In consideration of the purchase and use of an E-Bike from Ebikes2U, the undersigned purchaser ("Buyer," "I," "me," or "my") agrees as follows:
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.
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:
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.
I expressly acknowledge and agree that:
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.
I acknowledge and agree to the following regarding my order of the Gladiator Gun Metal Edition:
I understand that these upgrades, 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 estimated delivery window, the included upgrades, the Ava voucher terms, and the requirement to pay the $178 sales tax on delivery as satisfactory consideration for the backorder status.
I agree that I am solely responsible for:
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.
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.
This document constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior discussions or representations.
I have carefully read this entire Waiver and Release of Liability. I fully understand its contents, including the specific acknowledgment regarding the throttle, the Gladiator Gun Metal Edition backorder terms, complimentary upgrades, the non-expiration of the Ava voucher until home delivery, 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).