Waiver of liability for test rides
I desire to test ride an eBike at the Tiller Rides Pty Ltd (“Tiller Rides”) showroom, or at a Tiller Rides mobile event, or at a Tiller Rides Retail Partner.
I voluntarily enter into this Agreement in order to test ride a Tiller Rides eBike. I further acknowledge that I understand and do expressly agree to the following terms and conditions:
1. I am 16 years of age or older;
2. I will wear a suitable and proper fitting helmet while riding;
3. I am in good health, fit, and competent to ride an electric bicycle;
4. I do not have any medical condition that would reasonably be expected to affect my ability to safely operate the bicycle;
5. I am not under the influence of alcohol or substances that may affect mental capacity, reaction time, or ability to operate the bicycle.
6. I acknowledge that a Tiller Rides representative has provided me with information regarding the principal features of the bicycle that I seek to test ride and instructions for the bicycle’s safe operation. I further acknowledge that I have been afforded sufficient opportunity to ask a Tiller Rides representative any additional questions that I believe are necessary for me to operate the bicycle in a safe manner and in compliance with the terms of this Agreement. If at any time I feel the bicycle is not functioning properly, I will stop using it and return it to Tiller Rides.
7. I will comply with road and traffic rules and I understand that the maximum speed of an electric bike is 25 kilometers/hour.
8. In case of injury or emergency during the test ride, I will call 000. Furthermore, I shall immediately report to Tiller Rides, my insurance company, and the local Police Department any accident, injury or damage arising during my operation of the bicycle. I shall promptly forward to Tiller Rides. all documents, notices and pleadings received by me or on my behalf regarding any claim, lawsuit or other action regarding my use of the bicycle.
a) I understand that photographs/videos of this test ride event may be taken by Tiller Rides to be used for marketing purposes. If I do not wish my photo/video to be taken, I must inform the Tiller Rides staff member at the time of my test ride. I expressly waive any right of privacy, compensation, copyright, or other ownership right connected to the same.
b) I agree to receive emails to the address that I provided in the test ride sign up portal so that Tiller Rides may follow up on my test ride. I understand that at any time I may contact Tiller Rides to request that my email not be used for any other marketing communications from Tiller Rides.
10. ACKNOWLEDGEMENT OF RISK:
a) I acknowledge that operating the electric bicycle has inherent risks, dangers and hazards, including, but not limited to, traffic conditions, weather conditions, road and sidewalk conditions, natural and unnatural objects and obstacles, impact or collision, and negligence of myself or others. Furthermore, I acknowledge that my test ride of the bicycle is voluntary and carries with it.
i) Certain dangers and inherent risks to both myself and third parties, including but not limited to collision, storm damage, turning over, slipping, falling, tripping, and equipment failure, which could result in temporary or permanent injury or even death.
ii) The risk of damage to, or even total destruction of, the bicycle, and
iii) The risk of damage to any personal items I may have in my possession during the test ride.
11. ACCEPTANCE OF RISK:
a) I fully understand that riding a bicycle involves risk and may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Tiller Rides eBike, I assume all responsibilities and risks for all such injuries or other medical conditions and I assume complete responsibility for all risks and all other injuries, death and/or property damage that may occur as a result of those risks, even if such injury, death or property damage occurs in a manner that is not foreseeable at the time i enter into this agreement.
a) To the fullest extent allowed by law, I hereby assume and will defend at all times, indemnify, protect, save and hold harmless Tiller Rides and its officers, directors, employees, agents, representatives, managers, members, dealers, retail partners, sponsors, advertisers, contractors, committees, insurers, successors, assigns, parent companies, subsidiaries, sister companies, and other affiliates (collectively, the “Indemnified Parties”) from any and all claims, demands, actions, causes of action, suits, costs, charges, liabilities, judgments, loss or expenses, including attorney fees, which may arise or result, directly or indirectly, whether caused by my negligence or otherwise, from my use or operation of the bicycle, including but not limited to those arising from any personal injury, death or property damage. I agree my obligation to indemnify the Indemnified Parties applies even if Tiller Rides is ruled negligent. My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.
b) I hereby release, waive and, discharge each of the Indemnified Parties from any and all liability to me, my family members, insurers, heirs, personal representatives and assigns from any and all loss or damage, and any claims or demands therefore, on account of injury to or death of any person or damage to any property, arising out of or in any way connected or related directly or indirectly to my operation or use of the bicycle, whether caused by my negligence or otherwise, and covenant not to sue any of the Indemnified Parties in connection with any such loss, damage, claim or demand.
c) This instrument shall be binding upon my heirs, personal representatives, insurers and family members. I agree the terms of this Agreement are intended to be as broad and inclusive as is permitted by law and that if any portion is held invalid, the balance shall continue in full legal force and effect. I make these covenants and representations with the full understanding that Tiller Rides is relying on each of them. This instrument shall apply to my use or operation of any and all bicycles throughout my visit to the Tiller Rides retail location and/or mobile event and shall survive each test ride indefinitely.
13. By checking the box in the online test ride sign up portal I agree and acknowledge that
a) All information I have provided Tiller Rides in connection with this Agreement is true in all material respects,
b) I have read the above terms and conditions carefully and fully,
I fully understand them,
c) I agree to be bound thereby, and
d) I am signing this waiver freely and voluntarily with full knowledge that this is a contract which limits my legal rights and is binding upon me, my heirs, and legal representative.