In consideration of being allowed to participate in any way in the i-Go Robot San Diego Program and all related events and activities including transport to and from the activities (hereafter called the Program), I the undersigned, acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant during all phases of the activity, including the potential for permanent paralysis, disability and death. These risks include but are not limited to: Equipment failure and/or malfunction of my own or other’s equipment; my own negligence and/or the negligence of others; tangled ropes, falling from heights, other climbers, animals; Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident; Outdoor activities include but are not limited to risks of exposure to elements, excessive heat, hypothermia, changes in terrain, exposure to animals with the risk of them kicking, biting, running off or otherwise moving in an unanticipated manner causing injury and/or death. I agree to wear and use as instructed any safety equipment provided to me and use as instructed. I recognize that failure to do so increases the potential for severe injury or death and absolves the (RELEASEES) from any liability whatsoever.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES) or others, and assume full responsibility for my participation in the Program.
3. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
4. I recognize that it may be necessary for the (Releasees) to refuse or terminate my participation if I am judged to be incapable of meeting the rigors or requirements of the Program. I accept the (Releasees) right to take such actions for the safety of myself and/or other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the program.
I warrant and represent that I am in good health and have no physical or mental limitations or problems that would affect my safe participation or the safety of others in the program and have not been advised otherwise by a qualified medical person.
5. By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or my child/ward or provided by me for publicity, promotion, television, websites or any other use and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS i-Go Inc. & i-Go Robot San Diego, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the program (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
1. I expressly assume all liability arising out of operation of the i-Go Robot products or related equipment. I agree to indemnify and hold harmless i-Go, Inc./i-Go Robot San Diego, its agents, subsidiaries, assigns, employees, officers, partners, and directors, at my sole cost and expense from and against any and all loss, claims, actions, suits, damages (including attorney fees), however caused, whether such claims are based upon negligence, gross negligence, intentional acts, or omissions, resulting directly or indirectly from or pertaining to the manufacture, possession, use, purchase, lease, operation, rejection, or return of the i-Go Robot, including without limitation, such loss, claims, costs, expenses, damages, and liabilities arising from the death or injury of any agent or employee of i-Go, Inc./i-Go Robot San Diego, or any third person, or damage to the property of i-Go, Inc./i-Go Robot San Diego, its agents, subsidiaries, assigns, employees, officers, partners, and directors, or any third person. I shall give i-Go, Inc./i-Go Robot San Diego prompt written notice of loss, claim, action, damage or liability asserted against me or arising out of or concerning my operation of the i-Go Robot and agree that, on my written notice of the assertion of such a loss, claim, action, damage, or liability, I shall assume full responsibility for the defense of the action. i-Go, Inc./i-Go Robot San Diego, at its option, may participate in such defense and I shall bear the cost on a pro rata basis. This section shall survive termination of this rental agreement. In the event a corporate officer, owner or partner of i-Go, Inc./i-Go Robot San Diego acquires actual knowledge of any claim that I am obligated to defend under the terms of this section, I agree to give i-Go, Inc./i-Go Robot San Diego prompt written notice; provided, however, i-Go, Inc./i-Go Robot San Diego’s failure to give such notice shall not excuse myself from any of my obligations under this section.
2. I have made no misrepresentation to i-Go Robot in any regard, including, but not limited to, my weight, age or abilities. I understand that pregnant women or other persons with physical limitations should not ride this equipment for safety reasons.
3. I understand and agree that the minor is only allowed to use the i-Go in Training/Beginner Mode.
B. Safety and operation of the i-Go Robot.
1. I am physically and mentally able to ride the i-Go Robot, and I am familiar with riding the i-Go Robot and the physical and mental requirements and risks involved. I will never operate the i-Go Robot while intoxicated or under any medication that inhibits or impairs my ability to operate the i-Go Robot. I am not pregnant, and my weight is below the weight limit of the i-Go Robot.
2. I read the operating manual and all warning labels before operating the i-Go Robot. I was instructed on the proper and safe use of the i-Go Robot. I understand how to properly and safely use and operate the i-Go Robot. I will use extreme caution and reduce speed when approaching any change in terrain. For more serious or complicated terrain or obstacles, I will step off the i-Go Robot and walk it to a safe level area. I will never attempt to negotiate stairs with the i-Go Robot and I will never allow any passengers at any time.
3. I will always follow all local traffic and pedestrian laws. I will always use utmost courtesy, yield to pedestrians and operate the i-Go Robot in a reasonable manner without threat to the public.
4. A helmet and protection gear have been provided to me and I will wear them at all times while operating the i-Go Robot.
C. Entire agreement and disputes.
1. This agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this agreement.
2. Any dispute arising out of this agreement shall be brought in the Civil Division San Diego Superior Court. In the event a suit or action is brought by any party under this agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney’s fees and costs.
3. Minors: Prospective participants under the age of 18 years are required to have a parent or legal guardian read and also sign this release. The parent and the participant under 18 have read, understand, and agree to comply with this Release. By signing this document, the parent agrees to each of the provisions above including to indemnify and hold harmless i-Go, Inc./i-Go Robot San Diego and all its subsidiaries, its agents or employees from any and all claims brought by the participant under 18 or resulting from the participant under 18's actions, whether i-Go, Inc./i-Go Robot San Diego and all its subsidiaries, its agents, partners or employees are negligent or not. Further, parent or legal guardian expressly agrees to monitor the minor at all times during the minor’s use or operation of the i-Go Robot and assumes and agrees to comply with all financial obligations of this Agreement on behalf of the minor.
D. Safety checklist.
SAFETY CHECKLIST PLEASE READ AND CHECK ALL LINES: