name*
Seventh Purchaser's Date of Birth*
Eighth Purchaser's Name

First Name*

Last Name*
Eighth Purchaser's Date of Birth*
Ninth Purchaser's Name

First Name*

Last Name*
Ninth Purchaser's Date of Birth*
Tenth Purchaser's Name

First Name*

Last Name*
Tenth Purchaser's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.

I am the Parent or Legal Guardian of the Minor(s) named above and hereby consent to the participation of my minor child in the test drive and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release ofLiability, I represent that I have legal authority over and custody of this minor child.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!