I, [ First Name ] [ Last Name ], Customer (or Natural Guardian) of: [ Minor Child ], (who is age 16 or older (“Minor Child”)), in exchange for Flaunt Electric Vehicles, Inc.’s agreement to permit me to test, use, operate, rent, or purchase the following electric powered vehicle or product (model/color/fleet no. [ Product ] (“Product”), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by me, make the following acknowledgments, representations, waivers, releases and agreements:
WARNING – Use of Product exposes user to unexpected risks, dangers, and hazards, including risk of serious injury or death. Use extreme caution at all times. Never act carelessly or misuse product. You are responsible for your own safety and use of personal protective equipment. Never operate without adult supervision if under age of 18. Never operate under the influence of drugs, alcohol, or medication.
I have previously operated similar products, or have received instruction and a test drive and can safely operate the product as it is intended.
I have no medical or other condition which may prevent me from operating the Product safely. I further confirm that I am not under the influence of drugs, medication, or alcohol that would impede my operation of the product.
I acknowledge that operating the product may have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate, and I expressly and voluntarily assume all risk of death or personal injury sustained while operating the product whether or not caused by the negligence of the Flaunt.
I acknowledge that use of a helmet is required to use, rent or test the Product (and that additional personal protective equipment including, but not limited to knee, elbow, and wrist pads, recommended for an electric skateboard or OneWheel) is my responsibility but will not eliminate all risks. I accept all risks associated with my failure to use recommended safety equipment.
I will not allow the product to be used or operated: by anyone other than me; for hire; in a test, race or contest; on unpaved roads, loose ground, dirt, sand or through water; in any prohibited locations; in a location that would be a nuisance. I will not permit the Bicycle to be used for an Illegal purpose, including the transportation of a controlled substance or contraband.
I am responsible for all losses and/or damage to the Product, regardless of fault, including theft or vandalism. If the Product is damaged, I agree to pay the reasonable costs of repair and diminution in value (if any), or retail fair market value if repairs are impractical, as well as loss of use, a reasonable administrative fee, towing, pick-up and/or storage charges. In the event of theft, I shall be responsible for paying loss of use plus the fair market value. I am also responsible for any losses for: (1) abuse, reckless use, or prohibited use or operation of the product; (2) my failure to promptly report an incident or theft accident to the police and Flaunt ; (6) obtaining use of the Product through fraud or misrepresentation; or (7) using the Product for an illegal purpose. I authorize Flaunt to collect from a responsible third party any loss and/or damage to the product.
Flaunt is not responsible for any property damage or injury to third parties as a result of the operation or use of the Product and agree to indemnify, defend and hold Flaunt harmless as to any claim by a third party arising out of my operation or use of the Property.
I acknowledge and assume all risks, including but not limited to death or serious bodily injury, which may result from the operation of the Product on streets, roads, bike paths, bike lanes, and in traffic, including but not limited to the risks of serious bodily injury or death from falling off the Bicycle, colliding with other bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffer sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, and relating to weather conditions. Despite knowing all associated risks, I voluntarily assume all risks of personal injury and/or damage in the operation of this Product and agrees to hold Flaunt harmless from all claims of injury or damage.
I, on behalf of my heirs, representatives and assigns, hereby voluntarily waive, release, indemnify and hold Flaunt as well as its owners, officers, agents, partners, employees, and subsidiaries, harmless from any and all liability, claims, demands, actions, damages, of injuries, or any kind whatsoever, arising from or related to the test, use, rental, purchase, control, instruction, training, and/or operation of the Product, including but not limited to, damages or injuries caused in whole or in part by the negligence of the Flaunt. If I or anyone related to or connected to me in any manner makes a claim against the Flaunt, Inc. then I will pay all demands, claims, judgments, fees, costs, etc. incurred by or assessed against Flaunt.
Fla. Stat. 744.301 7NOTICE TO THE MINOR CHILD‘S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF MINOR CHILD USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM FLAUNT ELECTRIC VEHICLES, INC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND FLAUNT ELECTRIC VEHICLES, INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Voluntarily agreed to by (Customer/Guardian):
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