I Agree I understand that my consent to these provisions is given in consideration of the acceptance of this registration and for being permitted to partake in a motorized vehicle (Two-wheeled vehicle, Motor-driven cycle, motorcycle or Scooter) rental. I hereby make the following covenants, promises and representations to DMV Scooter Rental, all company sponsors and affiliates, staff, agents, representatives and, and all other persons or entities associated with this rental(hereinafter referred to as “Releases”).
I Agree I am a voluntary participant in this rental. I am at least 21 years of age and have a current motor vehicle driver’s license with a proper California M1 motorcycle permit which has not been revoked, suspended or has expired. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my abilities to safely operate a motorized vehicle. I Agree I understand that The DMV Scooter Rental Service is NOT for novice riders or those learning how to operate a motorized two-wheeled vehicle, that staff will verify my riding competence before finalizing the rental and have the full discretion to deny my reservation or rental at any time if deemed not a competent, safe rider.
I Agree I attest that I am NOT a beginning rider, NOVICE rider, or using this service to learn how to ride a motorized vehicle.
I Agree I agree that only the person who rented the motorized vehicle can operate the vehicle.
I Agree I Accept ALL financial responsibility for any traffic violations I commit while operating the motorized vehicle.
I Agree I agree to exercise an overabundance of care while riding and to observe and obey all traffic laws and safety rules, especially the following: NO speeding, NO transporting of passengers, NO riding on a Freeway, NO riding at night, and will always properly wear a SNELL/DOT approved motorcycle helmet. I also agree to wear gloves, shoes, long pants and long sleeves while operating the vehicle.
I Agree I am aware that it is my sole responsibility to keep the motorized vehicle in control at all times, to select proper safe speeds for the conditions of travel and for my skill level, to adhere to all the traffic laws and accept responsibility for any accidents or damage I cause.
I Agree I am not currently taking any pharmaceutical products or other drugs which may impair my ability to ride and will not ingest any alcoholic beverages prior to or while driving or riding.
I Agree I understand that all monies paid for this rental are non-refundable and non-transferable once the rental starts.
I Agree I understand that my rental deposit can be withheld for damages caused during the rental or to cover any traffic violation that took place while renting the motorized vehicle.
I Agree I ACKNOWLEDGE THAT RENTING A MOTORIZED VEHICLE ( TW0-WHEELED VEHICLE, MOTOR-DRIVEN CYCLE, MOTORCYCLE OR SCOOTER) AND OPERATING THE MOTORIZED VEHICLE IS A POTENTIALLY DANGEROUS AND HAZARDOUS ACTIVITY, AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED. FURTHERMORE, I ACKNOWLEDGE THAT OPERATING A MOTORIZED VEHICLE MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY AND PROPERTY LOSS. THE RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO, THOSE CAUSED BY TERRAIN, FACILITIES, TEMPERATURE, WEATHER, VEHICULAR TRAFFIC, THE CONDITION OF THE ROADS, ACTIONS OF OTHER PEOPLE, MOTORISTS, INADAMENT OBJECTS AND EVEN ANIMALS. I HEREBY AGREE TO ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH, WHICH MAY OCCUR DURING MY RENTAL AND USE OF VEHICLE. I HEREBY RELEASE, HOLD HARMLESS AND COVENANT NOT TO FILE SUIT AGAINST DMV SCOOTER RENTAL, STAFF OR ANY ASSOCIATES FOR ANY LOSS, LIABILITY OR CLAIMS THAT MAY HAVE ARISE OUT OF MY PARTICIPATION IN THIS MOTORIZED VEHICLE RENTAL, INCLUDING BODILY INJURY, PROPERTY DAMAGE OR DEATH SUFFERED BY ME OR OTHERS, WHETHER THE SAME BE CAUSED BY THE NEGLIGENCE OF OTHERS. I ALSO UNDERSTAND THIS APPLIES TO MY EXECUTORS, ADMINISTRATORS, HEIRS OR NEXT OF KIN, AND SUCCESSORS. THE ACCIDENT WAIVER AND RELEASE OF LIABILITY SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. I Agree PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of DMV Scooter Rental, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "DMVSR"), I hereby agree to release, indemnify, and discharge DMVSR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation in Scooter Riding activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slipping and falling; accidents involving vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the scooter; falls from the scooter; accidents can occur getting on or off; I can be jolted, jarred and bounced during ride; major injuries are a risk as are bruises, abrasions, sprains, strains, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; further, passengers can be thrown off the scooter which can result in any of the above events occurring; collisions, and flipping over; the machine itself may fail; the negligence of other participants, spectators, or persons who may be present; damage to equipment or personal injury; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; condition of roads, terrain, or highways and accidents connected with their use; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; transmissible pathogen or disease ; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity. Furthermore, DMVSR personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DMVSR from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of DMVSR’s equipment or facilities, including any such claims which allege negligent acts or omissions of DMVSR. 4. Should DMVSR or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. I 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 further certify that I am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against DMVSR, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 7. The undersigned waives the protection afforded by any statue or law in jurisdiction whose purpose, substance, cause and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this release. This means, in part, that the undersigned is releasing unknown future claims and specifically waives the provisions of California Civil Code Section 1542 which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect exist in his or her favor at the time of the executing the release and that, if know by him or her, would have materially affected his or her settlement with the debtor or released party. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against DMVSR on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at DMVSR. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.Additional Terms and Conditions: I. Photos and videos taken of me during my rental by DMV Scooter Rental personnel may be used wholly or in part in magazines, books, calendars, social media, portfolios, exhibitions, trade shows, and for Internet, editorial, marketing and advertising use. The photographs and videos may be used to represent an imaginary person and any wording associates will not be attributed to me personally unless my name is used. I acknowledge that I give up all claims of ownership, income, editorial control and use of the resulting photographs and videos unless a valid licensing agreement has been purchased from DMV Scooter Rental. Use of the photographs and videos may be granted to third parties; however the photographs and videos will remain the property of DMV Scooter Rental. II. Releasee expressly agrees that this release is intended to be as broad and inclusive as possible as permitted by the laws of California and that if any portion thereof is to be held invalid, it is agreed that the balance shall notwithstanding continue in full force and effect. Further, this release and all agreements, contracts, etc. with DMV Scooter Rental shall be governed by the laws of the State of California, United States. III. I have read the Release and Waiver of Liability, fully understand all of its terms, and have signed it freely and voluntarily without inducement. I intend by my signature for this Release and Waiver of Liability to be a complete and unconditional release of all liability to the greatest extent allowed by law. I also understand and agree that this Release and Waiver of Liability shall be binding on my heirs, successors and assigns. By signing my name, I reassert that I have read, understood and accepted the entirety of this Waiver of Liability, Assumption of Risk & Indemnity document and conditions of rental.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
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