Assumption of Risk, Release, Indemnification, and Parental Consent Agreement By signing this waiver I HEREBY ASSUME ALL OF THE RISKS BE IT FOR MYSELF, MY SPOUSE, GUESTS, OR RELATIVES, including by way of example, but not limited to, any risks that may arise from negligence or fault on the part of the persons or entities being released, and or from dangerous or defective equipment or property owned, maintained, or controlled by them and or because of the improper use of such equipment, or because of their possible liability without fault. (A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, THE FOLLOWING ENTITIES OR PERSONS: Lovelo LLC, their officers, directors, employees, affiliates, volunteers, agents, independent contractors successors, and assigns. (B) I HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons described in this Waiver from any and all liabilities or claims made as a result of participation in this activity, whether caused by negligence or otherwise. I understand and agree that Lovelo LLC, their officers, directors, employees, affiliates, volunteers, agents, independent contractors’ successors, and assigns are NOT liable for the errors, omissions, acts, or failures to act of any party or entity acting on their behalf. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida, and venue for any legal proceeding or lawsuit relating to this RELEASE shall be in Dade County, Florida. I expressly acknowledge that this RELEASE is intended to be as broad and inclusive as permitted by the laws of the State of Florida. Any Disputes shall be resolved by final and binding individual arbitration, rather than in court, and without a jury. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules (available at www.adr.org), including the AAA’s Consumer Arbitration Rules. Arbitration costs and reasonable documented attorneys’ fees and costs of both parties shall be borne by the losing party. USE OF LOVELO EQUIPMENT AND FACILITIES Rental agreement: I accept full responsibility for the Equipment rented as part of the Lovelo LLC e-bike self guided tour, (the Equipment), and hereby agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date/time or if the Equipment is damaged by any reason and agree to report any problem, mechanical or otherwise, upon returning the equipment. I have checked and tested the Equipment with a Lovelo’s employee, including the brakes, lights and battery, before taking over the Equipment for the e-bike self-guided tour. I confirm that the Equipment is not damaged and that there is no mechanical or otherwise problem.
Equipment use: I am familiar with the proper use of the Equipment and its components, including but not limited to: brakes and gear shifters, speed/distance/battery monitor. I am aware that there are technicians available to answer any question that I may have as to the proper use of the Equipment.
Rules, Regulations and Schedules. Participant agrees to abide by the rules, regulations and schedules of Lovelo, which may be amended from time to time at Lovelo's sole discretion. At the sole discretion of Lovelo, Participant's access may be revoked or suspended at any time if in the judgment of Lovelo(a) Participant consistently fails to observe the Rules and Regulations; (b) Participant has otherwise behaved in a manner contrary to the best interests of Lovelo or any of Lovelo's members or employees; (c) or Participant has instituted any type of legal action against Lovelo, including but not limited to civil actions, arbitrations and/or mediations. ADDITIONAL NOTICES & CONSENT Loss of Property. Lovelo shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, during the use of Lovelo’s Equipment and facilities. Marketing and Contact Consent. By signing below, you verify that your correct mobile phone number is set forth above and that you consent to be contacted by Lovelo and Lovelo LLC, their affiliates, and other franchisees and their authorized designees, through email, telephone, text message, or by other means, some of which may be from an automated service. Lovelo will use this information to share upcoming events, specials, updates, and for other business purposes that Lovelo and Lovelo, LLC believe may be of interest to you. Media Usage and Image Consent: By signing below, you give your unconditional permission and authority for Lovelo and Lovelo, LLC (along with their affiliates, and their respective officers, directors, owners, employees and representatives), except where prohibited by law, to use your name, likeness, picture, voice, biographical information, and written or oral statements, acquired while you are participating in Lovelo activities for marketing and advertising purposes in promoting or publicizing the “Lovelo” brands and the systems connected therewith, and/or any other legitimate purposes, without compensation, unless required by law. You shall have no right of approval, no claim to compensation, and no claim arising out of any use or alteration of such materials. GENERAL PROVISIONS Description of Services and Hours of Access. Lovelo reserves the right to revise its list of available Equipment and services at any time for any reason. Please see the Lovelo website for a schedule of e-bike self guided tours and hours of access. Missed Reservation. We require a minimum of twenty-four (24) hours notice of cancellation. If you do not cancel your reservation at least twenty-four (24) hours before the e-bike self guided tour, you will not receive a refund nor can that missed reservation be applied to future reservation. Lovelo, LLC could cancel reservation at anytime with a 100% refund, due to weather conditions or other emergency. Minimum Height Requirement. The minimum height for Lovelo participation is 4’11”. Entire Agreement. This Agreement, and all rules and regulations of Lovelo, as revised from time to time, constitute the entire and exclusive agreement between Lovelo and Participant, and supersede all prior written and/or oral promises, representations, understandings and/or agreements. Participant acknowledges and understands that
employees at Lovelo facilities are not authorized to make any verbal changes, additions or modifications to this Agreement. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS RELEASE OF LIABILITY AND ACCIDENT WAIVER AND I SIGN IT OF MY OWN FREE WILL. By signing this Agreement manually or electronically, I agree that I have read and understand and agree to comply in full with the terms and conditions listed in this Waiver. I acknowledge and agree that I understand that I may print a copy of this agreement and that I will receive a copy by email at the email address I have provided.
MINOR RELEASE AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF BICYCLING ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. | 