PLEASE READ CAREFULLY BEFORE SIGNING! THIS IS A RELEASE AND DISCLAIMER OF LIABILITY AND A WAIVER OF IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO CLAIM COMPENSATION.
By signing below, I voluntarily make this Release, Waiver, and Assumption of Risk (this “Release”) for the benefit of eevee’s Microbility Inc., a British Columbia corporation, and its directors, officers, shareholders, employees, contractors, insurers, and agents (collectively, “eevee’s”). I hereby acknowledge, agree, and affirm that:
- I have previously operated one or more personal electric vehicles, which include electronic scooters, eSkateboards, Onewheels, and electric unicycles, regardless of the model, maker, manufacturer or edition (each an “Electric Vehicle”), that are sold, rented or otherwise available for use from Eevee’s. I am fully aware that operating an Electric Vehicle presents many hazards and dangers that include, without limitation: falling, losing control, or crashing; colliding into moving and stationary objects such as curbs, buildings, vehicles, other Electric Vehicles, pedestrians, bicycles, animals, and other obstacles and hazards; potholes, debris, and other uneven or unsafe surface conditions; distractions; and flat tires and other equipment and mechanical malfunctions. I also understand that the hazards and dangers in operating an Electric Vehicle may cause me or others personal injury, disability, death, and property damage.
- In purchasing, renting or otherwise using an Electric Vehicle from Eevee’s, and with my knowledge and appreciation of the hazards and dangers of operating an Electric Vehicle, I UNDERSTAND, ACCEPT AND ASSUME ALL RISKS AND DANGERS, WHETHER IDENTIFIED OR NOT, WHETHER FORESEEABLE OR NOT, ASSOCIATED WITH OPERATING ELECTRIC VEHICLES THAT MAY CAUSE ME OR OTHERS INJURY, DISABILITY, DEATH OR PROPERTY DAMAGE. I further understand and agree that I am and will remain solely responsible for the health and safety of myself, anyone who uses the Electric Vehicle with my permission, and others around me.
- I represent, warrant, and promise to eevee’s that: (a) I am over the age of 19 years old and I am in good physical health and mental condition and otherwise fit to operate an Electric Vehicle; (b) I will never operate an Electric Vehicle if I am impaired in any way; (c) I will take all necessary, appropriate, and recommended safety precautions, including wearing appropriate personal protective equipment and gear, at all times while operating an Electric Vehicle; (d) I understand and acknowledge that the decision to operate an Electric Vehicle and to continue or end such operation is my decision (and my decision alone); (e) I will not rely upon any statement by eevee’s with respect to making any decision concerning operation of an Electric Vehicle or the conditions presented for such operation; (f) I will operate, and will cause others who operate my Electric Vehicle to operate, the Electric Vehicle only for purposes for which it was designed and in compliance with the law and manufacturer’s instructions; (g) I will not, and will not permit or cause another to, alter the Electric Vehicle or any part of it in any way not recommended by the manufacturer; (h) I understand and acknowledge that any such alteration through use, misuse, tampering or otherwise, whether intentional or not, may result in malfunction of the Electric Vehicle and/or harm to me or others; (i) I will use, service, and maintain the Electric Vehicle in strict compliance with the manufacturer’s specifications and instructions; and (j) I have fully read and I understand everything written on this Release and the effects and consequences of what is written, and I knowingly and voluntarily sign this Release below.
- If I permit another person to operate my Electric Vehicle, I will take full responsibility for that person’s safe and proper operation of the Electric Vehicle. If such other person is 19 years old or younger (a “Minor”), regardless of whether I am the Minor’s parent, legal guardian or otherwise, I will also take full responsibility for the Minor’s operation, safety and well-being, and I will be solely responsible for making all decisions about the Minor’s operation of the Electric Vehicle, including whether the Minor is competent for such operation.
