This Liability Waiver and Release Agreement ("Agreement") is entered into by and between Drivechain Dynamics ("Company"), a [insert business entity type, e.g., LLC, Corporation] organized under the laws of [insert state/country], with its principal place of business at [insert address], and the undersigned purchaser or user ("Participant") of any motorized bicycle or related product ("Product") sold by the Company.
WHEREAS, the Company sells motorized bicycles, which are vehicles powered by electric motors, gasoline engines, or similar mechanisms, intended for recreational, commuting, or other uses;
WHEREAS, the operation, use, maintenance, or storage of motorized bicycles involves inherent risks, including but not limited to accidents, falls, collisions, mechanical failures, personal injury, property damage, or death;
WHEREAS, the Participant desires to purchase and/or use the Product, and the Company requires this Agreement as a condition of sale or use to limit its liability;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
The Participant acknowledges and understands that motorized bicycles are not toys and involve significant risks. These risks include, but are not limited to:
The Participant represents that they are at least 18 years of age (or the age of majority in their jurisdiction) and physically capable of operating the Product safely. If the Participant is under the age of majority, a parent or legal guardian must sign this Agreement on their behalf.
The Participant voluntarily assumes all risks associated with the purchase, use, operation, maintenance, storage, or transportation of the Product, whether known or unknown, foreseeable or unforeseeable. The Participant agrees that they are solely responsible for their own safety and for complying with all applicable laws, including traffic regulations, helmet laws, and age restrictions for motorized vehicles.
To the fullest extent permitted by law, the Participant hereby releases, waives, discharges, and covenants not to sue the Company, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Released Parties") from any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, expenses (including attorneys' fees), or judgments arising out of or related to:
This release includes, but is not limited to, claims based on negligence, breach of warranty, strict liability, product liability, or any other legal theory.
The Participant agrees to indemnify, defend, and hold harmless the Released Parties from any claims, losses, or expenses arising from the Participant's use of the Product, including third-party claims for injury or damage caused by the Participant's actions or negligence.
The Product is sold "AS IS" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company disclaims all liability for any modifications made to the Product after sale. The Participant is responsible for inspecting the Product upon receipt and before use.
While not limiting the above, the Company strongly recommends:
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement shall be governed by the laws of [insert state/country, e.g., the State of California, without regard to conflict of laws principles]. Any disputes arising hereunder shall be resolved in the courts of [insert jurisdiction].
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements. No modifications shall be effective unless in writing and signed by both parties.
The Participant has read this Agreement, understands its terms, and signs it voluntarily without duress. The Participant has had the opportunity to consult with legal counsel.