Participant Agreement, Release and Assumption of Risk:
In consideration of the services of AIR EASY LLC d/b/a AVENTURA-X, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “AVENTURA-X”), I hereby agree to release, indemnify, and discharge AVENTURA-X, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in electric scooters entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
The risks include, among other things: accidents involving other electric scooters or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the electric scooter; falls; the negligence of other operators of motor scooters, myself; or other persons who may be present; sprains, strains, bruises, fractures, broken bones, musculoskeletal injuries including head, neck, and back injuries; transmissible pathogen or disease; exhaustion; equipment failure; my own physical condition, and the physical exertion associated with use of the electric scooter.
Furthermore, AVENTURA-X personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all the risks existing during use of the electric scooter. My participation while using the electric scooter is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured DOT or SNELL certified helmet during use of the electric scooter.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AVENTURA-X from any and all claims, demands, or causes of action, which are in any way connected with my participation in use of the electric scooter or my use of AVENTURA-X’s equipment or facilities, including any such claims which allege negligent acts or omissions of AVENTURA-X.
Should AVENTURA-X or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I shall apply and hold all necessary and proper licensures in the respective state to operate this electric scooter. I shall not hold AVENTURA-X liable for any fees, fines, or penalties in result of breaching local Motor Vehicle Commission laws or regulations.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while using the electric scooter, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
In the event that I file a lawsuit against AVENTURA-X, I agree to do so solely in the state of New Jersey, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By purchasing this electric scooter, I acknowledge that if anyone is hurt or property is damaged during my use of the electric scooter, I may be found by a court of law to have waived my right to maintain a lawsuit against AVENTURA-X on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at AVENTURA-X. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.