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ASSUMPTION OF RISKS AND RELEASE OF LIABILITY

EBIKES/BICYCLES COME WITH INHERENT RISKS. BY AGREEING TO PURCHASE AND USE THE BIKEFIN EBIKE CONVERSION KIT (THE “PRODUCT”) YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.

 

PLEASE READ CAREFULLY!

YOUR CHOICE TO USE THE PRODUCT IS VOLUNTARY AND INFORMED.

CAUTIONS, BATTERY AND CHARGER SAFETY: 

• KEEP THE BATTERY AND CHARGER AWAY FROM MOISTURE AND EXCESSIVE HEAT.

• DO NOT USE THE BATTERY OR CHARGER FOR OTHER PURPOSES.

• DO NOT CONNECT TERMINALS.

• KEEP THE BATTERY AWAY FROM CHILDREN AND PETS.

• DO NOT COVER THE BATTERY OR CHARGER OR PLACE OBJECTS ON TOP OF EITHER.

• STOP THE CHARGING PROCEDURE IMMEDIATELY IF YOU NOTICE A STRANGE SMELL, SPARKING OR SMOKE.

• AVOID CONTACT WITH BATTERY AND CHARGER DURING CHARGING OPERATION. THE CHARGER HEATS UP.

• DO NOT SUBJECT THE BATTERY OR CHARGER TO SEVERE VIBRATIONS OR IMPACTS (e.g., BY DROPPING).

LITHIUM ION BATTERY FIRES USUALLY OCCUR AFTER A BATTERY HAS BEEN DAMAGED. DAMAGE TO A BATTERY CAN CAUSE A RUPTURE IN THE MEMBRANE THAT SEPARATES THE CHEMICALS INSIDE, CAUSING A REACTION THAT SPARKS A DANGEROUS AND SELF-PERPETUATING FIRE.

• IF THE BATTERY IS ON FIRE, USE A DRY CHEMICAL EXTINGUISHER TO PUT IT OUT. CALL EMERGENCY SERVICES IMMEDIATELY.

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ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE PRODUCT INVOLVES MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO, ACCIDENTS WHILE RIDING, MECHANICAL FAILURE AND BATTERY FIRES, ALL OF WHICH MAY RESULT IN PROPERTY DAMAGE AND CATASTROPHIC INJURY, INCLUDING DEATH.

 

THE PRODUCT IS NOT SUITABLE FOR USE BY CHILDREN AND ANYONE SUFFERING ANY PHYSICAL OR MENTAL IMPAIRMENT.

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SOME OF THE RISKS ASSOCIATED WITH RIDING THE EBIKE ARE SET OUT IN THE CANADA EBIKE SAFETY WEBSITE 

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BY PURCHASING AND USING THE PRODUCT, YOU ACKNOWLEDGE AND VOLUNTARILY ACCEPT ALL RISKS, DANGERS AND HAZARDS, INCLUDING PROPERTY DAMAGE AND BODILY INJURY (INCLUDING DEATH), THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.

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RELEASE OF LIABILITY

BY PURCHASING AND USING THE PRODUCT, YOU UNCONDITIONALLY AND IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE BIKEFIN EBIKES INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PROFESSIONAL ADVISORS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL CLAIMS, LIABILITY, OR RIGHTS OF ACTION YOU HAVE OR MAY HAVE IN THE FUTURE THAT ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH USE OF THE PRODUCT AND REGARDLESS OF THE THEORY OF LIABLITY (WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STATUTE OR UNDER ANY OTHER THEORY OF LIABLITY), BY THE RELEASEES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THIS RELEASE IS BINDING ON YOUR HEIRS AND SUCCESSORS.

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YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING ASSUMPTION OF RISKS AND RELEASE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW AND THAT IF ANY PORTION THEREOF IS HELD INVALID, THE BALANCE SHALL NOTWITHSTANDING THAT INVALIDITY CONTINUE IN FULL LEGAL FORCE AND EFFECT.

HOLD HARMLESS

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BY PURCHASING AND USING THE PRODUCT, OR ALLOWING ANY THIRD PARTY TO HANDLE OR USE THE PRODUCT, YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD THE RELEASEES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, RIGHTS OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES AND COSTS (INCLUDING LEGAL FEES AND EXPENSES ON A FULL INDEMNITY BASIS) BROUGHT AGAINST, SUFFERED OR INCURRED BY ANY OF THE RELEASEES AS A RESULT OF YOUR PURCHASE OR USE OF THE PRODUCT, OR ANY THIRD PARTIE’S HANDLING OR USE OF THE PRODUCT.