WICKED WHEELS, LLC – LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT
IMPORTANT: THIS IS A LEGAL DOCUMENT. PLEASE READ CAREFULLY BEFORE SIGNING.
This Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement
(“Agreement”) affects your legal rights. By signing this document, you acknowledge that you
have read, understood, and voluntarily agreed to its terms. You are giving up substantial
legal rights, including the right to sue Wicked Wheels, LLC and its affiliates.
I. DEFINITIONS
“Company” means Wicked Wheels, LLC, its owners, employees, contractors, agents,
successors, assigns, and affiliates.
“Participant”, “You”, or “Your” means the individual signing this waiver or the parent/legal
guardian signing on behalf of a minor.
“Activity” includes but is not limited to riding, renting, test riding, purchasing, or otherwise
using any bicycle, electric bicycle, scooter, or related equipment or services offered by the
Company, whether on public roads, bike paths, private property, during tours, events, or
concierge deliveries.
“Equipment” refers to any bicycle, e-bike, scooter, helmet, lock, accessory or related
products provided or sold by the Company.
II. ASSUMPTION OF RISK
You understand and acknowledge that the Activity involves inherent risks, including but not limited to:
– Loss of control, falls, collisions with vehicles, people, or objects
– Equipment malfunction or failure
– Road hazards such as potholes, curbs, gravel, or wet surfaces
– Weather conditions, visibility issues, or wildlife
– Negligence of other riders, pedestrians, or motorists
– Risks associated with electric pedal-assist bikes, including rapid acceleration, power surges, and abrupt braking.
You voluntarily assume all known and unknown risks related to participation in the Activity
and use of Equipment, including risk of serious injury, disability, death, or property damage.
III. RELEASE OF LIABILITY
In consideration of being permitted to participate in the Activity, you, on behalf of yourself
and your heirs, executors, assigns, and representatives, agree to:
– Release and discharge Wicked Wheels, LLC and all Released Parties from any and all claims, demands, damages, causes of action, or liabilities of any kind, whether known or unknown, arising out of or related to the Activity.
– This includes claims based on negligence, product defects, failure to warn, or unsafe conditions.
V.1.7/18/25
This release does not waive liability for gross negligence, recklessness, or willful
misconduct, which cannot be waived under Massachusetts law.
IV. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company from any and all claims,
liabilities, losses, damages, costs, and attorney’s fees arising out of or related to:
– Your participation in the Activity
– Your breach of this Agreement
– Damage or theft of Equipment
– Injury or damage to third parties caused by your actions
V. SAFETY ACKNOWLEDGEMENTS
1. Helmet Use: Wicked Wheels strongly recommends helmet use. Helmets are required for
participants under age 16 and for e-bike riders per Massachusetts law. You are solely
responsible for choosing to wear a helmet and assume all risks if you do not.
2. Rider Responsibility: You affirm that:
– You are physically fit and capable of safely operating a bicycle or e-bike.
– You will inspect all Equipment before use and will not use Equipment that appears unsafe or malfunctioning.
– You will obey all local traffic and cycling laws.
3. Electric Bike Notice: You understand that electric bikes handle differently than regular bicycles and may present additional risks, including sudden power output and increased speed and sudden stopping.
VI. EQUIPMENT DAMAGE OR LOSS
You are financially responsible for:
– Any damage to Equipment beyond normal wear and tear.
– Loss or theft of any Equipment while in your possession, including during a demo or test ride.
– You acknowledge and agree that if the Equipment is stolen while under your care, custody, or control, you are liable for the full retail replacement cost.
Theft Protocol:
In the event of theft during a test ride or demo:
– You must immediately report the incident to Wicked Wheels staff and local authorities.
– Wicked Wheels may require you to complete a police report.
– You authorize Wicked Wheels to charge your credit card for the full replacement value unless the Equipment is recovered in its original condition within five (5) days.
By signing this waiver, you agree to exercise reasonable care in protecting the Equipment,
including:
– Never leaving the bike unattended in public without using a secure, high-quality lock.
– Keeping the bike within your sight or securely locked when not in use.
– Avoiding leaving the bike outside overnight or in high-theft areas.
VII. PHOTO & VIDEO RELEASE FOR COMMERCIAL USE
V.1.7/18/25
You grant Wicked Wheels, LLC an irrevocable, royalty-free license to use photographs,
video, and audio recordings of you taken during the Activity for commercial, promotional,
and educational purposes including, but not limited to:
– Website, social media, advertising, promotional videos, and printed materials
You waive all claims to compensation, privacy, or approval for the use of this content. If you do not wish to be photographed or filmed, please inform a staff member in writing prior to the Activity.
VIII. GOVERNING LAW & DISPUTES
This Agreement is governed by the laws of the Commonwealth of Massachusetts. Any legal action arising from or related to this Agreement shall be filed exclusively in the courts
located in Worcester County, MA. If Wicked Wheels, LLC prevails in any legal action, it shall
be entitled to recover reasonable attorneys’ fees and costs.
IX. SEVERABILITY
If any part of this Agreement is held unenforceable, the remainder will remain in full force
and effect.
X. ACKNOWLEDGEMENT & ACCEPTANCE
By signing below, you affirm that:
– You have read this Agreement in its entirety
– You fully understand its terms
– You voluntarily agree to its terms
– You are at least 18 years old or the legal guardian of the minor named below
By submitting this form, you acknowledge and agree to the terms of our waiver above.
