LEAFY BIKES, LLC an electric bike company (“LEAFY BIKE”) has agreed to sell Leafy Bike(s) and/or other bike accessories to Purchaser as reflected in the attached sales invoice. LEAFY BIKES, LLC 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 LEAFY BIKES, LLC cannot oversee or supervise the safety and proper usage of Purchaser’s LEAFY BIKE a electric bicycle(s) and accessories, if applicable. Consequently, LEAFY BIKES, LLC cannot be held responsible for the safe use or other actions by the Purchaser and/or future riders of LEAFY BIKES 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 LEAFY BIKES in hazardous conditions, including uneven or offroad terrain, significant rain or in snow, and assume all risks of riding my LEAFY BIKE electric bicycle(s) under these and/or any other unsafe conditions. When riding a LEAFY BIKE (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 a LEAFY BIKE 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 LEAFY BIKE(s).
I am aware of the risks, hazards and dangers of personal injury, death and disability inherent in the use of electric bicycles, including LEAFY BIKE(s). I am aware that the usual risks, hazards and dangers of personal injury, disability and death are greater with lack of experience.
I hereby agree to release and forever discharge LEAFY BIKES, LLC, and its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on LEAFY BIKES 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 LEAFY BIKE(s), use of any other equipment or property supplied by LEAFY BIKES, LLC or from any claim arising out of my presence upon the LEAFY BIKES premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of LEAFY BIKES, LLC, including its agents, employees, officers, directors, component manufacturers and/or any and all other persons or entities acting on LEAFY BIKES 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 LEAFY BIKES, LLC, and/or its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on LEAFY BIKES behalf.
I hereby certify that I am at least 16 years of age and am not purchasing a LEAFY BIKE(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 a LEAFY BIKE. 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 LEAFY BIKE(s) and executing this Contract, I assume all risks inherent in the purchase and use of an electric bicycle, and release LEAFY BIKES, LLC from any and all liability that may arise from my ownership and use of my LEAFY BIKE(s). This includes a release of LEAFY BIKES, LLC from any and all liability related to or arising out of a minor’s use of my LEAFY BIKE(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 LEAFY BIKE(s) and accessories; including warranty claims, defective product claims, physical injury claims, property damage claims and/or whether any of the aforementioned claims are arbitral, 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 Miami, FL. 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.