Bicycle Store Test Ride Agreement: Release of Liability and Covenant Not to Sue
Bicycle Store Test Ride Agreement:
Release of Liability and Covenant Not to Sue
Below is a sample Bike Store Test Ride release which is explained in more detail in my podcast for this article. I also addressed this subject in an earlier Podcast and article entitled “Fairly Defining the Legal Risks of Bicycling”.
The intention in providing this information is to fairly protect Bike Shops/Stores, Race Organizers, Sponsors and the like from frivolous and unmeritorious claims so that the sport of bicycling thrives.
(The following form is merely a sample form; consult with a lawyer regarding your specific situation)
(Store Name) BICYCLE STORE TEST RIDE AGREEMENT:
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
(1.) I the undersigned for myself, my successors, heirs, assigns, executors, and administrators agree that riding a bicycle is a hazardous activity. Prior to participating in any bicycling activity, I carefully inspected the test bicycle and related equipment to be used, and I believe they are safe. I will immediately advise a supervisory person at ______________ and will not ride any bicycle that appears unsafe. I know how to safely ride the test bicycle.
(2.) I will wear a helmet at all times and also will wear appropriate clothing and shoes for bicycling. My eyesight and health are suitable for bicycling. I am aware of the bicycling laws of the State of California and will abide by them at all times. Also, I am familiar with the surrounding area and will exercise caution when bicycling.
(3.) I acknowledge and fully understand that I will be engaging in activities that involve risk of injury or death, including economic losses which might result not only from my injuries to myself or family members including medical or hospital bills, permanent or partial disability or death and damages to property, real or personal caused by or resulting from bicycling. I am aware that some of the hazards of bicycling include, but are not limited to, faulty equipment, wheels falling off, tires going flat, faulty brakes, loose handlebars, loose wheel axels, bolts, skewers, loose equipment, hidden bicycle manufacturing and design defects, collisions with other bicyclists, collisions with vehicles, collisions with pedestrians and dangerous or defective roads.
(4.) I covenant not to sue, and release, relinquish, waive and discharge ______________ Bicycle Store, its owners, it’s employees, investors, and any other businesses owned by ______________, or any owners or employees of the bike shop and anyone doing business with ______________ bicycle Store, from any and all liability, loss, damage, claim, or demand arising from or attributable to my participation in biking.
(5.) I am personally and expressly assuming all risks of riding a bicycle and will be personally responsible for any and all injuries to my self, any others, family members, as well as any and all property damage or other damages stemming from any lawsuit related to my bicycling.
(6.) I HAVE CAREFULLY READ THIS ENTIRE WAIVER AND RELEASE, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND DO SO VOLUNTARILY, KNOWINGLY, AND INTELLIGENTLY. I READ AND UNDERSTAND THE ENGLISH LANGUAGE.
DATE OF BIRTH
SIGNATURE OF PARENT IF UNDER 18
CALIFORNIA DRIVERS LICENSE NUMBER
STORE REPRESENTATIVE DATE
©Richard L. Duquette, Esq. All rights reserved 2017 – LEGAL ADVERTISING
www.911law.com * 760-390-5234 * Podcast: Bicycling and The Law 911law.com
The information in this article is for general information purposes only. The focus of this article is on California Law. You should contact an attorney in your state for case specific advice, as details of the law and procedural requirements vary from state to state. Nothing in this article should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship; and the receipt, reading, listening, or viewing of this content shall not constitute an attorney-client relationship. Nothing in this article shall be construed as a warrant, promise, or guarantee about the outcome of your case or any other matter. This information may contain personal impressions or statements of opinion on a subject that do not apply in your case. Further, statements of law reflect the current state of the law at the time of writing and/or recording, and may not reflect subsequent changes in the law.