Liability Waiver

I. DISCLAIMER The following legal terms, conditions and notices apply to all sales, rentals and usage of personal electric vehicles, including but not limited to, electronic scooters, eSkateborads, Onewheels and/or electric unicycles regardless of the model, maker, manufacturer or edition (hereinafter referred to as an “Electric Vehicle”), that are purchased, rented or borrowed from Eevee’s Micromobility Inc. (“Eevee’s”).  By signing this Liability Waiver & Release, the signor understands that there are inherent risks and dangers associated with the use and operation of an Electric Vehicle, which may lead to damage to property, serious physical injury, disability and/or death, even where the Electric Vehicle is being used and operated as intended and as instructed by the manufacturer.  Known risks, hazards and/or dangers of using an Electric Vehicle, include but are not limited to, falling off, losing control or crashing, collisions with moving or parked vehicles, bicycles, skateboards, other personal electric vehicles, pedestrians, animals or other obstacles, encountering potholes, uneven surfaces, debris or other distractions, and experiencing flat tires or other mechanical or electronic equipment failures or malfunctions.  The signor further understands that they are purchasing and/or using, or allowing the use of, the Electric Vehicle at their own risk, absolutely.

II. ASSUMPTION OF RISK By using, or allowing others to use, the Electric Vehicle purchased, rented or borrowed from Eevee’s, the signor hereby acknowledges, and expressly agrees, that they are doing so voluntarily and that they are voluntarily assuming all risks of harm, injury, illness, damage or loss that may occur to the signor, to others, to the signor’s property or to the property of others, as a result of such use and/or ownership, including the risks of all of the above mentioned known risks, hazards and/or dangers, WHETHER OR NOT CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OR OTHER FAULT OF EEVEE’S, its employees, agents, representatives, directors, officers, shareholders, servants, assigns, successors, insurers and affiliates or any other individuals. 

III. WAIVER/RELEASE By signing this Liability Waiver & Release, the signor hereby agrees that Eevee’s, its employees, agents, representatives, directors, officers, shareholders, servants, assigns, successors, insurers and affiliates (collectively the “Released Parties”) shall not be liable for any harm, injury, illness, damage or loss that may occur to the signor or the signor’s property as a result of the ownership of, or as a result of any and all activities related to the use and operation of the Electric Vehicle purchased, rented or borrowed from Eevee’s, and hereby RELEASES AND FOREVER DISCHARGES the Released Parties from any and all liabilities, actions, causes of action, damages, claims, costs, expenses and demands that now or in the future, may arise from, or in any way relate to the Electric Vehicle purchased, rented or borrowed from Eevee’s or the use and operation of the Electric Vehicle by the signor or others that the signor is, at law, responsible for.  This RELEASE includes, without limitation, any claims based on: negligence; defects in the design, manufacture, adjustment, maintenance or inspection of the Electric Vehicle and/or its related equipment, including but not limited to its lithium battery; failure to provide, inspect or maintain the area where the Electric Vehicle is used or tested; and failure to provide proper instruction, technical direction or safety equipment.

IV. INDEMNIFICATION The signor hereby agrees to indemnify, hold harmless and defend Eevee’s and the other Released Parties for any harm, injury, illness, damage or loss that may occur to the signor, or any others that the signor is, at law, responsible for, the signor’s property, any third parties and/or the third parties’ property, as a result of any and all activities related to the operation or use by the signor or any third parties, of the Electric Vehicle purchased, rented or borrowed from Eevee’s, even if such harm, injury, illness, damage or loss was caused or contributed to by the negligence or other fault of Eevee’s, its employees, agents, representatives, directors, officers, shareholders, servants, assigns, successors, insurers and affiliates or any other individuals, and specifically where such harm, injury, illness, damage or loss was caused or contributed to by the negligence or other fault of the signor or any others that the signor is, at law, responsible for.

 

V. ACKNOWLEDGMENTS The signor hereby acknowledges and agrees, and represents and warrants to Eevee’s that: 

a) the signor is solely responsible for their own health and safety and will take all reasonable, necessary and recommended safety precautions, including wearing appropriate personal protective equipment, in the use and operation of the Electric Vehicle purchased, rented or borrowed from Eevee’s; 

b) the signor will use, and will cause others to use, the Electric Vehicle purchased, rented or borrowed from Eevee’s only for the purposes for which it was designed and in compliance with the manufacturer’s instructions, as any alteration or modification of the Electric Vehicle through use or misuse, whether intentional or accidental, can result in malfunction of the Electric Vehicle and/or harm to the user;

c) the signor will use, and will cause others to use, the Electric Vehicle purchased, rented or borrowed from Eevee’s in accordance with all laws, bylaws, rules, ordinances and regulations applicable in the place the Electric Vehicle is being used and will not operate or use the Electric Vehicle in any location or in any manner that is prohibited, illegal, and/or a nuisance to others.  Should the signor or any others that the signor allows to use the Electric Vehicle receive any traffic violations and/or related citations, fines or impound charges as a result of or in connection with their use of the Electronic Vehicle, the signor acknowledges that they are solely and fully responsible for such charges without compensation from Eevee’s;

d) where renting, borrowing or testing an Electric Vehicle, the signor confirms they are in good physical health and have the experience, skill and ability to use and operate the Electric Vehicle;

e) the signor is responsible for knowing how to properly use and operate the Electric Vehicle and for seeking necessary instructions if needed;

f) the signor is responsible for any and all damage caused to the Electric Vehicle while using the Electric Vehicle and will be responsible for the costs of repair or for replacement should the Electric Vehicle be damaged or destroyed while being rented, borrowed or tested by the signor or by others that the signor is, at law, responsible for;

g) the signor is over 19 years of age, and if applicable, is the parent or legal guardian of the minor identified below who will be the primary user and operator of the Electric Vehicle; 

h) in the event of the death or disability of the signor, the terms of this Liability Waiver & Release, including the indemnification obligations, will be binding on the signor’s estate and their personal representatives, executors, administrators or guardians will be obligated to respect and abide by them; 

i) the signor has had sufficient time to review and carefully read this Liability Waiver & Release and to ask any questions associated with said Liability Waiver & Release prior to signing; 

j) this Liability Waiver & Release is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein; and 

k) the signor has voluntarily chosen to purchase and/or use the Electric Vehicle from Eevee’s, with the full knowledge that the execution of this Liability Waiver & Release is a condition of such purchase.

The undersigned signor hereby certifies that they have fully informed themselves of the contents of this Liability Waiver & Release and understands the effect and consequences of signing, including that they are waiving any right they, or their estate, personal representatives, executors, administrators or guardians, may have to bring legal action against Eevee’s for negligence, and that they have signed this Liability Waiver & Release of their own free will.