Bonnell Electric Limited
Release of Liability and Waiver of Claims
(Please read carefully and, if in doubt, seek independent legal advice before signing.)
I agree and acknowledge that I am voluntarily requesting to test ride electric bike(s) (the “Vehicle(s)”) provided to me by or on behalf of Bonnell Electric Limited (the “Company”) at my request solely for the aforesaid purpose subject to the terms of this declaration.
In consideration of being permitted to test ride the Vehicle(s), I hereby unconditionally and irrevocably agree, acknowledge and confirm that:
I am physically and mentally fit and I do not suffer from any medical or mental conditions or health-related problems that would prevent me from operating such Vehicle(s) or potentially put myself at risk. I am fully aware of my own physical and other limitations and I understand that the Company will not make any evaluation or recommendation as to my physical or mental fitness to test ride the Vehicle(s) and that no statement or action of the Company with respect to whether I am sufficiently physically and mentally fit to test ride the Vehicle(s) should be construed as such evaluation or recommendation;
I will follow all safety instructions given to me, whether orally or in writing, and all applicable laws and rules during my test ride. I will not dismantle, modify, repair, deface or otherwise tamper with the Vehicle(s) or attempt to do so. The Company has the sole discretion to discontinue my use, operation and/or riding of the Vehicle(s) at any time;
I am fully aware of the inherent risks of using, operating and/or riding the Vehicle(s) and that my improper operation of the Vehicle(s), such as failure to abide by the laws, rules, guidelines, signage, directions and instructions applicable to the use, operation, riding, parking and/or charging of the Vehicle(s) and activities at the test ride venue(s) (“Venue(s)”), may pose a risk of serious bodily injury, property damage or, in rare cases, death to the operator of such Vehicle(s). Such risks may also result from the actions, omissions or negligence of others, the conditions of the Venue(s) which is not managed by the Company, vehicular traffic, weather and other factors not known or reasonably foreseeable at this time;
by requesting to test ride the Vehicle(s), I VOLUNTARILY ASSUME ALL RISKS of using, operating and/or riding the Vehicle(s), whether or not such risks arise from negligence, carelessness or recklessness on the part of the Company or its subsidiaries or affiliates or their respective directors, officers, employees, agents, consultants or contractors, or the organizer, manager or owner of the Venue(s);
I unconditionally and irrevocably RELEASE, WAIVE AND DISCHARGE any and all existing and future rights, claims, demands, proceedings, costs and liabilities for any and all loss, damage, disability, injury or death arising from or occasioned by the use, operation, riding, parking and/or charging of the Vehicle(s) (“Claims”) against the Company and its subsidiaries and affiliates and their respective directors, officers, employees, agents, consultants and contractors (“Released Parties”), to the greatest extent permissible under the applicable law;
I agree not to initiate any legal proceedings or demands against any Released Party for Claims and agree to hold harmless and indemnify the Released Parties and their insurers from and against any and all Claims and/or liabilities (including any reasonable legal fees in defending Claims) including but not limited to, or made as a result of, any and all loss, damage, disability, injury or death, arising from or occasioned by the use, operation, riding, parking and/or charging of the Vehicle(s), even if caused by the negligence or fault of any Released Party or any other person with respect to the design, manufacture, repair or maintenance of the Vehicle(s) and the conditions, qualifications, instructions, rules or procedures under which the test ride is conducted;
the Company is not responsible for the errors, acts or omissions of any third party which manufactures, maintains or controls the Vehicle(s) or manages or controls the Venue(s); and
the Company has not taken out and does not maintain any insurance of any kind for my benefit or that of my executors, administrators, heirs, next of kin, successors and assigns.
This declaration shall be construed broadly to provide a release of liability and waiver of claims to the greatest extent permissible under the applicable law. If any portion of this declaration is held invalid or unenforceable by a court of competent jurisdiction, the remaining portion shall remain in full legal force and effect.
I hereby unconditionally and irrevocably grant the Company, other Released Parties and its licensees and agents full, perpetual and worldwide permission to use my name and to take, utilize, publish and record photographs, audio, videos, films or other records of my use, operation and/or riding of the Vehicle(s) which may depict, record or refer to me for publicity purposes and general commercial use concerning the Vehicle(s) without any compensation.
I hereby certify that I have carefully read and fully understand the terms and contents of this declaration. I acknowledge that I understand the consequences and implications of this declaration and I am aware that by agreeing to the terms herein, I am waiving certain legal rights and that the terms herein will be legally binding on myself, my executors, administrators, heirs, next of kin, successors and assigns. I further acknowledge that I sign this Agreement of my own free will without inducement or assurance of any nature or in any form.
This declaration shall be governed by and construed in accordance with the laws of Hong Kong. I agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong in relation to any disagreement or dispute arising out of this declaration. Save as provided herein, no other parties may enforce any terms of this declaration under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) and/or any comparable law in any jurisdiction.
By invitation
