TERMS OF PURCHASE, RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
BY PURCHASING ANY PRODUCT FROM EPIC CYCLES OR EPICCYCLES.CA, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING.
PLEASE READ CAREFULLY!
BY COMPLETING A PURCHASE FROM EPIC CYCLES OR EPICCYCLES.CA I AGREE TO, ACCEPT, AND UNDERSTAND ALL OF THE FOLLOWING:
I the undersigned for myself, my successors, heirs, assignees, executors, and administrators as a condition to purchasing equipment from Epic Cycles or epiccycles.ca, hereby represent and warrant that (a) I am over the 18 years old and/or (b) I am authorized as an agent to sign this Agreement for all of my included family members as well as any other person, whether adults or minors, who are or will be purchasing or using the Equipment to participate in Activities offered by Epic Cycles (all such persons, other than myself, a “Participant”. As used herein, “Epic Cycles” means Epic Cycles – Magnum Electric Bikes, from which I am purchasing or using Equipment, “Activities” means biking, scootering, e-biking, e-scootering, repair, upgrades, conversions, or other shop services and/or any other uses of the area, facilities, activities, equipment or services of Epic Cycles, and “Equipment” means any and all items that are available for use or purchase from Epic Cycles, including but not limited to e-bikes, e-scooters, bicycles, scooters, and any other motorized or non-motorized equipment. Whenever “I” or “me” is used in this Agreement, I am intending to include all other Participants without having to restate that intent every time “I” or “me” is used.
I AGREE AND UNDERSTAND THAT USING THE EQUIPMENT AND PARTICIPATING IN THE ACTIVITIES IS HAZARDOUS, THAT INJURIES AND DEATH ARE INHERENT RISKS OF SUCH PARTICIPATION AND I FREELY ACCEPT AND ASSUME ANY AND ALL RISK OF INJURY OR DEATH, TO MYSELF OR OTHERS, THAT MAY RESULT WHILE USING THE EQUIPMENT AND PARTICIPATING IN THE ACTIVITIES. I understand and agree that this Agreement will remain in effect until revoked in writing by me or another Participant and cannot be modified.
I accept for use “AS IS” and without any warranty express or implied, all Equipment purchased for an Activity and to return either before use or promptly after discovery for replacement, repair or service any Equipment I have reason to believe to be damaged or defective. I understand that there are many hazards related to the use of the Equipment. I understand that components of the Equipment or the Equipment itself including but not limited to bicycle frames, forks, handlebars, wheels, brakes, axels, bolts, skewers, tires, and other parts may fail or become a hazard due to many reasons including but not limited to a design or manufacturing defect, overloading, stress, wear, or collisions with other bicyclists, vehicles, terrain or other objects. I understand that defects or failure of the Equipment are hazardous and inherent risks of using the Equipment and that such hazards can result in injury or death. I understand that collisions with other bicyclists, collisions with vehicles, collisions with pedestrians and dangerous road conditions or defective roads can result in INJURY OR DEATH and are inherent risks of any of the above Activities. I understand that I will be subject to and/or responsible for any and all medical or hospital bills, permanent or partial disability, death, damages to property, real or personal caused by or resulting from the use of the Equipment and the engagement in any and all Activities including but not limited to the purchase, testing, and use of the Equipment.
I acknowledge that I have been advised by Epic Cycles and their website, technicians, staff or personnel to wear a helmet at all times as well as appropriate clothing and footwear for bicycling, scootering, or any and all other motorized or non-motorized activity involving the use of any or all of the Equipment. I covenant that I or the Participant will exercise caution when engaging in any Activities and any use of the Equipment. I understand that, in adherence with the HIGHWAY TRAFFIC ACT, R.S.O. 1990, C. H.8, I and/or any Participant is always required to wear a helmet while operating the Equipment. I and/or any Participant I represent agree to always wear a helmet while operating the Equipment. I fully understand that, although I may be wearing safety accessories including but not limited to a helmet, appropriate footwear, and clothing, safety accessories cannot guarantee my or another Participant’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord.
I understand that I or a Participant will be engaging in Activities that involve inherent risks of INJURY OR DEATH, as well as other hazards including but not limited to medical or hospital bills, permanent or partial disability, damages to property, real or personal.
