LIABILITY WAIVER
I recognize that there are risks and dangers inherent in using an electric bike. Knowing of the inherent risks (such as, but not limited to, equipment failure, hazards of the road, traffic, changing weather conditions, etc.), I assume full responsibility for myself, for bodily injury, death and loss of personal property and any expenses incurred. I accept the equipment for use “as is,” in good condition, and accept full responsibility for care of all such equipment while used by me or otherwise in my possession. I shall be responsible for the prompt replacement at full retail value of all equipment not returned or returned damaged, other than reasonable normal wear and tear. All instruction on the use of equipment have been made clear to me and I understand the function of the equipment.
As a Participant of the RVA E-Bike Expo, in consideration of my being allowed to use the equipment provided by "the hosts," Kul Wheels LLC, The Virginia Capital Trail Foundation and the manufacturers including but not limited to Aima, Aventon, Electric Bike Company, Flyer, Gazelle, Magnum and Velotric and to access and utilize Stone Brewing Co. LLC's parking lot (the “location”), I hereby agree:
1. to follow all policies, rules and regulations, recognizing that violation thereof will, at the sole discretion of the officials of the event, constitute grounds for immediate expulsion and revocation of the privileges afforded to me,
2. to waive, release, hold harmless, covenant not-to-sue, and forever discharge any and all rights, actions and claims that I or my heirs, executors, or assigns may have against Kul Wheels LLC, The Virginia Capital Trail Foundation and Stone Brewing Co. LLC, and the manufacturers including but not limited to Aima, Aventon, Electric Bike Company, Flyer, Gazelle, Magnum and Velotric as well as its respective officers, directors, trustees, agents, employees, volunteers, representatives, successors, assigns and affiliates for death, injury, loss, and any and all damages that may be sustained and/or suffered in connection with being allowed to participate in the event. I also agree to indemnify Kul Wheels LLC, The Virginia Capital Trail Foundation, Stone Brewing Co. LLC and the manufacturers including but not limited to Aima, Aventon, Electric Bike Company, Flyer, Gazelle, Magnum and Velotric for any defense, cost, or expense arising from my access and utilization of the location and arising from or related to my use of the electric bikes, accessories and associated equipment.
3. I am physically fit, legally competent, and freely access and utilize the location and the equipment at my own risk.
FINANCIAL RESPONSIBILITY
By using Kul Wheels LLC property including but not limited to its electric bikes, accessories, and associated equipment, I am acknowledging that I am responsible to return all property in the same condition it was in when the property was given to me. If any property belonging to Kul Wheels LLC that I or my party used is returned damaged or missing, I shall be financially responsible for the full retail replacement value of the item, part, or equipment and any other associated costs related to the labor required to repair the equipment. I shall promptly pay any invoice issued by Kul Wheels LLC for equipment I do not return or return damaged.
CONFIDENT RIDING POLICY
For my safety, and the safety of the hosts staff and equipment, all participants MUST be able to confidently ride a bike. If a guest is not riding confidently enough to travel safely on Richmond trails and streets, the hosts will prohibit that guest from riding.
IMAGE RELEASE
I hereby grant the Kul Wheels LLC permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Kul Wheels LLC and will not be returned. I hereby irrevocably authorize the Kul Wheels LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge the Kul Wheels LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
EMAIL & NEWSLETTER
After filling out this waiver form, I will automatically be added to Kul Wheel's newsletter email list. I may opt out at any time. Kul Wheels will never sell or distribute my email address to any third party.
MISCELLANEOUS
This release agreement is governed and construed in accordance with the laws of the Commonwealth of Virginia, exclusive of its conflicts of laws provisions.No change, modification, or waiver of this Agreement requested by me will be valid unless accepted by all parties in a signed document. All provisions of this Agreement are severable and each valid and enforceable provision will remain in effect and will be binding upon the parties, notwithstanding that other provisions may be held by legislative or judicial process to be invalid or unenforceable. All actions or proceedings seeking the interpretation or enforcement of this Agreement shall be brought only in state and federal courts located in Richmond, Virginia, all parties hereby submitting themselves to the exclusive personal jurisdiction of such courts.