I, the undersigned, desire to test ride one or more WING bicycles at a retail location. I voluntarily enter into this agreement in order to induce WING BIKES Inc. to allow me to test ride the bicycle. In consideration for allowing me to test ride the bicycle for a reasonable amount of time and within a reasonable distance from the retail location, I understand and expressly agree to the following terms and conditions:
1. I represent, warrant and certify to WING bikes Inc. that I am 18 years of age older and:
The information I have provided to WING BIKES Inc. in this Agreement is true in all material respects;
I do not have any medical condition that would reasonably be expected to affect my ability to safely operate the bicycle.
I will wear the helmet provided to me by WING BIKES Inc. for the entire duration of the test ride;
I will not have consumed, and will not be under the influence of, an alcoholic beverage or illegal substance while riding the bicycle.
2. I shall comply with all policies, rules and regulations of WING BIKES Inc. relating to the test ride, as well as all applicable traffic laws, including but not limited to those concerning vehicle safety, vehicle operation, insurance, and the transportation and consumption of alcoholic beverages. I hereby assume all responsibility for my failure to comply with such policies, rules, and regulations and laws.
3. In case of injury or emergency during the test ride, I will call 911. Furthermore, I shall immediately report to WING BIKES Inc., 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 WING BIKES Inc. all documents, notices and pleadings received by me or on my behalf regarding any claim, lawsuit or other action regarding my use of bicycle.
4. I acknowledge that my test ride of the bicycle is voluntary and carries with it (a) certain dangers and 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 temporary or permanent injury or even death, (b) the risk of damage to, or even total destruction of, the bicycle, and (c) the risk of damage to any personal items I may have in my possession during the test ride, I assume complete responsibility for all risks and all 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 sign this instrument.
5. I hereby assume and will defend at all times, indemnify, protect, save and harmless WING BIKES Inc. and its officers, directors, employees, agents representatives, managers, members, dealers, sponsors, advertisers, contracts, 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 WING BIKES Inc. applies even if WING BIKES Inc. is ruled negligent.
6. 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. If I do file a lawsuit, I agree to pay any attorney fees, costs or judgments incurred by WING BIKES Inc, even if WING BIKES Inc. is found negligent.
7. This instrument shall be binding upon my heirs, personal representatives, insurers and family members. I agree the terms of this instrument are intended to be as broad and inclusive as is permitted by the federal 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 WING BIKES Inc. 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 WING retail location and shall survive each test ride indefinitely.
8. I acknowledgement that a WING sales 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 WING sales representative any additional questions that I believe are necessary for me to operate the bicycle in a safe manner and in compliance with terms of this agreement.
9. By my signature below I agree and acknowledge that (i) I have read the above terms and conditions carefully and fully, (ii) I fully understand them, (iii) I agree to be bound thereby. And (iv) I am signing this waver freely and voluntarily with full knowledge that is a contract which limits my legal rights and is binding upon me, my heirs, and legal representative.