GhostCat Bikes LLC
Release of Liability Waiver for eBike Purchase
I hereby acknowledge and agree that I am voluntarily purchasing an electric bicycle (“eBike”) from GhostCat Bikes LLC, a California limited liability company (“Company”). As a condition of this purchase, I understand and agree to the terms and conditions outlined in this release of liability waiver (this “Waiver”).
Assumption of Risk: I am aware that operating an eBike involves certain inherent and/or unanticipated risks and hazards, including but not limited to accidents, property damage, bodily injury, and death. I voluntarily assume all risks associated with the purchase, use, ownership, or operation of the eBike. I acknowledge that there are federal, state (including the State of California) and local laws, rules, ordinances and regulations relating to the use and operation of electronic bikes (“Laws”), and it is my responsibility and liability to understand and comply with all Laws, including without limitation those relating to the required age of a rider of an electronic bike, the permitted wattage and speed, and/or unlocking the wattage and speed restrictions of the electronic bike.
Release and Indemnification: In consideration of the sale and delivery by Company of the eBike, I, for myself and my heirs, representatives, executors, administrators, beneficiaries and assigns, hereby forever release and discharge Company and its affiliates, manufacturers, officers, managers, members, representatives, successors and assigns (“Company Parties”), from and against, and covenant not to sue Company or any other Company Party with respect to, any and all claims, liabilities, loss, actions, demands, expenses, and costs, including attorneys’ fees and court costs (collectively, “Losses”) whether present or future, known or unknown, arising out of or in any way connected to the purchase, use, ownership, or operation of the eBike including, without limitation, (i) relating to or on account of or as a result of accidents, property damage, bodily injury and death, and/or (ii) a violation of applicable Laws by me or otherwise with respect to the eBike, and/or (iii) failure to adhere to and/or bypassing the wattage and speed lock on the eBike.
I further agree to indemnify and hold harmless Company and the other Company Parties from and against any Losses incurred by Company or any other Company Party arising out of or in any way connected to the use, ownership or operation of the eBike.
Warranties: The warranties of Company, express of implied, to you are solely as may be set forth at https://ghostcatbikes.com/warranty. I assume full responsibility for the selection, use, and maintenance of the eBike.
Compliance with Applicable Laws: I agree to comply with all Laws relating to the ownership, use and/or operation of eBikes, including but not limited to Laws relating to eBike classification, wattage and speed restrctions, traffic laws, licensing requirements, and safety standards. I understand that failure to comply with these laws may result in legal penalties. I agree to take responsibility in determining the proper eBike classifications per applicable Law. Company is not responsible for determining eBike classification regulations; this solely my responsibility before purchase. I agree that the eBike will be used for private off-road use only when the eBike’s speed is unlocked through advance settings. I am aware of the dangers of unlocking the eBike’s speed and inherent risks and hazards, including but not limited to accidents, property damage, bodily injury, and even death. I voluntarily assume all risks associated with unlocking the off-road mode and adjusting the wattage and speed from the factory settings.
Severability: If any provision of this release of liability waiver is found to be unenforceable or invalid under applicable law, the remaining provisions shall remain in full force and effect.
I acknowledge and agree that Company is relying on my agreement to the foregoing. I have read this release of liability waiver carefully and understand its contents. I acknowledge that I am signing this document voluntarily and without any duress or undue influence.
By signing below, I confirm my receipt and acknowledgement of the above wavier, release and other terms.
Recipient’s Name: _______________________________________________________________
Recipient’s Address: ______________________________________________________________
Recipient’s Phone Number: ________________________________________________________
Recipient’s Email: ________________________________________________________________
Recipient Signature: __________________________________________________
Date:____________________________
Please ensure that you retain a copy of this Release of Liability Waiver for your records.