Miracle 5 has agreed to sell electric bike(s) and/or other bike accessories to Purchaser as reflected in the attached sales invoice. Miracle 5 and the Purchaser shall be referred to hereafter as “the Parties.” This Contract of Sale, Waiver and Release from Liability shall be referred to hereafter as the “Contract.”
Purchaser agrees and understands that Miracle 5 cannot oversee or supervise the safety and proper usage of Purchaser’s Miracle 5 electric bicycle(s) and accessories, if applicable. Consequently, Miracle 5 cannot be held responsible for the safe use or other actions by the Purchaser and/or future riders of Miracle 5 electric bicycles.
Purchaser, being above 15 years of age, agree to all terms as follows:
I agree and acknowledge that anyone with serious medical conditions should not ride an electric bike.
I agree and acknowledge that no one, including myself, should ride an electric bike while under the influence of alcohol or drugs, under intoxication thereof, including prescription medications, or while otherwise incapacitated.
I agree and acknowledge that it is not safe to ride Miracle 5 bicycles in hazardous conditions, including uneven or offroad terrain, significant rain or in snow, and assume all risks of riding my Miracle 5 bicycle(s) under these and/or any other unsafe conditions. When riding my Miracle 5 bicycle(s), I agree to obey the national electric bike speed limit and other state, county, municipal and city traffic laws, including electric bicycle laws.
I acknowledge and understand that riding an Miracle 5 bicycle is a dangerous activity that requires moderate to strenuous exercise and various degrees of skill and experience for individual riders. I understand that biking can result in serious injury to the person and damages to property. I hereby voluntarily assume any and all risk associated with loss, damage or physical injury that occurs while riding my Miracle 5 bicycle(s).
I am aware of the risks, health hazards and dangers of personal injury, death and disability inherent in the use of electric bicycles, including Miracle 5 bicycles. I am aware that the usual risks, hazards and dangers of personal injury, disability and death are greater with lack of experience and/or failure to follow the warnings and instructions provided by Miracle 5 in its Operator’s Manual and within the manuals accompanying the various components of the Miracle 5 bicycle, access to which have been provided to me by Miracle 5.
I hereby agree to release and forever discharge Miracle 5, and its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on Miracle 5's behalf from any and all legal claims, actions, damages, liability, costs, expenses or attorney fees related to, arising out of, or in any way connected to use of my Miracle 5 bicycle(s), use of any other equipment or property supplied by Miracle 5 or from any claim arising out of my presence upon the Miracle 5 premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of Miracle 5, including its agents, employees, officers, directors, component manufacturers and/or any and all other persons or entities acting on Miracle 5's behalf. By my execution of this Contract, it is my intention to surrender and waive any and all rights to sue or to exercise a legal right to seek damages from Miracle 5, and/or its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on Miracle 5's behalf.
I hereby certify that I am at least 15 years of age and am not purchasing Miracle 5 bicycle(s) on behalf of an individual under the age of 15. I acknowledge that it is illegal for any person under 15 years old to ride an electric bicycle, including an Miracle 5 bicycle. I have carefully read the foregoing and acknowledge, understand and AGREE to all of the above terms and conditions. I have had the opportunity to ask any and all questions regarding this Contract. By issuing payment for my Miracle 5 bicycle(s) and executing this Contract, I assume all risks inherent in the purchase and use of an electric bicycle, and release Miracle 5 from any and all liability that may arise from my ownership and use of my Miracle 5 bicycle(s). This includes a release of Miracle 5 from any and all liability related to or arising out of a minor’s use of my Miracle 5 bicycle(s).
Binding Arbitration Clause: The Parties agree that any dispute, controversy or claim arising out of or relating to this Contract or as a result of the use of Miracle 5 bicycle(s) and accessories; including warranty claims, defective product claims, physical injury claims, property damage claims and/or whether any of the aforementioned claims are arbitrable. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. In the event a party fails to proceed with arbitration as delineated in this paragraph, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including reasonable attorneys’ fees for having to compel arbitration or defend or enforce an award.
This permit might consequently be terminated if you disregard any of these confinements and may be ended by Miracle5 whenever deemed. After permit termination or when your viewing permit is terminated, you must destroy any downloaded materials in your ownership whether in electronic or printed form.