MOTOCROSSBOARD RIDE WAIVER AND RELEASE
Dated: ____ day of _________________, 20____
The undersigned, either individually or as parent/legal guardian of that minor named ____________________, age _____, (herein either the undersigned or the above named minor riding a MXB is referred to as “Rider”), desires to ride a Motocrossboard (the “MXB”) from Performance Concepts, Inc. (“PCI”). In return for good and valuable consideration exchanged, including but not limited to Rider’s receipt of the MXB, the undersigned agrees to and accepts all of the terms and conditions contained herein.
The undersigned has been informed that the MXB may be subjected to additional safety testing and subsequent modifications by PCI, in its sole discretion. The undersigned acknowledges that use of the MXB is an inherently dangerous activity that requires use of proper protective gear (including but not limited to helmet, eye protection, over the ankle flat soled athletic shoes, wrist guards, and shin and knee pads) not included with the MXB and may involve significant risks to the health, safety and property of Rider, which risks include, but are not limited to, damage to personal property, falling, cuts, abrasions, pulled muscles, broken bones, torn ligaments, overexertion, heat stroke, heat exhaustion, partial or total paralysis, brain damage, and/or death. The undersigned understands that Rider should exercise good judgment in using the MXB.
The undersigned hereby releases PCI from any claim for personal injury, death, or damage to personal property that Rider may experience as a result of use of the MXB by any individual, and the undersigned will indemnify, defend and hold harmless PCI and its board of directors, officers, agents, volunteers and officials from any claims or demands of any person or persons for personal injury, death or property damage upon it being alleged that such personal injury, death or property damage resulted from any use of the Rider’s MXB by any individual.
The undersigned has been informed that the MXB contains patented elements and trade secrets and that PCI shall utilize all means necessary to protect it’s federally and otherwise protected intellectual property interests.
The undersigned agrees that the undersigned has carefully and completely reviewed the terms of this waiver, and the undersigned agrees with all terms of this waiver. In the event that the undersigned is executing this waiver of behalf of a minor over whom the undersigned has legal custody, by executing this waiver the undersigned affirms to PCI that the undersigned indeed has legal custody over said minor. This waiver supersedes and replaces any and all previous agreements or oral communications.