Waiver Form
For customers, dealers, and rentals.
Waiver and Release of Liability
IN CONSIDERATION OF the risk of injury that exists while participating in Sunrise Electric Bicycles, llc. rentals, tours, and sales (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in said activity and being given the right to participate in same; I HEREBY, for myself, my heirs, “releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under or above 18 years of age, knowingly and voluntarily enter this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity or with Sunrise Electric Bicycles, llc; and I HEREBY release and forever discharge SUNRISE ELECTRIC BICYCLES, located at 1910 Madison Ave, Nampa, Idaho 83687, also located at 733 S Pioneer St. Boise, ID 83702 and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, successors, families (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the Activity or Purchasing an electric bicycle from Sunrise Electric Bicycles, LLC. AGREEMENT FOR USE OF ELECTRIC BIKE (“E-BIKE”) I HEREBY Promise to wear the helmet that was given to me.
The undersigned below (hereinafter “Rider”) agrees to following: a) I agree that I am of 18 years of age, and promise to ride safely, in control at all times and with consideration for all other users of the either road or local trail systems; b) I further agree that I shall not share, or allow others to ride the E-BIKE for which I am renting from CLIENT NAME; and, c) that violation of this agreement shall void any and all protections that may be afforded to me under the terms of this Agreement. I shall abide by Idaho Biking rules for the trails and greenbelt, and all posted rules and regulations of the trail system for trails in the Idaho area. Rider Agrees to keep the E-BIKE in clean and in excellent working condition during the rental period. If Rider breaks any part of the E-BIKE, Rider agrees to replace the part or component (or the E-BIKE in its entirety) at the fair market value of the replacement item.
E- BIKE RELEASE AND WAIVER OF LIABILITY
Rider, in consideration of using the bike, have read, understand and expressly agree to the following:
1. Risk of Personal Injury.
I understand that the risks of the use of the E-BIKES and are numerous and include, but are not limited to, the following: DEATH, PARALYSIS, SEVERE BODILY INJURY, HEAD INJURIES, BROKEN BONES, CUTS, SCRAPES, DAMAGE TO BIKES, GEAR, AND CLOTHING, CAUSING DAMAGE TO AND/OR INJURING OTHERS; FALLING, LOSS OF CONTROL, ENCOUNTERING TREES, LIMBS, BRUSH, ROCKES, STRUCTURES, ALCOHOL, ROPES, BARRIERS, STEEP AND UNPREDICTABLE TERRAIN, MUD, ROCKS, HOLES, CLIFFS GRAVEL, NARROW TRAILS, OR LACK OF MARKED TERRAIN AND OR OTHER MAN-MADE OR NATURAL OBJECTS FOUND ON THE TRAIL. I further understand and acknowledge there may be negligent actions of other riders, persons, or vehicles, owners of property or third-parties within the area that I may be riding and using the equipment.
1. Conditions and Representations.
2. Understanding the risks above I have made no misrepresentations in any regard, including, but not limited to, my height, weight, age, abilities, physical condition, or biker type for the purposes of using the equipment supplied by CLIENT NAME.
3. All instructions for the use of any E-BIKE or other biking equipment (the “Equipment”) have been made clear to me, and I fully understand how to operate the Equipment. I accept the Equipment for use “as is” and accept full responsibility for the care of the Equipment and E-BIKE while it is in my possession, and that I alone am responsible for proper care and use of the Equipment and E-BIKE during the rental of the Equipment. III. I have a helmet or one has been provided to me and I will wear a helmet every time I ride the E-BIKE. I
understand that wearing a helmet greatly reduces and decreases the risk and chance of head injury. IV. That I should consume alcohol, I release all liability. 1. The Equipment as provided to me is working properly. I am physically and mentally able to ride the E-BIKE and I am familiar with bike riding and its physical and mental requirements and risks involved. 2. I will read and follow all instructions and signs posted, and operate the E-BIKE safely in conformance with all rules for trail riding. 3. I am fully responsible for all damage or loss to the E-BIKE and agree to pay for all repairs or for the replacement cost of the bike, if lost, stolen, or damaged, or used by any other individual other than the undersigned.
