If I believe the bike provided to me is not functioning properly, I will stop using it and will return to the facility and advise the applicable ONYX representative.
I EXPRESSLY ACKNOWLEDGE BY MY SIGNATURE HERETO THAT I HAVE BEEN OFFERED AND REVIEWED SAFETY INSTRUCTIONS AND WILL INQUIRE AS TO ANY FURTHER INSTRUCTION I DESIRE PRIOR TO INITIATED A TEST RIDE.
Assumption of Risks and Release: I hereby assume the risk of all of the above-mentioned risks, hazards and dangers, and any harm, injury or loss that may occur to me or my property as a result of my use or test of an ONYX vehicle or ONYX supplied equipment including, but not limited to, any risks, hazards or dangers caused by the negligence of 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”). I expressly further release and discharge all Onyx Parties for injury, loss or damage arising out of my or my family's use of an Onyx vehicle or any associated equipment used therewith, whether caused by the fault of myself, my family, an Onyx Party or any other third party. This release includes, but is not limited to, claims based on: negligence; defects in the design, manufacture, adjustment, maintenance or inspection of the Onyx Motorbike and related equipment; failure to provide, inspect, or maintain the area where the Onyx Motorbike is ridden; and failure to provide proper instruction, technical direction or safety equipment. I agree NOT TO SUE or make a claim against the Onyx Parties for injuries or damages relating to use of the Onyx Motorbike and related equipment. This Section does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be excluded by agreement.
I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Onyx Parties against any and all claims related to Onyx vehicles or provided equipment, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Onyx Parties against any and all claims for my own negligence, and any other claim arising from my use of the Onyx Motorbike or related equipment. In accordance with these promises, I will reimburse the Onyx Parties for any damages, reasonable settlements and defense costs, including attorneys’ fees, they may incur because of any such claims made against the Onyx Parties. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representatives, executor, administrator or guardian will be obligated to respect and enforce them.
Consent for Use of Images: I understand that during my test ride Onyx Motorbikes may offer to capture photographs and images of me for marketing purposes. I hereby give the Onyx Parties the absolute and irrevocable right to use my name, quotes and/or photos and images on the Internet (World Wide Web), in print publications, video and multimedia presentations, and/or for any purpose which may include, but is not limited to display, public relations, marketing, or designs. I also understand that my name and/or the images may be used for display or advertisement for the web site and/or literature published. I hereby waive the right to inspect or approve the images prior to any form of usage. I understand that the images may be modified to be used as design elements. By signing this Agreement, or by signing this Agreement on behalf of a minor in the state of California, I am giving Onyx Motorbikes the right to use my name and own the images and use them for any purposes without further approval from me. I am releasing all rights to any images. The agreements in this section constitute a permanent licensing agreement that allows the Onyx Parties to use any images, quotes and/or my name for any publishing purposes in the promotion of Onyx Motorbikes. I will not hold the Onyx Parties responsible for any use or misuse of my name, quotes and/or the images. I agree to hold harmless the Onyx Parties from any and all actions, claims, and demands arising out of or in connection with the use of all or any part of the photographs (including computer images or reproductions of any kind), including any editorial or comment which may accompany the images in their displayed format and/or my name. I will not hold any Onyx Party liable for any errors, negligence, or gross negligence, in the editing or displaying of said images, quotes and/or in the use of my image.
I agree that the purpose of this Agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by California. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
This Agreement is governed by and construed in accordance with the laws of the state of California, without any reference to choice of law rules. In any litigation in which the validity or enforceability of this Agreement is contested, I agree that any party contesting the Agreement will pay all attorneys’ fees and costs of the parties seeking to uphold the Agreement. I have fully informed myself of the content of this Agreement by reading it before signing it. I agree that no oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Onyx Motorbikes has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
The invalidity or un-enforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I HEREBY CERTIFY, by signing below, that I am of legal age, 18 years of age or older (or using the alternative signature for a minor below) that I am the parent or legal guardian of the identified minor. I have read this Agreement and fully understand the content contained herein. By signing below, I agree to all the terms and conditions of this Agreement. I agree this can be signed electronically and an electronic of scanned copy shall be binding on me as if any original.