- I acknowledge and agree that it is my obligation and sole responsibility to buy and maintain insurance coverages, including health insurance, disability insurance, life insurance, and liability insurance, to insure and protect me, my family, and my heirs and assigns from and against hazards and perils inherent in operating Electric Vehicles, and that I will look to my own insurance coverages as my sole and exclusive remedy for any personal injury, disability, death, property damage or other damage or casualty that I or any other person may suffer or cause in the operation of the Electric Vehicle.
- I understand and agree that eevee’s may not be held responsible, obligated or liable in any way for any event, occurrence or accident, however caused, that results in personal injury, wrongful death, property damage or other damage or casualty to me, my family, heirs or assigns, caused by, resulting from, relating to, arising from or otherwise in connection with my or their operation of the Electric Vehicle.
- I acknowledge and understand that any injuries or harm suffered during operation of the Electric Vehicle may result from, or be compounded by, acts, omissions, negligence or other fault on the part of eevee’s. By signing this Release and operating the Electric Vehicle, I acknowledge and confirm that MY OPERATION OF AN ELECTRIC VEHICLE IS SOLELY AND ABSOLUTELY AT MY OWN RISK OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM SUCH OPERATION, WHETHER CAUSED BY EEVEE’S WRONGDOING OR OTHERWISE. In signing this Release, I waive, release, and forever discharge eevee’s from any and all claims AND DAMAGES of whatsoever type or nature, RESULTING FROM, arising out of, related to, or in connection with my operation of THE Electric Vehicle, even claims that eevee’s acted with negligence or other fault. I understand that such claims may include, without limitation, claims based on: negligence; defects in design, manufacture, sale, service, maintenance or inspection of the Electric Vehicle or any part or component thereof, including its lithium battery; failure to provide, inspect or maintain the area of operation; failure to warn of known or unknown dangers and defects; and failure to provide proper instruction, orientation, technical direction or safety equipment.
- I further promise, covenant, and agree not to make or bring any claim, or file any lawsuit, against eevee’s for injury, death, or property damage resulting from, relating to, arising from or otherwise in connection with my operation of the Electric Vehicle.
- I further promise, covenant, and agree to indemnify, hold harmless and defend eevee’s from and against any and all claims, actions, causes of action, harm, injury, damages, losses, judgments, and the like (collectively, “Claims”) resulting from, arising out of, related to or in connection with (a) operation of the Electric Vehicle by me or another person with my permission, even when such Claims result from, arise out of or are related to negligence or other fault on the part of eevee’s; and (b) any breach of any representation, warranty or promise set forth above in Section 3.
- In the event of my death or disability, all terms of this Release shall be binding on my estate and my personal representative, administrator or guardian shall be obligated by such terms.
- This Release is governed by the laws of the Province of British Columbia and the applicable federal laws of Canada.
BY SIGNING, I RELEASE AND DISCHARGE EEVEE’S FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGE OR CASUALTY, HOWEVER CAUSED, THAT I OR MY FAMILY MAY SUFFER FROM ANY EVENT, OCCURRENCE OR ACCIDENT ON, AROUND, CAUSED BY, IN RELATION TO, ARISING FROM OR OTHERWISE IN CONNECTION WITH THE ELECTRIC VEHICLE. I ACKNOWLEDGE AND AGREE THAT BY SIGNING I AM WAIVING ANY AND ALL CLAIMS THAT I AND MY FAMILY MAY HAVE OR INCUR AGAINST EEVEE’S, INCLUDING THOSE WHICH MAY ARISE FROM OR BE CAUSED BY ACTS OR OMISSIONS BY EEVEE’S WHICH MAY BE DEEMED TO BE NEGLIGENT, WRONGFUL, OR OTHERWISE TORTIOUS.
I FURTHER ACKNOWLEDGE THAT I HAVE READ THE FOREGOING IN ITS ENTIRETY, I FULLY UNDERSTAND THE FOREGOING, I UNDERSTAND AND AGREE THAT I MAY BE GIVING UP LEGAL RIGHTS AND REMEDIES, AND I OTHERWISE FULLY UNDERSTAND AND AGREE TO THIS DOCUMENT AND ITS LEGAL EFFECT, WHICH IS BINDING ON ME AND MY FAMILY.