4. Release of all Liability (including negligence).
I AGREE TO FULLY RELEASE AND DISCHARGE CLIENT NAME FROM ANY LIABILITY for any damages, injuries, or claims, including any injuries or damages, occurring from any negligence of CLIENT NAME to myself or any other person or property, as a result my participation in e-biking and use of the Equipment or E-Bike riding during the rental period. I fully understand and agree to release CLIENT NAME for its negligence in causing in whole or in part any injury to me, save and except instances involving the gross negligence and willful misconduct of CLIENT NAME related to the rental of the Equipment. If I consume any alcohol, I release full liability and Sunrise Electric Bicycles, llc is not liable for any injuries, or accidents caused by alcohol.
1. Express Assumption of Risks. I EXPRESSLY ASSUME ALL RISK OF LOSS WHEN PURCHASING OR RENTING AN ELECTRIC BICYCLE, DAMAGE OR INJURY OCCURRING AS A RESULT OF PARTICIPATING IN USAGE, OF THE EQUIPMENT AND/OR ELECTRIC BIKE RIDING, INCLUDING THE RISK OF CLIENT NAME’S NEGLIGENCE AS NOTED IN THIS AGREEMENT.
1. Indemnity and Hold Harmless.
Rider, Owner or Dealer agrees to indemnify and hold harmless CLIENT NAME as a result of Rider’s participation in bike rental, use of the Equipment and E-BIKE, and participation in the sport of e-bike riding during the period of the rental of the E-BIKE and Equipment. If Rider files a lawsuit, Rider agrees to pay any attorney fees, costs or judgments incurred by CLIENT NAME for defense of the claim. I FURTHER AGREE TO INDEMNIFY CLIENT NAME AND HOLD IT HARMLESS FOR ANY DAMAGES, INJURIES, JUDGEMENTS OR LAWSUITS, including any attorney’s fees and costs incurred by CLIENT NAME as a result of my use of the Equipment or E-BIKE, or any lawsuits resulting from my use. I understand this is a contract, which limits my legal rights, and it is binding upon me, my heirs and legal representative. If portions of this agreement are invalid, it is agreed the remaining portions will remain intact and enforceable. By signing this Release of Liability the undersigned acknowledges she or he has fully read and understands the above and foregoing.
All Riders under the age of 18 years are required to have a parent or legal guardian read and also sign this Release: The parent and the Rider have read, understand and agree to comply with this Release. By signing this document, the parent or guardian agrees to each of the provisions above, including to indemnify and hold CLIENT NAME, its officers, directors, agents or employees harmless from any and all claims brought by the Rider or resulting from the Rider's actions, whether CLIENT NAME, its agents or employees are negligent or not. The parent or guardian has reviewed this agreement, has explained the importance of following mountain biking rules, reviewed them with the Rider had certifies that the Rider is familiar with the use of the Equipment and that Rider can safely and competently use the Equipment as
required herein.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISK ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DUI, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATIONS. THAT SHOULD I CONSUME ALCOHOL OR FOOD PRODUCTS ON THIS EVENT, I ACKNOWLEDGE THAT I AM SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES SUFFERED BY MYSELF OR THAT I MAY CAUSE THIRD PARTIES, AS WELL AS SERVE ALCOHOL/ FOOD TO FAMILY, FRIENDS, GUEST, OR THIRD PARTIES ON THIS TOUR AS A RESULT OF SAID CONSUMPTION. NONETHELESS, I ASSUME ALL RELATED RISK, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend, and hold harmless the releasees against any and all claims, suits or actions of any kind whatsoever for the liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related cost. I agree that this Release shall be governed for all purposes by Idaho law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In the event that any damages to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all cost associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT OF PARTICIPATION.
THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participants, and Sunrise Electric Bicycles, LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted altering or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.