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Wavier and Release of Liability, Assumption of Risk and Indemnity Agreement

Legal Notice

Warning: Read Carefully. This Agreement Includes a Release of Liability and Wavier of Legal Rights and Deprives You of The Right to Sue PremierBike, Limited and Other Parties. Do Not Sign This Agreement Unless You Have Read it in its Entirety. Seek the Advice of Legal Counsel if you are Unsure of its Effect.

Wavier and Release of Liability, Assumption of Risk and Indemnity Agreement

In Consideration of my purchase or receiving as a gift of a PremierBike, Limited product; I, for myself and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representative, executors, administrators, successors and assigns, hereby agree to make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (“the Agreement”); 

  1. I hereby represent that (i) I am in good health and in proper physical condition to utilize the product(s); and (ii) Iam not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the use of the product(s).
  2. I understand and acknowledge the physical and mental rigors associated with bicycling, and realize that bicycling may be dangerous under certain conditions and may represent an extreme test of a person’s physical and mental limits. I understand that use of PremierBike Limited product(s) may involve certain risks and dangers which include, without limitation, the potential forserious bodily injury or death, loss of or damage to equipment/property, accidents, contact or collision with vehicles on the road and/or other cyclists and/or natural or manmade conditions or objects; dangers arising from adverse weather conditions; imperfect riding conditions; water, road and surface hazards; equipment failure; inadequate safety measures; situations beyond my control; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (“Risks”). I understand that these Risks may be caused, in whole or in part, by my own actions or inactions, the actions or inactions of others, or the acts, inaction or negligence of the Related Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a resut of my use of PremierBike Limited product(s).
  3. I also accept sole responsibility for my own conduct and actions while participating in the use of PremierBike Limited product(s) and the condition and adequacy of my equipment.
  4. I hereby release, Waive and covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: PremierBike Limited, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members,agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “PremierBike Limited”), with respect to any liability, claim(s), demand(s), case(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the use of PremierBike Limited product(s), including claims for Liability caused in whole or in part by the negligence, or strict product liability, implied warranty of merchantability, or implied warranty of fitness for particular purpose of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
  5. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the right of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have agreed to this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my agreement to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforcement of any remaining provision.
  6. This Agreement shall be construed in accordance with the laws of the State of Illinois. Venue for any disputes shall only be proper in the Will County Circuit Court, State of Illinois.

This Agreement is binding upon and shall inure to the benefit of the parties’ heirs, executors, administrators, successors, and assigns.

If any of the provisions contained in this Agreement, or any other document delivered in connection herewith shall be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired.

In the event legal action is required regarding any provision of this agreement, the prevailing party in the litigation or arbitration shall be entitled to recover reasonable attorneys’ fees and costs from the other party in addition to any other relief that may be granted. This provision applies to the entire agreement.

Your signature, or your Website check in ‘Accept’ box, or your breaking the notification seal on the product package or other wise opening the package and using the product(s) constitutes acceptance of this WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.

Name of Product(s) User (Print) ____________________________________ Age ________.

Date Of Birth ________/__________/_________.

Signature of Product(s) User: ______________________   Date _______________.

  

PremierBike Limited 

Warning and Disclaimer

  1. Do not attempt cycling and use of PremierBike Limited product(s) unless you are in good health and in proper physical condition to utilize the PremierBike Limited product(s). Do not attempt cycling or use of this PremierBike Limited product(s) while under the influence of alcohol or any drug which would in any way impair your ability to safely participate in the use of the product(s).
  2. There are physical and mental rigors associated with bicycling which may be dangerous under certain conditions and may represent an extreme test of a person’s physical and mental limits. The use of PremierBike Limited product(s) may involve certain risks and dangers which include, without limitation, the potential for serious bodily injury, loss of or damage to equipment/property, accidents, contact or collision with vehicles on the road and/or other cyclists and/or natural or man made conditions or objects; dangers arising from adverse weather conditions; imperfect riding conditions; water, road and surface hazards; equipment failure; inadequate safety measures; situations beyond a riders control; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (“Risks”). These Risks may be caused, in whole or in part, by the purchaser’s own actions or acts, inaction or negligence of PremierBike Limited, or its agent representatives. The purchaser assumes all such Risk and responsibility for any damages, liabilities, losses or expenses incurred as a result of his/her use of PremierBike Limited components, product(s) and/or other equipment.
  3. Use PremierBike Limited products according to instructions.