Aventon Abound Ebike

Personal Electric Vehicle Purchase and Use Waiver Agreement

Please read thoroughly before signing. This document serves as a release and disclaimer of liability, as well as a waiver of significant legal rights, including the right to seek compensation.

I'm willingly making this agreement to release, waive any claims, and accept all risks (this "Release") for the benefit of EZbike Canada, which is a company in Ontario, including its team, owners, workers, people they hire, their insurance folks, and their helpers. I'm letting you know that I fully understand, agree with, and confirm that:

1. I represent, warrant, and promise to EZbike Canada 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 a Personal Electric Vehicle; (b) I will never operate a Personal 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 a Personal Electric Vehicle; (d) I understand and acknowledge that the decision to operate a Personal 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 EZbike Canada with respect to making any decision concerning operation of a Personal Electric Vehicle or the conditions presented for such operation; (f) I will operate, and will cause others who operate my Personal Electric Vehicle to operate, the Personal 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 Personal 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 Personal Electric Vehicle and/or harm to me or others; (i) I will use, service, and maintain the Personal 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.
2. I understand that operating a Personal Electric Vehicle involves significant risk of physical harm or injury, including but not limited to falls, collisions, and interactions with pedestrians, animals, other vehicles, and fixed or movable objects. I acknowledge these risks and affirm that my use of such Personal Electric Vehicles will be in accordance with the province of Ontario’s applicable laws, regulations, and safety guidelines surrounding the operation of Personal Electric Vehicles.
3. I am responsible for reading and complying with all applicable local laws and regulations before purchasing and operating Personal Electric Vehicles. I will ensure that I am informed about specific requirements or restrictions that may affect the use of Personal Electric Vehicles in my area, including but not limited to age restrictions, helmet laws, and areas where operation is permitted. I understand that failure to adhere to local laws can result in penalties, fines, or other legal consequences. By proceeding with this purchase, I acknowledge the obligation to abide by all relevant laws and regulations.
4. I understand that such claims may include, without limitation, claims based on: negligence; defects in design, manufacture, sale, service, maintenance or inspection of the Personal 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.
5. I agree to operate the Personal Electric Vehicle in a responsible manner and within the operational guidelines provided by the manufacturer, including but not limited to wearing appropriate safety gear, following maintenance schedules, and adhering to manufacturer recommendations for off-road use. I understand that any deviation from these guidelines may increase the risk of injury or accident.
6. Should I choose to allow another individual to operate my Personal Electric Vehicle, I shall assume entire accountability for their safe and correct utilization of said vehicle. In the event that the aforementioned individual is aged 19 years or below (hereafter referred to as a "Minor"), irrespective of my relationship to the Minor, whether as a parent, legal guardian, or otherwise, I shall accept unconditional responsibility for the Minor's operation of the Personal Electric Vehicle. This includes ensuring their safety and well-being, along with the sole discretion to determine the Minor's competence to operate the Personal Electric Vehicle.
7. 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 Personal Electric Vehicles. In signing this Release, I waive, release, and forever discharge  EZbike Canada for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, my family and my heirs, or any loss or damage to property owned by me, my family and my heirs as a result of operating the Personal Electric Vehicle.

1. I further promise, covenant, and agree to indemnify, hold harmless and defend EZbike Canada from and against any and all claims, actions, causes of action, harm, injury, damages, losses, and judgments, resulting from, arising out of, related to or in connection with (a) operation of the Personal 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 EZbike Canada; and (b) any breach of any representation, warranty or promise set forth above in Section 1. Such claims include negligence; defects in design, manufacture, sale, service, maintenance or inspection of the Personal 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.

1. I hereby vow and covenant not to initiate or pursue any claims, legal actions, or proceedings against EZbike Canada, in the event of injury, fatality, or property damage stemming from, associated with, emanating from, or otherwise connected to my utilization of the Personal Electric Vehicle.
2. This Release is governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

I hereby absolve EZbike Canada of any and all forms of liability and obligation for any personal harm, demise, property damage, or other types of loss or damage, irrespective of causation, that I, or my kin, may endure due to any incident, happening, or mishap linked, directly or indirectly, to the use of the Personal Electric Vehicle. I recognize and consent, through this act of signing, to relinquish any potential claims or legal actions that I, along with my family, might possess against EZbike Canada. This includes relinquishing claims that could stem from actions or inactions on the part of EZbike Canada, which might be considered negligent, wrongful, or constituting a tort.

I further confirm that I have comprehensively reviewed and understood the entirety of this document. I am aware and acknowledge that by agreeing to this document, I may be forfeiting certain legal rights and remedies. I fully grasp and accept the terms of this document and its legal implications, which are binding upon myself, my family and my heirs.