LIABILITY RELEASE, INDEMNIFICATION, AND ASSUMPTION OF RISK AGREEMENT: Bicycles and other Wheeled Sports

WARNING: PLEASE READ CAREFULLY BEFORE ACCEPTING

I understand that bicycling and other wheeled sports involve INHERENT RISKS that can result in serious injury or death. I understand that additional risks may arise from other causes including my own negligence and/or the negligence of others which could possibly result in injury or death. I freely accept and ASSUME ALL RISKS OF INJURY OR DEATH that may occur while using this equipment, whether the specific risks are known or unknown.

I understand each of the following items and I assume complete responsibility for each of these items:

• Wear a helmet and appropriate protective equipment at all times. I understand the potential consequences of not wearing them.

• Bicycles are subject to all laws of the road, and many state and localities have additional laws that specifically apply to bicycles, skateboards and related activities.

• All wheeled sports equipment requires regular maintenance by qualified personnel; lack of maintenance and inspection may make this equipment unsafe or fail to identify serious risks that need repair,

• Bicycles require proper usage and adjustment of brakes, gears, wheels, wheel retention devices, tires, handlebars, seat, seat retention device, and seat post.

• Read the owner’s manual, especially the safety warnings, that accompanies the bicycle prior to operation.

• Bicycles with quick-release wheels require special care and attention. I will read the owner’s manual and consult store personnel with any questions.

• Bicycles must be assembled and checked by a qualified bicycle mechanic before use.

• Children should not ride at dusk or at night in any circumstances. Adults should do so only with great care and with appropriate lights and reflectors.

I agree to explain the above items on this checklist to anyone other than myself who will be using this equipment now and in the future. I understand how the bicycle or other equipment works and I agree that it is my responsibility to know how to properly use the equipment.

I understand that I can reduce the risk of injuring myself and others by taking lessons, riding within my abilities, and using common sense at all times. If I feel the equipment is not functioning properly I will stop using the equipment and have it inspected, repaired, or adjusted by a qualified technician.

I HEREBY AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY Eastern Mountain Sports, the manufacturer and the distributor of this equipment and/or its component parts, sold or serviced hereunder, FROM ANY AND ALL LIABILITY and for any injuries or damages to the user of this equipment or any other person. Furthermore, I AGREE NOT TO SUE or make a claim against Eastern Mountain Sports, the manufacturer or the distributor of this equipment and/or its component parts, sold or serviced hereunder for any injuries or damages sustained and related to the use of this equipment.

I accept this equipment “AS IS” and with NO WARRANTIES, express or implied, beyond those stated in this agreement and in the manufacturer’s written limited warranty, if any.

This document is a LEGALLY BINDING CONTRACT that supersedes any other agreements or representations by Eastern Mountain Sports, or its employees, and is intended to provide a comprehensive release of liability, but is not intended to assert any defenses that are prohibited by law. In the event of a dispute related to this agreement I understand and agree that it will be interpreted and enforced pursuant to the laws of the state of California. If any portion of this agreement is determined to be unenforceable, the remainder shall be given full force and effect.  I understand and agree that this agreement is intended to be legally binding on my heirs.

If this equipment is to be used by someone other than me, I certify that I am acting as agent or legal guardian for the user and I agree to provide this form and all warnings and information to the user.

THIS IS A RELEASE OF LIABILITY DO NOT ACCEPT IF YOU DO NOT AGREE WITH ITS TERMS