By purchasing Equipment from Epic Cycles or Epiccycles.ca, I, on behalf of myself and all other Participants, acknowledge the risks and dangers associated with purchase and use of the Equipment and participation in the Activities and, as a condition to being allowed to purchase Equipment from Epic Cycles and/or participate in any Activities involving the Equipment agree to (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH while using the Equipment and while participating in any Activity; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against any of Epic Cycles and each of their respective insurance carriers, owners, parents, subsidiaries, affiliates, officers, directors, shareholders, members, representatives assignees, employees, volunteer and agents, as well as any Activity sponsors and Equipment manufacturers and distributors, shop or service technician (hereinafter, collectively, “Released Parties” and each a “Released Party”) that ARE BASED ON, ARISE OR RESULT FROM, IN WHOLE OR IN PART (I) ANY MISREPRESENTATION, BREACH OR FRAUDULENT EXECUTION IN OR OF THIS AGREEMENT, (II) ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O 1990, C.O. 2 ON THE PART OF THE RELEASED PARTIES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASED PARTIES TO SAFEGUARD OR PROTECT ME/THE PARTICIPANT FROM THE RISKS, DANGERS, AND HAZARDS OF BIKING, SCOOTERING, E-BIKING, E-SCOOTERING, TESTING, AND OTHER ACTIVITIES REFERRED TO IN THIS AGREEMENT, and (iii) use of the Equipment and participation in any of the Activities. I further agree NOT TO SUE, and to INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS from and against ANY AND ALL claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to any of the foregoing including, but not limited to, any loss, damage or injury, including death, that may be sustained by me or a Participant or caused to others or their property by me or a Participant. I agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending any investigation, claim or suit brought by me or any Participant, or on his, her, their, or my behalf.
I agree that ALL claims arising from or related to the Equipment or any Activity, including for injury to person or property and/or death, and this Agreement, shall be GOVERNED BY THE LAW OF THE PROVINCE OF Ontario, without regard to any conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be in the relevant court in the Province of Ontario. I VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION.
This Agreement is legally binding contract enforceable to the fullest extent permitted by law. If any provision or part of this agreement is found to be unenforceable, the remaining terms, provisions, or parts shall be enforceable to the full extent permitted by law. This Agreement shall be binding upon my and each Participant’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. I further understand that by doing so I am agreeing to PERSONALLY INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all claims brought by or on behalf of any Particpant(s), or any person on whose behalf I have executed this Agreement, should they refuse to accept or carry out the terms and conditions of this Agreement.
I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT AND APPLY EVERY TIME I OR A PARTICIPANT ENGAGES IN ANY ACTIVITY LISTED IN THIS AGREEMENT, WITHOUT REQUIREMENT ME TO SIGN AN ADDITIONAL AGREEMENT FOR EACH TIME I OR A PARTICIPANT ENGAGES IN ANY ACTIVITY LISTED IN THIS AGREEMENT until a new release of liability and waiver of rights is executed by or on behalf of Me or a Participant, as required by the Epic Cycles Owners and Operators.
Important links to read carefully:
- E-bike FAQs MTO – http://www.mto.gov.on.ca/english/driver/electric-bicycles-faq.shtml
- Highway Traffic Act – Particularly S. 38, 103.1, 104, 160, 178 – https://www.ontario.ca/laws/statute/90h08#BK366
- Toronto Cycling Laws – https://www.toronto.ca/services-payments/streets-parking-transportation/cycling-in-toronto/cycling-and-the-law/
|I HAVE CAREFULLY READ THIS AGREEMENT AND THE DOCUMENTS IN THE IMPORTANT LINKS SECTION LISTED ABOVE, UNDERSTAND ITS CONTENTS AND ACCEPT IT WILL FULL KNOWLEDGE OF ITS SIGNIFICANCE. BY PURCHASING OR PLACING ANY ORDER WITH OR THROUGH EPIC CYCLES OR EPICCYCLES.CA , I WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY BEHALF OR ON BEHALF OF ANY OTHER PARTICIPANT NAMED IN THIS AGREEMENT.