MOKE Liability Waiver

The lessee, as that term is defined below accepts and agrees to all of the following terms and conditions in favor of Adventure OC, as a condition of Lessee leasing, and any use of, a MOKE electric Low Speed Vehicle (Vehicle).​

Lessee represents and warrants that Lessee: (i) has either viewed the Vehicle Operation Video, read the Vehicle New User operating procedures, or has received proper use instructions from Lessor representatives (or a combination of such); and (ii) has otherwise become familiar with how to properly operate and use the Vehicle.

Lessee has leased the Vehicle for the sole purpose of using the Vehicle and assumes full responsibility and all liability for use of the Vehicle by Lessee. No one other than Lessee is permitted to operate the Vehicle. Lessee will not allow any other person to operate the Vehicle for any reason. Lessee agrees to follow the instructions and training provided to Lessee regarding operation of the Vehicle and to operate the Vehicle in a prudent and safety conscious manner. Lessee acknowledges they are to be the only Vehicle driver.

Before operating the Vehicle, Lessee agrees to examine and inspect its safety and mechanical condition and to report to Lessor personnel any concerns, issues or problems prior to riding or operating the Vehicle. Lessee’s use or operation of Vehicle will constitute Lessee’s acknowledgement that Lessee, prior to operating the Vehicle, inspected the Vehicle and found the Vehicle to be in first class condition (with any exception noted in writing and signed by representative prior to use). Lessee agrees to return the Vehicle to the same location as it was provided to Lessee and in as good condition as Lessee received it. Lessee agrees to pay for any damage to the Vehicle and authorizes Adventure OC to charge Lessee’s credit card for same.

Even though the Vehicle has safety systems, there is significant elements of risk including but not limited to catastrophic injuries, paralysis or death. As such, Lessee should be caution while driving the Vehicle up hills as the speed of the Vehicle decreases. Lessee has been informed of and understands the dangers and risks of using the Vehicle. Lessee understands and agrees that it is Lessee’s responsibility to assess the hazards presented by Lessee’s use of the Vehicle and further agrees that Lessee is the ultimate judge as to whether Lessee can safely use the Vehicle without harming Lessee or others. Lessee voluntarily accepts the risks of using the Vehicle.

Lessee is responsible for assess the hazards presented by Lessee’s use of the Vehicle and is the ultimate judge as to whether Lessee can safely operate the Vehicle.

Lessee agrees to operate the Vehicle, in a careful and cautious manner that minimizes risks of injury or damage. Lessee is responsible for and must familiarize himself/herself with proper operation of the Vehicle prior to operating or riding it. Lessee agrees to operate the Vehicle safely and responsibly and to adhere to all traffic rules and regulations. Lessee agrees not to operate the Vehicle in a reckless manner (speeding, etc.) or in a manner that causes (or is likely to cause) injury or damage to: (i) Lessee (ii) any other person; (iii) the property of Lessee or others; or (iv) the Vehicle. Without limitation, Lessee agrees and acknowledges that Lessee is legally and financially responsible, regardless of fault, for any theft or loss of the Vehicle or any loss, damage, and/or injury to Lessee, any other person, the property of Lessee or others, or the Vehicle which occurs from or as a result of use of the Vehicle or otherwise occurs while the Vehicle is under Lessee’s possession or control. Lessee agrees that Lessee will be responsible for all moving and/or parking violations issued with respect to the Vehicle.

Lessee agrees that Lessee will not operate the Vehicle, while under the influence of alcohol or any illicit, controlled or restricted substance or intoxicant.

Course may, in its sole discretion, revoke the privilege of using the Vehicle immediately and without notice if Lessor determines that Lessee has violated any of the terms of this Agreement. Lessee further agrees that Lessee shall not be entitled to return of any rental amount or deposit if Lessee’s privilege of using the Vehicle is revoked.

To the fullest extent permitted by applicable law, Lessee releases the Parties, and each of their present and future successors, assigns, directors, officers, members, managers, employees, agents, representatives and other personnel (collectively, the “Additional Released Parties”), from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, whether known or unknown and whether or not foreseeable, including, without limitation, those for or relating to bodily injury, property damage or loss of life that in any way relates to, results from or arises out of the Vehicle or its use. This release applies to any claim for property damage, bodily injury or death, even if caused by negligence. In addition to (and not in limitation of) the above release, and to the maximum extent permitted by applicable law) neither the Parties or the Additional Released Parties will be liable to Lessee under any cause of action, whether in contract, tort, or otherwise, for any indirect, special, incidental, consequential, or punitive damages, even if advised of the possibility of such damages.

