RELEASE/WAIVER OF LIABILITY/ASSUMPTION OF RISK/ INDEMNIFICATION (THE “AGREEMENT”)
In consideration of me being permitted to ride the following Pinarello demonstration bicycle: Dogma F at In Velo Veritas, LLC for the following period of time March 24-25, 2023, (the “Demo Ride”), I, the undersigned, for myself and for all my personal representatives, agents, assigns, heirs, and next of kin, including, but not limited to, any minors over whom I have legal or effective authority:
Acknowledge, agree, and represent that I fully understand the full nature and consequence of participating in the Demo Ride. I am qualified (specifically I acknowledge that I know how to ride a bicycle and understand how to operate all systems, including the braking and gear shifting systems, on the bicycle listed above), in the requisite good health and in the proper physical condition to participate in the Demo Ride, as is anyone under the age of eighteen that I have legal authority over, that I am allowing to participate in the Demo Ride. I further agree and warrant that if at any time I believe the conditions of the Demo Ride to be unsafe I will immediately discontinue any further participation in the Demo Ride and cease any other person’s participation in the Demo Ride.
Fully understand that the Demo Ride: (a) INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS AND DEATH (the “Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Demo Ride, the conditions in which the Demo Ride takes place, the conditions or set up of the Demo Ride or demo bicycles or thru the NEGLIGENCE, GROSS NEGLIGENCE, or INTENTIONAL MISCONDUCT of Cicli Pinarello S.r.l., Pinarello US, Inc., or any of the Releasees (as are more fully defined in section 3, below); (c) there may be other risks or social and economic losses either known, not known or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COST AND DAMAGES that I incur as a result of my participation in the Demo Ride.
HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE: Cicli Pinarello S.r.l., Pinarello US, Inc., or any of their respective, administrators, shareholders, directors, officers, employees, owners, agents, affiliates, successors and assigns, (all of the forgoing shall be referred to as the “Releasees”) from ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT, AND FOR THOSE MINORS OVER WHOM I HAVE AUTHORITY, WHETHER TO OUR PERSON OR PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE DEMO RIDE, INCLUDING NEGLIGENT RESCUE OPERATIONS, WHICH I ACKNOWLEDGE MAY COMPOUND OR INCREASE ANY DAMAGE. I FURTHER AGREE THAT IF DESPITE THIS AGREEMENT I, or anyone on my behalf, or on behalf of the minors over whom I have authority, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES and their insurance carriers from any litigation expenses, fees including court and attorney, loss, liability, damage, or cost which Releasees may incur as a result of such claim.
I HAVE READ THIS ENTIRE AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I, INDIVIDUALLY AND FOR THOSE MINORS OVER WHOM I HAVE AUTHORITY, HAVE GIVEN UP AND WAIVED SUBSTANTIAL RIGHTS THROUGH MY SIGNATURE AND HAVE SIGNED THIS AGREEMENT VOLUNTARILY AND FREELY WITHOUT INDUCEMENT, DURESS OR ANY ASSURANCES OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, FOR ME AND FOR THOSE MINORS OVER WHOM I HAVE AUTHORITY, AND I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT, NOTWITHSTANDING ANY INVALID PORTION OF THIS AGREEMENT.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA; ANY DISPUTES ARISING OUT OF THIS AGREEMENT SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS IN AND OF MECKLENBURG COUNTY NORTH CAROLINA.
Every term and provision of this Agreement is intended to be severable. If any one or more terms is found to be unenforceable or invalid, that finding shall not affect the other terms and provisions of this Agreement.
No further representations, statements, warranties or inducements, whether written or orally have been made apart from the forgoing written Agreement. This Agreement represents the entire understanding between the parties and supersedes all prior communications, agreements, and understandings related to the subject matter of this Agreement.