FREESKY Test Ride Waiver and Release of Liability

 

In consideration of being permitted to participate in a test ride of a FREESKY electric bicycle (the "eBike") provided by an independent Freesky Test Ride Host (the "Host"), I, the undersigned, hereby acknowledge, agree, and accept the following terms and conditions on behalf of myself, my heirs, executors, administrators, and assigns.

 

I fully understand that this is a legally binding document. By signing or electronically accepting this waiver, I voluntarily assume all risks and responsibilities associated with participating in the test ride, and I am permanently giving up certain legal rights, including the right to sue HONGKONGFREESKYCYCLE CO., LIMITED and the independent Host.

 

1. Assumption of Risk

 

I acknowledge that riding an electric bike involves inherent and unpredictable risks, including but not limited to:

  • Risk of serious bodily injury, permanent disability, paralysis, or death.
  • Risk of property damage from collisions with motor vehicles, pedestrians, animals, or stationary objects.
  • Risk of mechanical failure or malfunction of the eBike during the ride.
  • Unforeseen road conditions, trail hazards, or weather hazards.
  • The unpredictability and negligence of other road users or participants.
  • Loss of control or improper handling of the electric bike due to its power and speed capabilities.

 

2. Personal Responsibility

 

By accepting this waiver, I confirm and warrant that:

  • I am 18 years of age or older and possess a valid form of identification.
  • I am competent to safely operate the eBike, and I will strictly follow all traffic laws and safety recommendations.
  • I am in good physical and mental health and do not suffer from any medical condition that could impair my ability to ride safely.
  • I have not consumed any alcohol, drugs, or medications that may impair my judgment or my ability to safely operate the eBike.

 

3. Release and Waiver of Liability

 

I hereby agree to completely release, forever discharge, and covenant not to sue HONGKONGFREESKYCYCLE CO., LIMITED ("FREESKY"), its officers, employees, agents, affiliates, AND the independent Test Ride Host ("Host") providing the equipment, from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, property damage, or physical injury, including death, that may be sustained by me during or as a result of the test ride. This release includes any claims based on the negligence of FREESKY, the Host, or any third parties.

 

4. IndemnificationI agree to indemnify, defend, and hold harmless FREESKY and the independent

 

Test Ride Host from and against any and all claims, damages, liabilities, costs, or expenses (including reasonable legal fees) that may arise as a result of my participation in the test ride, my operation of the eBike, or any breach of this agreement.

 

5. Equipment Responsibility and Damage

 

CompensationI acknowledge that the eBike and its components belong to the independent Test Ride Host. I agree to operate the eBike with care. In the event of any damage to or loss of the eBike caused by my actions or negligence during the test ride, I agree to take full financial responsibility and cover the direct costs of repair or replacement directly to the Host.

 

6. Status of Test Ride Host (Independent Contractor)

 

I acknowledge and understand that the Test Ride Host is an independent eBike owner, enthusiast, and independent contractor. The Host is NOT an employee, legal agent, or official representative of HONGKONGFREESKYCYCLE CO., LIMITED. FREESKY is not vicariously liable for the actions, omissions, or negligence of the Host.

 

7. Helmet and Safety Gear Requirement

 

I agree to wear a properly fitted and fastened bicycle helmet at all times while operating the eBike. Failing to wear a helmet or other recommended protective equipment automatically voids any implied liability coverage and constitutes a complete assumption of all resulting risks.

 

8. Governing Law

 

This Waiver and Release of Liability shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles. Any legal action or proceeding arising under this agreement shall be brought exclusively in the courts located in Hong Kong.

 

9. Consent to Electronic Signature

 

I consent to the use of electronic signatures and acknowledge that my electronic signature, whether checked in a box, typed, or digitally executed on a website form, has the exact same legal effect and validity as a handwritten physical signature.

 

10.Acknowledgment of Terms

 

I have read this liability waiver in its entirety, and I fully understand its terms. I understand that I am giving up substantial rights, including my right to sue FREESKY and the Test Ride Host. I voluntarily and knowingly accept this waiver, intending to be legally bound by its contents.

 

Participant Signature: ___________________

Date:  ___________________

Emergency Contact Information: ___________________

 

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