
Hamilton Electric Bikes (HEB) Accident Waiver, Release of Liability, Assignment of Claims and Acknowledgement of Responsibility for Test Ride Participants
- Acknowledge and agree that it is my responsibility to provide myself with and to wear a properly fitted bicycle helmet when participating on an HEB test ride; and that I understand Ontario law as it pertains to bicycle helmets.
- Am at least 16 years of age; I understand that if I am 16 years of age or under it is unlawful for me to ride an electric bike on roads in Ontario and unlawful for me to misrepresent my age.
- Understand the rules of the road and the law as it pertains to bicycles.
- Certify that the HEB representative has adequately explained to me, and I understand: the hazards, increased power and speed, and other operational details of the electric bike, including operation of the control console, gear shifting, and the braking mechanism; I will not make any adjustments to the bike during the test ride beyond the console settings and gear shifting about which the HEB representative has instructed me.
- Certify that I am physically fit with no known physical or mental impairment and have prepared for participation on a test ride; I am not under the influence of any narcotic, alcohol or other drug that may impair my understanding or judgment and that I will not at any time during the test ride operate the electric bike under the influence of any narcotic, alcohol or drug.
- Consent to receive medical treatment, which may be deemed advisable in the unlikely event of injury, accident and or illnesses during the test ride; I agree to pay for any and all costs related to medical response, treatment and transport on my behalf.
- I am aware that the test drive activity will carry with it inherent risks that cannot be eliminated regardless of the level of care and precaution taken. Such risks will require my extra care and attention to detect and avoid. The risks of said activity will include but are not limited to, bruising, scrapes, scratches, sprains, broken bones and other injuries of possibly greater severity such as paralysis or death. I hereby accept and assume all such risks.
In addition, I fully understand and acknowledge that:
- These risks and dangers may be caused by the negligence of officers, directors, employees, agents, and service providers of HEB and/or the negligence of others, accidents, breaches of contract, uncontrollable forces of nature or other causes;
- By my participation on an HEB test ride and/or use of HEB equipment, I hereby assume all risks and dangers and all responsibility for any loss and/or damages, whether caused in whole or in part by the negligence or other conduct of officers, directors, employees, agents, or service providers to HEB, or by any other entity;
- I am not covered by any HEB or other warranty or policy of insurance;
- I am participating on a test ride at my own risk, freely and voluntarily without any inducement or duress.
- I, on behalf of myself, my personal and/or business representatives, next of kin and my heirs, assigns, and executors, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify HEB and officers, directors, employees, agents, and service providers of HEB from any and all claims, actions, or losses for bodily or mental injury, property damage, wrongful death or injury, loss of services, loss of income, or otherwise which may arise out of my use of HEB products or other equipment in connection with my participation on a test ride.
- I hereby certify that I have read this Waiver, Release and Assignment of Claims in its entirety, and I fully understand it and agree to its contents. This agreement is an entire agreement and I acknowledge and agree that no verbal or other written communication to me by HEB shall bind HEB.
- Where a portion of this agreement is barred by statute or by operation of law, the remainder of the agreement shall be of full force and effect.