Velofix Waiver of Liability (US)
This Waiver of Liability (“Waiver”) is entered into on by the Undersigned in favor Elby, L.P. and its affiliates and each of their respective directors, officers, employees, agents, representatives (collectively, “Elby”).
In consideration of being able to use and test certain of the electric bicycle equipment owned by Elby, including without limitation, any ancillary equipment related to the electric bicycle (collectively, the “Equipment”), the Undersigned hereby acknowledges, agrees, indemnifies and releases as follows:
1. Waiver, Release and IndemnityThe Undersigned hereby waives (on behalf of the Undersigned and any party who might be entitled to assert a claim on behalf of the Undersigned), releases and forever discharges Elby and its successors and assigns from any and all liability, claims, costs, damages, expenses, injury, demands, losses or suits of whatever kind or nature, either in law or in equity, arising from the use of the Equipment due to any cause whatsoever, including without limitation negligence or breach of statutory duty of care.
The Undersigned hereby indemnifies and hold harmless Elby and its successors and assigns from any and all liability, claims, costs, damages, expenses, injury, demands, losses or suits of whatever kind or nature, either in law or in equity, which the Undersigned may suffer or that any family member of the Undersigned may suffer and which arise or may hereafter arise from the Undersigned’s activities with the Equipment due to any cause whatsoever, including without limitation negligence or breach of statutory duty of care.
2. Assumption of RiskThe Undersigned understands that use of the Equipment may result in injury or harm to the Undersigned. The Undersigned hereby expressly and specifically assumes the risk of injury or harm in this participation including without limitation, all liability for injury, illness, death or property damage resulting from such use of Equipment. The Undersigned acknowledges and agrees that this Waiver discharges Elby from any liability or claim that the Undersigned may have against Elby with respect to bodily injury, personal injury, illness, death or property damage that may result from the Undersigned’s use of the Equipment. The Undersigned also understands that Elby does not assume any responsibility for or obligation to provide financial or other assistance in the event of any such injury, illness, death or property damage.
3. OtherThe Undersigned expressly agrees that this Waiver is intended to be as broad and inclusive as permitted by the laws of the Province of Ontario. This Waiver shall be governed by the laws of the Province of Ontario and the federal laws applicable therein. In the event that any clause or provision of this Waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver which shall continue to be enforceable.
This Waiver shall continue in full force and effect from today forward and enure to the benefit of any and all of the heirs, executors, administrators, successors and assigns of Elby.
The Undersigned acknowledges having read this Waiver, fully understands its terms, understands that the Undersigned has given up substantial rights by signing it and has signed it freely and without any inducement or assurance of any nature and intends it to be a free and unconditional release of all liability to the greatest extent allowed by law.
The Undersigned is over eighteen (18) years of age and has read and understood this waiver prior to signing it.
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Document Name: Velofix Waiver of Liability (US)
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