The New Wheel Test Ride Participant Notice, Agreement, Waiver and Release
1. While test-driving and operating electric bicycles at “The New Wheel, Inc.” you must be 16 years of age or older, have a valid driver’s license or state issued ID and wear an ANSI approved and properly fitted protective head gear. You represent and certify that you are appropriately licensed and have adequate insurance to cover any injury or damage you may suffer or cause while test riding at “The New Wheel, Inc.” As the rider of the electric bicycle, you are responsible for your actions. You agree not to operate the electric bicycle negligently, recklessly or in any manner contrary to applicable laws. You assume complete responsibility for all risks and for injures, death and/or property damage that may occur as a result of test-riding and operating dealer provided electric bicycles at “The New Wheel, Inc.”
2. IN CONSIDERATION OF PARTICIPATING IN THE NEW WHEEL’S
TEST RIDE BY RIDING ONE OR MORE ELECTRIC BICYCLES, I
HEREBY ENTER INTO THIS ASSUMPTION OF RISK, WAIVER OF
CLAIMS AND INDEMNITY AGREEMENT VOLUNTARILY AND WITH FULL AND COMPLETE UNDERSTANDING. I ACKNOWLEDGE, AGREE AND REPRESENT that I am 16 years old or older, possess a valid driver’s license or state issued ID and understand and accept any and all risks, dangers and hazards including death presented by my participation in test riding at “The New Wheel, Inc.” I am participating in these activities freely and voluntarily, and ASSUME ALL RISK OF HARM AND INJURY INCLUDING DEATH to myself, and others, as well as to the property of others, which may result from my participation.
3. I UNDERSTAND THAT I AM SOLEY RESPONSIBLE FOR AND AGREE
TO FULLY PAY FOR ANY DAMAGES OR INJURY that I may cause during my participation in test riding at “The New Wheel, Inc.” I hereby agree to defend, indemnify and hold harmless, RELEASE AND FOREVER DISCHARGE “The New Wheel, Inc.”, its owners, officers, directors, employees, contractors, members, agents, volunteers, landlords, tenants, sponsors, advertisers, and any other entity or person acting on their behalf, from any and all claims, actions, causes of action, demands, losses or liabilities of whatever kind and nature and without limitation, including, but not limited to, claims of property damage and bodily injury of all kinds (including third-party claims), judgments, interest, attorneys’ fees, and all other costs and losses, which may arise from, or are in any fashion related to, my participation in test riding at “The New Wheel, Inc.”
4. In the event of any dispute with "The New Wheel, Inc." and its owners or agents that remains unresolved, I agree to voluntarily participate in non-binding mediation with a neutral professional mediator selected and paid equally by both sides. In the event that mediation is unsuccessful, I agree to then participate in binding arbitration with a neutral professional arbitrator selected and paid equally by both sides, who shall not be empowered to award attorney’s fees, costs, and reimbursement of arbitrator compensation to the prevailing party. I agree to waive my right to a jury trial and/or a court trial by consenting to arbitration. Please initial as approved: