TERMS AND CONDITIONS
Electric Bike Company (“EBC”) has agreed to sell EBC bicycle(s) and/or other bike accessories to Purchaser as reflected in the attached sales invoice. EBC and the Purchaser shall be referred to hereafter as “the Parties.” This Contract of Sale, Waiver and Release from Liability shall be referred to hereafter as the “Contract.”
Purchaser agrees and understands that EBC cannot oversee or supervise the safety and proper usage of Purchaser’s EBC electric bicycle(s) and accessories, if applicable. Consequently, EBC cannot be held responsible for the safe use or other actions by the Purchaser and/or future riders of EBC electric bicycles.
Purchaser, being above 16 years of age, agree to all terms as follows:
I agree and acknowledge that anyone with serious medical conditions should not ride an electric bike.
I agree and acknowledge that no one, including myself, should ride an electric bike while under the influence of alcohol or drugs, including prescription medications, or while otherwise incapacitated.
I agree and acknowledge that it is not safe to ride EBC bicycles in hazardous conditions, including uneven or offroad terrain, significant rain or in snow, and assume all risks of riding my EBC bicycle(s) under these and/or any other unsafe conditions. When riding my EBC bicycle(s), I agree to obey the federal electric bike speed limit of 20 mph and all other state, county, municipal and city traffic laws, including electric bicycle laws.
I acknowledge and understand that riding an EBC bicycle is a dangerous activity that requires moderate to strenuous exercise and various degrees of skill and experience for individual riders. I understand that biking can result in serious injury to the person and damages to property. I hereby voluntarily assume any and all risk associated with loss, damage or physical injury that occurs while riding my EBC bicycle(s).
I am aware of the risks, hazards and dangers of personal injury, death and disability inherent in the use of electric bicycles, including EBC bicycles. I am aware that the usual risks, hazards and dangers of personal injury, disability and death are greater with lack of experience and/or failure to follow the warnings and instructions provided by EBC in its Operator’s Manual and within the manuals accompanying the various components of the EBC bicycle, access to which have been provided to me by EBC.
I hereby agree to release and forever discharge EBC, and its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on EBC’s behalf from any and all legal claims, actions, damages, liability, costs, expenses or attorney fees related to, arising out of, or in any way connected to use of my EBC bicycle(s), use of any other equipment or property supplied by EBC or from any claim arising out of my presence upon the EBC premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of EBC, including its agents, employees, officers, directors, component manufacturers and/or any and all other persons or entities acting on EBC’s behalf. By my execution of this Contract, it is my intention to surrender and waive any and all rights to sue or to exercise a legal right to seek damages from EBC, and/or its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on EBC’s behalf.
I hereby certify that I am at least 16 years of age and am not purchasing EBC bicycle(s) on behalf of an individual under the age of 16. I acknowledge that it is illegal for any person under 16 years old to ride an electric bicycle, including an EBC bicycle. I have carefully read the foregoing and acknowledge, understand and AGREE to all of the above terms and conditions. I have had the opportunity to ask any and all questions regarding this Contract. By issuing payment for my EBC bicycle(s) and executing this Contract, I assume all risks inherent in the purchase and use of an electric bicycle, and release EBC from any and all liability that may arise from my ownership and use of my EBC bicycle(s). This includes a release of EBC from any and all liability related to or arising out of a minor’s use of my EBC bicycle(s).
Binding Arbitration Clause: The Parties agree that any dispute, controversy or claim arising out of or relating to this Contract or as a result of the use of EBC bicycle(s) and accessories; including warranty claims, defective product claims, physical injury claims, property damage claims and/or whether any of the aforementioned claims are arbitrable, will be referred to and finally determined by arbitration in accordance with the Judicial Arbitration and Mediation Services (“JAMS “) International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of arbitration shall be the JAMS office located in Orange County, California. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. In the event a party fails to proceed with arbitration as delineated in this paragraph, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including reasonable attorneys’ fees for having to compel arbitration or defend or enforce an award.