Warning, Assumption of Risk, Liability Release, Indemnity, and Hold Harmless Agreement Not to Sue

Please read very carefully before signing.

This Agreement is entered into by and between the undersigned rider (“Rider”) and/or the Rider's legal guardian if the Rider is a minor, and Ferla Bikes, hereafter referred to as “Company.” By signing this document, the Rider and/or Rider's legal guardian acknowledges and agrees to the following terms and conditions for the purpose of evaluating a Ferla Bike for possible purchase:

  1. Assumption of Risk: The Rider acknowledges that riding a bicycle involves certain risks, including but not limited to the risks of injury from falling, collision with other vehicles, pedestrians, and fixed or moving objects, risks from riding in traffic, and risks from exposure to conditions resulting from the weather and the state of the roads. The Rider assumes all responsibility for being aware of their surroundings, following all traffic laws, and acknowledges that engaging in off-roading tricks, jumps, or any behavior that could potentially endanger the Rider or others is strictly prohibited.
  2. Prohibited Activities: The Rider agrees not to use any cellular telephones or other distracting devices while operating the bike, not to leave the bike unattended, not to operate the bike under the influence of drugs, alcohol, or any other substances that could impair judgment or coordination, and to comply with all federal, state, and local laws regarding the operation of a bicycle.
  3. Safety Gear and Duration of Test Ride: The Rider and/or Rider's legal guardian confirms that the Rider will wear all safety helmets and other safety gear as required by law or recommended by the Company during the test ride. The test ride shall last for only 15-30 minutes. Any duration exceeding 30 minutes will incur a charge of $50 for every additional half-hour or part thereof.
  4. Liability for Damage or Theft: The Rider and/or Rider's legal guardian accepts full responsibility for any damage to or theft of the bike while it is in their possession, including but not limited to the cost of repair or replacement of the bike. The rider and/or legal guardian is responsible for any damages to the bike, and damages will need to be paid by the rider and/or rider’s legal guardian before leaving the test ride. If rider and/or legal guardian refuses to pay, Ferla Bikes may hold identification until rider and/or guardian pays for the damages. 
  5. Release and Indemnity: The Rider hereby releases, indemnifies, and holds harmless the Company, its employees, agents, and affiliates from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Rider or any property belonging to the Rider, whether caused by the negligence of the Company or otherwise, while participating in the test ride, or while in, on or upon the premises where the test ride is conducted.
  6. Understanding of Bike Operation and Safety: The Rider confirms that they have been instructed on the safe and proper operation of the bike and fully understand how to operate the bike safely.
  7. Identification: I understand that in order to test ride the bike, a legal guardian must be present and give State Identification to Ferla Bikes to hold during the test ride. I understand this is for security purposes and I will be given Identification back at the end of the test ride. 

Acknowledgment: By signing below, the Rider and/or Rider's legal guardian acknowledges having read and understood this Warning, Assumption of Risk, Liability Release, Indemnity, and Hold Harmless Agreement Not to Sue in its entirety and agrees to all its terms and conditions. The Rider and/or Rider's legal guardian understands that by signing this document, they are giving up substantial rights, including the right to sue. They acknowledge they are signing this agreement freely and voluntarily, and intend by their signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.