SAFETY PRECAUTIONS & WAIVER
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
CFMOTO POWERSPORTS, INC.
I am over the age of 18, and agree to be bound by the following terms of this Waiver, Release of Liability and Indemnity Agreement ("Agreement").
1. I know and acknowledge that operating a Motorcycle, Scooter, or any other vehicle or machine (collectively "Recreational Vehicle") distributed by CFMOTO Powersports, Inc. ("CFMOTO") can be a dangerous activity that can result in serious personal injury or death.
2. I understand and agree that CFMOTO grants me permission to operate its Recreational Vehicle on the condition that I read and abide by the following Safety Precautions:
- Read the Manual and all product labels before operating.
- Conduct a pre-ride check to ensure proper tire pressure, brakes, throttle control
and safety equipment.
- Always wear a helmet, eye protection, over-the-ankle boots, long pants
and long sleeve shirts while operating.
- Passengers are allowed with additional waiver signing.
- Never operate under the influence of alcohol or drugs.
- Never engage in stunt maneuvers, aggressive driving, excessive speed, or sharp
turns all of which can increase the risk of a crash or vehicle tip-over and injury or death.
3. I understand and acknowledge that CFMOTO is granting me permission to operate its Recreational Vehicle. I understand and acknowledge that I am not authorized to and will not permit anyone else to operate the Recreational Vehicle while it is in my possession. Should I violate this Agreement, I acknowledge that I will be solely responsible for any injury or damage caused by such unauthorized use.
4. I understand and acknowledge that there are natural, mechanical and environmental conditions and risks which independently or in combination with my actions or inaction may cause injury or death to me or to others, as well as property damage.
5. BEING FULLY AWARE OF, UNDERSTANDING AND ASSUMING the risks, conditions and
hazards of the use of this Recreational Vehicle, and in consideration of the permission to use this Recreational Vehicle, I HEREBY WAIVE, RELEASE AND DISCHARGE CFMOTO Powersports, Inc. and all of its parents, affiliates, employees, agents, distributors, dealers, successors and assigns from liability for any injury or damage suffered by me, my spouse, heirs, or next of kin as a result of or related to my use of the Recreational Vehicle.
I ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS CFMOTO Powersports, Inc.
and all of its parents, affiliates, employees, agents, distributors, dealers, successors and assigns, for any claims, litigation or legal actions arising from any injury or damage caused as a result of my use of the Recreational Vehicle.
6. I understand and acknowledge that I am responsible for any damages caused to the Recreational Vehicle while it is in my possession, and I agree to reimburse CFMOTO Powersports, Inc. for such damage.
7. This Agreement is the entire agreement between me and CFMOTO Powersports, Inc. regarding the use of its Recreational Vehicle. This Agreement may not be modified or altered except by a subsequent writing signed by both parties.
8. This Agreement shall be governed and construed exclusively by the laws of the state of Minnesota, and I consent to the jurisdiction of any state or federal court located within the county of Hennepin.
I HAVE READ AND UNDERSTAND AND AGREE TO THIS WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT.
I HAVE READ AND UNDERSTAND THE SAFETY PRECAUTIONS IN THIS AGREEMENT AND THE SAFETY LABELS ON THE RECREATIONAL VEHICLE.
I UNDERSTAND THAT SEVERE INJURY OR DEATH MAY RESULT FROM IGNORING THESE SAFETY PRECAUTIONS AND SAFETY LABELS.