User will defend, hold harmless and indemnify the Parties and the Additional Released Parties from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, whether suffered directly or from a third-party claim, whether known or unknown and whether or not foreseeable, including but not limited to reasonable attorneys’ fees, that result from, relate to or arise out of the Vehicle or its use, specifically including, without limitation, when the Vehicle is out of the direct possession, custody or control. Without limitation, the foregoing indemnity extends to and includes all claims for, relating to or resulting from (i) injuries or death to any person (including, without limitation Lessee); and (ii) damage to the Vehicle or any other property.

California law, which governs this Agreement, or the law of another jurisdiction that may be determined to apply to this Agreement, may not allow the exclusion or limitation of incidental or consequential damages, which may prevent portions of the release of claims, limitation of liability and indemnity from applying to Lessee. This Agreement shall be governed by the laws of the State of California, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement.

If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement will not be impaired.

Lessee agrees to immediately notify Lessor personnel if Lessee has any questions or if any damage or injury occurs. If any damage or injury occurs to Lessee, any other person, Lessee’s property, the property of others or the Vehicle, Lessee will provide any and all information requested by the Course and or the Parties related to the completion of a detailed incident report, as well as sign such incident report upon request after verifying its accuracy.

The Vehicle is a motorized vehicle. As with any motorized vehicle, use of the Vehicle, by its very nature, involves certain inherent risks that cannot be eliminated regardless of care taken to avoid injuries. Risks of using the Vehicle may vary between locations and individuals, but include occurrences such as collisions, or other incidents that could result in property damage and injuries ranging from minor injuries to major and catastrophic injuries such as head trauma, brain damage, paralysis and even death. Lessee understands and agrees that they are personally responsible for assessing the hazards of using the Vehicle and that Lessee is the ultimate judge as to whether User should use the Vehicle. Lessee voluntarily accepts all risks of using the Vehicle.

This Agreement is binding on User, if applicable, User’s and all of their respective heirs, personal representatives, successors, and permitted assigns, and will inure to their benefit and to the Parties and the Additional Released Parties (who are all third party beneficiaries of this Agreement).

The language in this Agreement shall be construed (a) according to its fair meaning and not strictly for or against any person, and (b) without regard for who was responsible for drafting it; (i) the term “person” means any natural person, partnership, corporation, limited liability company or other type of entity; (ii) neither the Parties nor any of the Additional Released Parties is responsible for the obligations or liabilities of any third party.

This Agreement is the entire understanding of the parties regarding the subject matter of this Agreement; and this Agreement may be amended only by a written document signed by the person against whom enforcement of the amendment is sought. - No representative of the Parties has authority to make any representation, promise or agreement that differs from this Agreement except in a written amendment to this Agreement signed by the party against which enforcement is sought.

LESSEE UNDERSTANDS THAT THIS AGREEMENT WAIVES SUBSTANTIAL LEGAL RIGHTS AND HAS CAREFULLY READ THIS ENTIRE AGREEMENT, INCLUDING, WITHOUT LIMITATION, ITS ASSUMPTION OF RISKS AND RELEASE OF CLAIMS, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS. LESSEE ACCEPTS AND AGREES TO THIS AGREEMENT FREELY AND VOLUNTARILY WITH THE INTENT OF BEING LEGALLY BOUND BY IT. IF I AM ACCEPTING FOR A MINOR, I AGREE THAT I AM PERSONALLY BINDING MYSELF AND THE MINOR (BOTH THE ACCEPTING ADULT AND MINOR WILL DEFINED AS LESSEE HERE IN), TO THIS AGREEMENT ON A JOINT AND SEVERAL BASIS AND AM SUBJECT, AS WELL AS MINOR, TO AND BOUND BY THE RELEASE OF CLAIMS, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS STATED ABOVE.

HAVE CAREFULLY READ THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ASSUMPTION OF RISK, RELEASE OF CLAIMS, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS SET FORTH ABOVE. I FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE COURSE, ADVENTURE OC AND THE ADDITIONAL RELEASED PARTIES.

ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY. I INTEND BY MY SIGNATURE TO BE LEGALLY BOUND TO THE TERMS OF THIS AGREEMENT AND FOR THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ADVENTURE OC AND THE ADDITIONAL RELEASED PARTIES FROM ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. I HEREBY ASSERT THAT MY USE OF THE VEHICLE IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL RISKS INCIDENT TO USING THE VEHICLE. MY SIGNATURE BELOW CREATES A BINDING CONTRACTUAL OBLIGATION.

Must Be 21+ Years Old