Bowen eBikes Waiver

Bowen eBikes Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK WARNING AND INDEMNIFICATION AGREEMENT WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!

THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

I represent that I am either the bike rentee or, if the bike rentee is a minor/child, that I am the parent or legal guardian of the rentee.

I UNDERSTAND THAT RIDING EBIKES, CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH.

I understand that risks related to the Activity include but are not limited to: falling or loss of balance; icy, slick or uneven surfaces; collisions with natural or man-made objects, other people, or motorvehicles; bumps; electric batteries on fire; downed timber and other forest growth; rocks, streams, creeks, holes, debris, and other forest or mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; equipment malfunction, failure or damage; improper use or maintenance of equipment; varying visibility, storms, lightning, hail, snow and other adverse weather; becoming lost or separated; limited access to and/or delay of medical attention; the rentee’s health condition, physical exertion, exhaustion, dehydration, or hypothermia; and/ or mental distress from exposure to any of the above.

I agree that the bike rentee assumes responsibility for maintaining control at all possible times while engaging in the Activity and for reading, understanding and complying with all signage, including the BC government requirements for safe riding on shared roads with motorvehicles. The bike rentee must have the physical dexterity and knowledge to safely maneuver the rented bicycle. I understand that a minor bike rentee may use the bike without an adult present.

RECOGNIZING THESE RISKS AND DANGERS, I VOLUNTARILY CHOOSE TO PARTICIPATE (OR FOR THE MINOR TO PARTICIPATE) IN THE ACTIVITY AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT
OR OTHERWISE.

In consideration for allowing the bike rentee to participate in the Activity, sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Small Seed Designs dba Bowen eBikes, Her Majesty The Queen In Right Of The Province Of British Columbia, and all their respective insurance companies, successors in interest, commercial & corporate FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR THE BIKE RENTEE MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF THE BIKE RENTEE’S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF
ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING IN BRITISH COLUMBIA ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.

In consideration for allowing the bike rentee to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW. I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, WHETHER ARISING IN WHOLE OR IN PART FROM THE BIKE RENTEE’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.

I AGREE THAT ANY AND ALL CLAIMS for injury, death and/or loss regarding an alleged incident SHALL BE GOVERNED BY THE LAW OF THE STATE OR PROVINCE WHERE THE ALLEGED INCIDENT OCCURRED and EXCLUSIVE JURISDICTION shall be in a court of competent jurisdiction in the State or Province where the alleged incident occurred. By using a rented bicycle, I grant the Released Parties the right of publicity to own and use any image collected of Participant while participating in the Activity. BY SIGNING ON BEHALF OF A MINOR, I REPRESENT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE eBIKE RENTEE, I authorize a licensed physician or other medical care provider to carry out any emergency medical care for the bike rentee, and I acknowledge that the bike rentee shall be bound by all the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent that I am at least 18 years old (US) or 19 years old (Canada).

I understand that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If I or the bike rentee choose to take part in any future rentals with Bowen eBikes or any future rental program, this Agreement will remain in effect for so long as the bike rentee participates in such program. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.

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