RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”)
I am aware of the risks, dangers and hazards associated with motorized bicycles and I freely accept and fully assume all risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.
1. ASSUMPTION OF RISK
U-MOTO ENTERPRISES, LLC.(who is doing business as UMOTOBIKES.COM), U-LINK GLOBAL DISTRIBUTIONS, LLC, nor any dealer of U-MOTO ENTERPRISES, LLC and U-LINK Global DISTRIBUTIONS, LLC, have not made any representation to me as to the suitability, legality, condition or safety of motorized bicycles. I understand that driving a motorized bicycle involves inherent risks and dangers of accidents, property loss or damage, serious personal and bodily injury, death, and severe social and economic losses. These may result not only from my own actions, inaction, or negligence, but also from, without limitation, the actions, inaction, or negligence of others, or the condition of the motorized bicycle. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume these risks.
2. RELEASE FROM LIABILITY
I fully and forever release and discharge U-MOTO ENTERPRISES, LLC.(the released party) (doing business as UMOTOBIKES.COM) , U-LINK GLOBAL DISTRIBUTIONS, LLC, and any dealer of U-MOTO ENTERPRISES, LLC AND U-LINK GLOBAL DISTRIBUTIONS from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with the motorized bicycle , even if it is due to the negligence or other fault of the released party.
3. COVENANT NOT TO SUE
I will not initiate any claim, lawsuit, court action or other legal proceeding against the released party, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me or others in connection with the motorized bicycle, and I waive any right I may have to do so. This means that I cannot sue to hold the released party responsible for any injuries, losses, or damages that I may experience resulting from, related to, or in connection with the motorized bicycle, even if it is due to the negligence or other fault of the released party. I waive my insurers’ right to make a claim against the released party based on payments by insurers to me or on my behalf for any reason. This means my insurers have no right of subjugation against the released party.
I will hold harmless, indemnify, and reimburse the released party from and for all damages, sums, costs, or expenses (including legal fees) incurred by the released party or paid by them to any person (including me or my insurers) relating to or in connection with any accident, injury (including death), loss, or damage sustained by me or others in connection with the motorized bicycle. This means that I will reimburse the released party if anyone makes a claim against them based on any accident I may be involved in or any injuries, losses, or damages I may suffer.
5. NO INSURANCE; NO MEDICAL EXPENSES
I understand that U-MOTO ENTERPRISES, LLC. (doing business as UMOTOBIKES.COM), U-LINK GLOBAL DISTRIBUTIONS, LLC, nor any dealer of U-MOTO ENTERPRISES, LLC does NOT provide me with any insurance, either life, medical or liability, for any illness, accident, injury, loss or damage that may arise in connection with the motorized bicycle. If I want insurance of any kind, I must obtain my own. I will pay my own medical emergency expenses and all subsequent medical expenses in the event of any illness, accident or injury resulting from, relating to, or in connection with the motorized bicycle.
I acknowledge, agree and represent that I understand the nature of motorized bicycle riding. I further acknowledge that I might ride the motorized bicycle on public roads and facilities open to the public and upon which the hazards of traveling are to be expected.
I have read this agreement, fully understand its terms, and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. This release and waiver supersedes any oral or written statements made by or to me in connection with the motorized bicycle, spare parts, and/or service. I understand that I cannot terminate, cancel, or revoke this release and waiver for any reason. There is no warranty, expressed or implied on any products we sell. I am eighteen (18) years of age or older. I have read this release and waiver carefully, fully understand its contents, and voluntarily agree to its terms. Some of our products are not carb legal and are for for off road and closed circuit racing only. BY PURCHASING PRODUCTS FROM U-MOT OR ANY OF ITS AFFILIATES YOU UNDERSTAND AND AGREE THAT THE PRODUCTS ARE INTENDED FOR CLOSED COURSE “RACE TRACK ONLY” EVENTS ONLY AND NOT INTENDED FOR STREET USE.YOU UNDERSTAND AND AGREE THAT ALTHOUGH U-MOTO HAS NO CONTROL OVER THE ACTUAL USE OF THE PRODUCT, YOU UNDERSTAND AND AGREE THAT THE PRODUCTS ARE NOT COMPLIANT WITH ENVIRONMENTAL PROTECTION AGENCY (E.P.A.) OR CALIFORNIA AIR RESOURCES BOARD (C.A.R.B.)NOISE OR EMISSION REGULATIONS FOR USE ON/OFF PUBLIC ROADS. BY RECEIVING AND USING PRODUCTS FROM U-MOTO YOU RELIEVE AND INDEMNIFY U-MOTO AND/OR ANY OF ITS AFFILIATES, EMPLOYEES, OWNERS, OFFICERS AND OTHER PERSONS/ENTITIES ACTING ON THEIR BEHALF(COLLECTIVELY, ANY “AFFILIATED PARTY” FROM ANY AND ALL RELATED COSTS AND LIABILITIES, AND YOU ASSUME ANY AND ALL RISK AND LIABILITIES ASSOCIATED WITH THE USE OF ANY U-MOTO PRODUCTS.
It is the responsibility of the buyer to find out the laws pertaining to the use of any item before purchased. Products that are not carb exempt are legal in most circumstances. Some parts may very in appearance, but will function identical to any items pictured in our promotional materials. You have 72 hours from the time of delivery to report any broken, damaged or missing parts/pieces. At our discretion we will replace said items. Past 73 hours from delivery time we are no longer able to do so. If we see fit to exchange any parts, buyer agrees to pay any and all costs relating to shipping. There are no returns for any product. By purchasing any products from us you or the end user (consumer) agree to ALL these terms and conditions.
U-MOTO ENTERPRISES, LLC.
U-LINK GLOBAL DISTRIBUTIONS, LLC.