EBIKES2U – RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND THROTTLE ACKNOWLEDGMENT
Official Approved E-Bike Shop for the Ava Ebike Voucher Program
Company: Ebikes2U
Product: Electric bicycle(s) and related components ("E-Bike")
In consideration of the purchase and use of an E-Bike from Ebikes2U, the undersigned purchaser ("Buyer," "I," "me," or "my") agrees as follows:
1. Assumption of Risk
I understand that riding an electric bicycle involves inherent risks, including but not limited to the risk of serious bodily injury, permanent disability, paralysis, death, property damage, and technical malfunction. These risks may arise from my own actions or inactions, the actions of others, weather and road conditions, mechanical or electrical failure, and the nature of electric-assist and throttle-powered operation. I voluntarily assume all such risks.
2. Release and Waiver of Liability
To the fullest extent permitted by law, I hereby release, waive, discharge, and hold harmless Ebikes2U, its owners, officers, employees, agents, suppliers, and affiliates (collectively, "Released Parties") from any and all claims, demands, causes of action, damages, losses, costs, or expenses (including attorneys' fees) arising out of or related to:
- Any health or physical injury, illness, or death;
- Any property damage; or
- Any technical, mechanical, electrical, or performance-related issue or failure that occurs after I take possession of the E-Bike, whether caused by negligence of the Released Parties or otherwise, except to the extent prohibited by applicable law.
I understand that once I purchase and take delivery of the E-Bike, Ebikes2U has no ongoing control over how the E-Bike is used, maintained, modified, or stored, and I accept full responsibility for its safe operation.
3. Important Acknowledgment Regarding Throttle
I expressly acknowledge and agree that:
- The E-Bike is equipped with a throttle (in addition to any pedal-assist system).
- I have been informed of, and I understand, the proper use, function, and intended performance of the throttle.
- The throttle can provide power independently of pedaling and can cause the E-Bike to accelerate quickly.
- I am solely responsible for learning and following safe throttle operation, including starting from a stop, controlling speed, and responding to changing conditions.
- Misuse, improper operation, or failure to understand the throttle may result in loss of control, collision, injury, or death.
- I accept full liability for any consequences arising from my use or misuse of the throttle.
I confirm that I have had the opportunity to ask questions about the throttle and its operation and that any such questions have been answered to my satisfaction.
4. Ava Voucher & Sales Tax Acknowledgment
I acknowledge and agree to the following regarding my order and the Ava Ebike Voucher Program:
- My winning Ava E-Bike Voucher code totals $1,500 for an e-cargo bike, which will be processed by Ebikes2U.
- Due to California business and Ava Ebike voucher regulations, an additional $178 sales tax applies to this E-Bike order.
- The sales tax is payable on-site at the time of delivery of the E-Bike to my home address.
- Accepted payment methods for the sales tax are: Zelle, Apple Pay, Venmo, Cash App, or cash.
- The Ava voucher will not expire and shall remain valid until Ebikes2U delivers the E-Bike to my home address.
- I understand that the extended validity of the Ava voucher and the sales-tax payment terms are provided as part of the order arrangement and do not alter or expand any warranties, guarantees, or liability obligations of Ebikes2U beyond what is expressly stated in this Agreement or any applicable product documentation.
- I accept the Ava voucher terms and the requirement to pay the $178 sales tax on my e-bike delivery as satisfactory consideration for this order.
5. Buyer's Responsibilities
I agree that I am solely responsible for:
- Reading and following the manufacturer's instructions, warnings, and maintenance guidelines;
- Ensuring the E-Bike is properly maintained and inspected before each use;
- Complying with all applicable traffic laws, local regulations, and safety requirements;
- Using appropriate protective equipment (including a properly fitted helmet); and
- Determining whether the E-Bike is suitable for my intended use, skill level, and physical condition.
6. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, losses, or expenses arising out of my use of the E-Bike or my breach of this Agreement.
7. Severability and Governing Law
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect. This Agreement shall be governed by the laws of the jurisdiction in which Ebikes2U operates, without regard to conflict-of-law principles.
8. Entire Agreement
This document constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior discussions or representations.
BUYER ACKNOWLEDGMENT AND SIGNATURE
I have carefully read this entire Waiver and Release of Liability. I fully understand its contents, including the specific acknowledgment regarding the throttle, my winning $1,500 e-cargo Ava voucher to be processed by Ebikes2U, and the requirement to pay $178 California sales tax on-site at delivery via Zelle, Apple Pay, Venmo, Cash App, or cash. I am signing this document voluntarily and of my own free will. I am at least 18 years of age (or I am the parent/legal guardian of a minor Buyer and am signing on their behalf).