Flatworks plyfly, Инструкция по сборке

Страница: 77 / 79

15
07
18
P
LY
FL
Y
re
v
A_
Le
ga
l | August 5, 2015 10:38 PM
Legal
Assumption of Risk, Waiver and Release of Liabilities and Indemnity
Agreement
I, the undersigned, on behalf of myself, (and, if applicable, my minor
child or ward listed below), as well as my spouse, heirs, estate, insurers
and assigns (all collectively hereinafter referred to as “I” or “me” or “my”,
as the case may be), in consideration of being permitted to use and
operate (whether via a test drive prior to purchase or otherwise) the go
kart equipment of The Flatworks, LLC, a Rhode Island Limited Liability
Company (hereinafter “Flatworks”), at its premises and facilities located
at 11 Waites Wharf, Newport, Rhode Island or at any other locale, and for
other good and valuable consideration, do hereby covenant and agree as
follows:
1. I fully understand and acknowledge that I, like all potential customers of
Flatworks and others desiring to test drive or otherwise use and operate
its go-kart equipment, as a condition of such use and operation, must first:
a) read, understand, and agree to this Assumption of Risk, Waiver and
Release of Liabilities and Indemnity Agreement (the “Agreement”); and b)
read, understand, adhere to, and abide by the safety rules and instructions
of Flatworks related to the use and operation of its go‑kart equipment.
2. I fully understand and acknowledge that: a) using and operating a
motorized go‑kart is an inherently dangerous activity and that participation
in this activity involves risks of damage to or loss of my property or the
property of others and risks of bodily injury to me or others, including
injuries such as bruises, lacerations, sprains, fractures and, in extreme
cases, disability, paralysis and death; b) such dangers and risks may be
caused, in whole or in part, by my own actions or inactions, the actions
or inactions of others, the condition of the go‑kart equipment and the
condition and the layout of the facilities on which they are used, and/or
the negligence of others, including the Protected and Released Parties (as
defined below); and c) there may be other dangers and risks associated
with this activity which at this time are unknown or that are not readily
foreseeable by me or others.
3. I fully understand and acknowledge the demands of this inherently
dangerous and risky activity relative to my personal knowledge, experience,
skills, aptitude and abilities, as well as my current physical and medical
condition and level of fitness, and nevertheless knowingly and voluntarily
accept and assume such dangers and risks, and further assume full
responsibility for any and all liabilities, losses or damages, including
any direct or consequential damages, resulting from or related to my
participation in this activity, including, but not limited to: any and all damage
to or loss of my property or the property of others; personal injuries to me
or others of any type, including disability and death; and any legal fees,
costs or other expenses related to such damages and/or injuries, expressly
including, but not limited to, those alleged to be caused, in whole or in part,
by the negligence of the Protected and Released Parties (as defined below).
4. I hereby agree to waive, release, discharge and covenant not to sue
Flatworks or any other person or entity associated or affiliated with these
entities, including, but not limited to, their owners, shareholders, directors,
officers, members, partners, employees, volunteers, agents, subsidiaries,
related and affiliated entities, and successors and assigns (all hereinafter
referred to as the “Protected and Released Parties”) from liability for any
and all claims, suits, demands, liabilities, losses or damages arising from
or relating to my use and operation of Flatworks’ go‑kart equipment, my
participation in any related activities, and my presence on the premises
and facilities of the Protected and Released Parties. This waiver, release,
discharge and covenant not to sue applies, but is not limited to, any and
all liabilities, losses or damages, including any direct or consequential
damages, resulting from or related to my participation in this activity,
including, but not limited to: any and all damage to or loss of my property
or the property of others; personal injuries to me or others of any type,
including disability and death; and any legal fees, costs or other expenses
related to such damages and/or injuries, expressly including, but not limited
to, those alleged to be caused, in whole or in part, by the negligence of the
Protected and Released Parties.
5. If, despite my aforesaid express assumption of risk, and my aforesaid
express waiver, release, discharge and covenant not to sue, I, or anyone
acting on my behalf, brings a claim or suit, or takes any other action,
against any of the Protected and Released Parties for any and all liabilities,
losses or damages, including any direct or consequential damages,
resulting from or related to my participation in this activity, including, but not
limited to: any and all damage to or loss of my property or the property of
others; personal injuries to me or others of any type, including disability and
death; and any legal fees, costs or other expenses related to such damages
and/or injuries, expressly including, but not limited to, those alleged to
be caused, in whole or in part, by the negligence of the Protected and
Released Parties, I, for myself and for anyone acting on my behalf, further
agree to hold harmless, defend, and indemnify the Protected and Released
Parties from any such claims, suits, actions, liabilities, losses, damages,
fees, costs or expenses.
6. In the event of a medical emergency, I hereby authorize Flatworks and
any other Protected and Released Parties to, if deemed necessary in their
discretion, to administer emergency first aid, CPR, and use an AED, and
to secure emergency medical care or transportation (i.e., EMS). I agree to
assume all costs of such emergency medical care and transportation.
7. I acknowledge that this Agreement constitutes the entire agreement
by and among me and the Protected and Released Parties pertaining
to the subject matter hereof and supersedes all prior agreements and
understandings pertaining thereto, and agree that this Agreement may not
be changed, modified or amended in whole or in part except in writing,
signed by all of the parties hereto.
8. I agree that this Agreement and the rights of the parties hereunder shall
be interpreted in accordance with the laws of the State of Rhode Island,
as broadly and inclusively as permitted under such laws, and all rights and
remedies shall be governed by such laws without regard to principles of
conflict of laws. I further agree that if any portion of this Agreement is held
invalid, the balance shall, notwithstanding, continue in full legal force and
effect.
9. I agree that if any disputes or controversies shall arise from this Agreement
or otherwise in connection with my use and operation of Flatworks’ go‑kart
equipment, my participation in any related activities, or my presence on
the premises and facilities of the Protected and Released Parties, I shall
first engage in good faith efforts to mediate such dispute. Should the
issue not be resolved by mediation, I further agree that all such disputes or
controversies shall be submitted to binding arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association
then in effect.
10. I hereby acknowledge, by signing below and by writing my initials in
the margin of all of the pages, that I have read this Agreement and fully
understand all of its terms and conditions. I understand that I am giving up
substantial legal rights, including rights that I may otherwise have to sue for
damages in the event of my death, or injury or loss occasioned by my use
of the go‑kart equipment of Flatworks. I acknowledge that I am signing
this Agreement freely and voluntarily, and intend by my signature, that this
Agreement constitute a complete and unconditional waiver, release, and
discharge of the Protected and Released Parties from any and all manner of
claims, suits, actions, liabilities, losses, damages, fees, costs or expenses
arising from or related to the inherent risks of this activity, to the greatest
extent allowed by laws of the State of Rhode Island.
73 PlyFly Go‑Kart Instruction Guide • 2015 Release