ONYX Motorbikes, Inc.
Waiver of Liability, Assumption of Risk and Indemnity Agreement
Facility Grounds Activity Waiver
Facility: Onyx Los Angeles Shop, 1924 A E Maple Ave., El Segundo, CA 90245
Are you under 18
: If so, STOP HERE: We do not allow minors to participate in activities at our Facilities. You can test ride outside our facilities if you are 16 years or older and your parent signs a waiver on your behalf. See Mandatory Test Ride Waiver
As an outdoor activity company, ONYX Motorbikes, Inc. understands that its employees and visitors share our enthusiasm for thrills and wheeled sports. However, we also require that you share our enthusiasm for safety and necessary precautions. If you are test riding one of our vehicles, please also execute our separate test ride waiver.
If you are participating in activities as an employee or invitee/visitor to our work site, we understand you may be participating in such sports and activities at our Facility outside normal work hours and without our supervision. No employee should participate in unrelated sports activities during the employee’s scheduled work hours; however, if an employee, while not working, or any visitor, uses the Facility indicated below for any sports activity of any type, whether motorbike/electric bike/street bike riding, skateboarding, tricks, aerobics or activities of a similar nature, all are subject to the following terms:
Waiver: In consideration of your use, which does not by this agreement imply permission, at all future dates, of the Facility or any equipment located thereon, I, the undersigned, for myself, my heirs, personal representatives and assigns, do hereby release, waive, discharge and covenant NOT to sue Onyx Motorbikes, Inc./Onyx Motorbikes Global Holdings, LLC, and each and all of its shareholders, directors, officers, managers, members, employees, landlords, insurers, attorneys and agents (collectively, the “Onyx Parties”) from any and all claims including negligence of any Onyx Parties or the undersigned resulting from personal injury accidents, or illness (including death) and property loss arising from, but not limited to, participation in, observation of, and use of the Facilities, assistance with activities at the Facility premises or equipment located thereon.
Assumption of Risk: I agree that I have been advised to wear a helmet at all times when performing activities with risk of injury at the Facility and also agree not to engage in risk activities, including riding and “wheeled equipment” tricks or acrobatics. Physical activity in particular with wheeled activity by its nature carries the inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The Onyx Facility has improvements that are used for testing and use of wheeled equipment and other ancillary activities. If you use our facilities for ANY wheeled activities unless expressly authorized as an employee of Onyx, you are engaging in physical activity that is dangerous, strenuous, uses various muscle groups and your brain, some involve quick movement in speeds and velocity or direction. The specific risks vary by precautions you take including all required safety gear. Risks include minor to major injuries, including some that may be permanent, or result in catastrophic events such as paralysis and death.
I acknowledge having read the previous paragraphs, and know, understand and appreciate the risks inherent in wheeled equipment, including motorized or non-motorized sports, and hereby asserts that participation is known, voluntarily and with full assumption for all risks of any type. Nothing contained herein shall release the Onyx parties from liability from injuries sustained as result of direct work-related activities while scheduled for work at the direction of Onyx.
Indemnification and Hold Harmless: I also agree to INDEMNIFY and HOLD the Onyx Parties HARMLESS from any and all claims, actions, suits, procedures, costs, expense, damages and liabilities, including attorneys’ fees, brought as a result of my involvement in non-direct employment related activities as the Facility.
Severability: I further expressly agree that the foregoing wavier and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of California, and that if any portion or portions thereof is held invalid, it is agree that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risks, and indemnity agreement, fully understands its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree this can be signed electronically and an electronic of scanned copy shall be binding on me as if any original.