In consideration for allowing me to test ride the bicycle for a reasonable amount of time and within a reasonable distance from the VanMoof retail location, I acknowledge that I understand and do expressly agree to the following terms and conditions:
- I represent, warrant and certify to VanMoof USA Inc. that:
(a) I am 18 years of age or older;
(b) the information I have provided to VanMoof USA Inc. in connection with this Agreement is true in all material respects
(c) I will use a helmet at all times while operating the bicycle; and
(d) I do not have any medical condition that would reasonably be expected to affect my ability to safely operate the bicycle. Furthermore, I represent, warrant and certify I have not consumed, and will not be under the influence of, an alcoholic beverage, controlled substance or other substance that has a sedating or intoxicating effect now or while riding the bicycle.
- I acknowledge that a VanMoof 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 VanMoof sales 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 VanMoof.
- I shall comply with all policies, rules and regulations of VanMoof USA 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 or other substances that have a sedating or intoxicating effect. I hereby assume all responsibility for my failure to comply with such policies, rules, regulations and laws.
- In case of injury or emergency during the test ride, I will call 911. Furthermore, I shall immediately report to VanMoof USA 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 VanMoof USA Inc. 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.
- I ACKNOWLEDGE THAT OPERATING THE 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;
(a) 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,
(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. LIKE ANY PHYSICAL ACTIVITY, RIDING A BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A VANMOOF BICYCLE, 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.
- To the fullest extent allowed by law, I hereby assume and will defend at all times, indemnify, protect, save and hold harmless VanMoof USA Inc. and its officers, directors, employees, agents, representatives, managers, members, dealers, 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 VanMoof USA Inc. is ruled negligent.
- 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 VanMoof USA Inc. even if VanMoof USA Inc. is found negligent. CALIFORNIA RESIDENTS/ CALIFORNIA CLAIMS: If applicable to me as a California releasor or with respect to any claims that may be enforced in California (collectively a “Releasor”), I, as a Releasor, have been made aware of, and understand, the provisions of California Civil Code Section 1542 (“Section 1542”), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” As a California Releasor, I expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.
- 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 VanMoof USA 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 VanMoof retail location and shall survive each test ride indefinitely.
- By checking the box in the online testride portal I agree and acknowledge that
- I have read the above terms and conditions carefully and fully,
- I fully understand them,
- I agree to be bound thereby, and
- 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.