Pon.Bike 

Demo Bike Release of Liability Waiver

Santos Tour Down Under

Pon.Bike Performance Accident Waiver, Release of Liability, Assignment of Claims and Acknowledgement of Responsibility for Test Ride Participants

My completion of this form acknowledges that I:

1.      Acknowledge and agree that it is my responsibility to provide myself with and to wear approved (AS/NZS 2063 standards) and properly fitted protective headgear when participating on the test ride provided by Pon Bike Performance.

2.      Have shown proof of my age with a photo identification; I have supplied Pon Bike Performance with my driving license, credit card and a signed copy of this release form; I consent to the collection, retention, use and disclosure of my personal information below and documentation supplied for identification and security purposes; I understand this information will not be used or shared with others for marketing purposes without my consent; I consent to give back the lent bike at the agreed time in the same condition as provided in order to get my documentation back.

3.      Acknowledge and agree it is my obligation to give back the lent bike at the agreed time. In the case the bike is not given back, or any part is missing or damaged, I authorise Pon Bike Performance to charge on my credit card supplied the amount corresponding to the retail cost of the lent bike and/or accessories.

4.      Am at least 18 years of age;

5.      Understand the rules of the road and the law as it pertains to bicycles;

6.      Certify that the Pon Bike Performance representative has adequately explained to me, and I understand: the gear shifting, and the braking mechanism; I will not make any adjustments to the bike during the test ride beyond gear shifting.

7.      Certify that I am physically fit with no known physical or mental impairment and have prepared for participation on a test ride; I am not under the influence of any narcotic, alcohol or other drug that may impair my understanding or judgement and that I will not at any time during the test ride operate the bike under the influence of any narcotic, alcohol or drug.

8.      Consent to receive medical treatment, which may be deemed advisable in the unlikely event of injury, accident and or illnesses during the test ride; I agree to pay for any and all costs related to medical response, treatment and transport on my behalf.

In addition, I fully understand and acknowledge that:

(a) Risks and dangers exist in my use of any and all bicycle equipment and my participation on a test ride; risks and dangers may arise from foreseeable or unforeseeable causes; risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, and vehicular traffic;

(b) My participation in such activities and/or uses of such equipment can be a test of a person’s physical and mental limits, and may result in, but is not limited to, bodily injury, disease, strains, fractures, partial or total paralysis, heat stroke or other heat related injuries, heart attack, mental duress, cuts, bruises, abrasions, other injuries that could cause serious disability and death;

(c) These risks and dangers may be caused by the negligence of officers, directors, employees, agents, and service providers of Pon Bike Performance and/or the negligence of others, accidents, breaches of contract, uncontrollable forces of nature or other causes;

(d) By my participation on the test ride and/or use of equipment provided by Pon Bike Performance, I hereby assume all risks and dangers and all responsibility for any loss and/or damages, whether caused in whole or in part by the negligence or other conduct of officers, directors, employees, agents, or service providers to Pon Bike Performance, or by any other entity;

(e) I am participating on a test ride at my own risk, freely and voluntarily without any inducement or duress.

(f) If I leave my bike at the test ride area, Pon Bike Performance will take all care but incur no responsibility for theft of the said bike.

I, on behalf of myself, my personal and/or business representatives, next of kin and my heirs, assigns, and executors, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Pon Bike Performance and officers, directors, employees, agents, and service providers of Pon Bike Performance from any and all claims, actions, or losses for bodily or mental injury, property damage, wrongful death or injury, loss of services, loss of income, or otherwise which may arise out of my use of Pon Bike Performance products or other equipment in connection with my participation on a test ride.

I hereby certify that I have read this Waiver, Release and Assignment of Claims in its entirety, and I fully understand it and agree to its contents. This agreement is an entire agreement and I acknowledge and agree that no verbal or other written communication to me by Pon Bike Performance shall bind Pon Bike Performance..

Where a portion of this agreement is barred by statute or by operation of law, the remainder of the agreement shall be of full force and effect.

A copy of your responses will be emailed to the provided e-mail address.