Section 1 Releases; No Warranties.
WHEN YOU PURCHASE A SCOOTER OR SCOOTER CHARGER, YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) DO FULLY AND FOREVER RELEASE, HOLD HARMLESS, PROMISE NOT TO SUE, AND DISCHARGE ALL RELEASED PERSONS FROM ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED PERSON ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE PRODUCTS. Such releases are intended to be general and complete releases and waivers of all Claims arising out of or in any way related to Your use of the product. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, and may do so as intended third-party beneficiaries of such releases, if appropriate.
WITHOUT LIMITATION OF THE FOREGOING GENERAL RELEASES, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED OR EXPANDED BY APPLICABLE LAW, GOSCOOTIN INC. AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO
(A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS RELEASE
(B) YOUR USE OF, OR INABILITY TO USE, THE SCOOTERS OR SCOOTER CHARGERS,
(C) YOUR BREACH OF THIS RELEASE INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THE AGREEMENT, OR YOUR VIOLATION OF ANY LAW, OR OF GOOD SAFETY PRACTICES,
(D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY GOSCOOTIN INC. OR ANY RELEASED PERSON,
(E) YOUR FAILURE TO WEAR A HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING SCOOTER, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR
(F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF GOSCOOTIN INC. OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
WITHOUT LIMITING THE BREADTH OF THE FOREGOING, YOU AGREE TO RELEASE GOSCOOTIN INC. AND ALL OTHER RELEASED PERSONS FOR ANY INJURY, DAMAGES OR LOSSES CAUSED BY THE ALLEGED NEGLIGENCE OF GOSCOOTIN INC. OR ANY OTHER RELEASED PERSON.
Section 2 Assumption of Risk; Indemnification
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE SCOOTER AT ALL TIMES. YOU UNDERSTAND THAT THIS AND OTHER SECTIONS IN THIS RELEASE DESCRIBE AND RELATE TO THE RISKS RELATING TO YOUR USE OF THE SERVICES. YOU AFFIRM THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE ENTIRE RELEASE. YOU AGREE THAT SCOOTERS ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE SCOOTER IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. YOU FURTHER AGREE THAT, BEFORE ANY USE OF THE SERVICES, YOU WILL PERFORM A SAFETY INSPECTION AND YOU WILL NOT USE A SCOOTER THAT FAILS THE SAFETY INSPECTION. YOU AGREE THAT RIDING A SCOOTER INVOLVES MANY INHERENT, OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO YOU OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED. Such risks, dangers, and hazards include and relate to, but are not limited to
- other vehicles
- scooters
- bicycles
- pedestrians
- other third parties
- buildings
- objects
- potholes
- wheelstops
- curbs
- docking plates
- delineators
- pavement cracks
- ruts
- uneven or unstable roadways or bike paths
- light rail or rail road tracks
- weather conditions
- road conditions
- animals
- road kill
- vegetation
- other permanent or temporary obstructions on or near roadways or bike paths
- the possibility of criminal or other third-party acts or omissions
- scooter or component malfunction
- electric scooter motors
- electric scooter batteries
- negligent acts or omissions by any released person
- Your or any third person’s negligent acts or omissions, and
- Your underlying known or unknown health conditions.
YOU AGREE THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE YOUR SOLE RESPONSIBILITY AND YOU ASSUME ALL RELATED RISKS.
You further agree that if Your use of a Scooter causes any injury or damage to another person or property, then You may be liable for all resulting injuries, damages, and related costs, and You agree to indemnify the Released Persons with respect to any such claims. By choosing to ride a Scooter, You assume full and complete responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards, and You agree that GoScootin Inc. and all other Released Persons are not responsible for any death, injury, damage, or cost caused by You with respect to any person or property, including the Scooter itself.