Disclaimer & Liability Policy

Disclaimer

The following legal terms, conditions and notices apply to all sales and usage of personal electric vehicles sold by Super Scoots Inc. (“Super Scoots”). By purchasing products from this website (www.superscoots.ca / superscoots.ca), the signor understands that there are inherent risks and dangers associated with the use and operation of an Electric Vehicle, which may lead to damage to property, serious physical injury, disability and/or death, even where the Electric Vehicle is being used and operated as intended and as instructed by the manufacturer.  Known risks, hazards and/or dangers of using an Electric Vehicle include but are not limited to, falling off, losing control or crashing, collisions with moving or parked vehicles, bicycles, skateboards, other personal electric vehicles, pedestrians, animals or other obstacles, encountering potholes, uneven surfaces, debris or other distractions, and experiencing flat tires or other mechanical or electronic equipment failures or malfunctions. The customer further understands that they are purchasing and/or using, or allowing the use of, the Electric Vehicle at their own risk, absolutely.

The use of safety and protective gear such as proper-fitting bicycle or motorcycle helmets is strongly encouraged.

The customer is advised to take the following precautions:

• Do not ride on wet ground or in heavy rain;
• Take corners slowly and look out for pedestrians;
• Avoid potholes, curbs and debris on the ground;
• Keep tires pumped to the specified pressure;
• Dismount in places with heavy human traffic and push the scooter manually;
• Service the product every 3 months on regular usage, 6 months for non-frequent usage;
• Do not use Super Scoots products on public roads and respect local road regulations.

Assumption of Risk

By using, or allowing others to use, the Electric Vehicle purchased from Super Scoots, the customer hereby acknowledges, and expressly agrees, that they are doing so voluntarily and that they are voluntarily assuming all risks of harm, injury, illness, damage or loss that may occur to the signor, to others, to the signor’s property or to the property of others, as a result of such use and/or ownership, including the risks of all of the above mentioned known risks, hazards and/or dangers, WHETHER OR NOT CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OR OTHER FAULT OF SUPER SCOOTS, its employees, agents, representatives, directors, officers, shareholders, servants, assigns, successors, insurers and affiliates or any other individuals.

Waiver/Release

By purchasing an electric scooter from Super Scoots, the customer hereby agrees that Super Scoots, its employees, agents, representatives, directors, officers, shareholders, servants, assigns, successors, insurers and affiliates (collectively the “Released Parties”) shall not be liable for any harm, injury, illness, damage or loss that may occur to the customer or the customer’s property as a result of the ownership of, or as a result of any and all activities related to the use and operation of the Electric Vehicle purchased from Super Scoots, and hereby RELEASES AND FOREVER DISCHARGES the Released Parties from any and all liabilities, actions, causes of action, damages, claims, costs, expenses and demands that now or in the future, may arise from, or in any way relate to the Electric Vehicle purchased,  from Super Scoots or the use and operation of the Electric Vehicle by the customer or signor or others that the customer is, at law, responsible for.  This RELEASE includes, without limitation, any claims based on: negligence; defects in the design, manufacture, adjustment, maintenance or inspection of the Electric Vehicle and/or its related equipment, including but not limited to its lithium battery; failure to provide, inspect or maintain the area where the Electric Vehicle is used or tested; and failure to provide proper instruction, technical direction or safety equipment.

Indemnification

The signor hereby agrees to indemnify, hold harmless and defend Super Scoots and the other Released Parties for any harm, injury, illness, damage or loss that may occur to the customer, or any others that the customer is, at law, responsible for, the customer’s property, any third parties and/or the third parties’ property, as a result of any and all activities related to the operation or use by the customer or any third parties, of the Electric Vehicle purchased from Super Scoots, even if such harm, injury, illness, damage or loss was caused or contributed to by the negligence or other fault of Super Scoots, its employees, agents, representatives, directors, officers, shareholders, servants, assigns, successors, insurers and affiliates or any other individuals, and specifically where such harm, injury, illness, damage or loss was caused or contributed to by the negligence or other fault of the signor or any others that the customer is, at law, responsible for.

Acknowledgements

The customer hereby acknowledges and agrees, and represents and warrants to Super Scoots that:

a) the customer is solely responsible for their own health and safety and will take all reasonable, necessary and recommended safety precautions, including wearing appropriate personal protective equipment, in the use and operation of the Electric Vehicle purchased from Super Scoots;

b) the customer will use, and will cause others to use, the Electric Vehicle purchased from Super Scoots only for the purposes for which it was designed and in compliance with the manufacturer’s instructions, as any alteration or modification of the Electric Vehicle through use or misuse, whether intentional or accidental, can result in malfunction of the Electric Vehicle and/or harm to the user;

c) the customer will use, and will cause others to use, the Electric Vehicle purchased from Super Scoots in accordance with all laws, bylaws, rules, ordinances and regulations applicable in the place the Electric Vehicle is being used and will not operate or use the Electric Vehicle in any location or in any manner that is prohibited, illegal, and/or a nuisance to others. Should the customer or any others that the customer allows to use the Electric Vehicle receive any traffic violations and/or related citations, fines or impound charges as a result of or in connection with their use of the Electronic Vehicle, the customer acknowledges that they are solely and fully responsible for such charges without compensation from Super Scoots;

d) the customer is responsible for knowing how to properly use and operate the Electric Vehicle and for seeking necessary instructions if needed;

e) the customer is over 18 years of age;

f) in the event of the death or disability of the signor, the terms of this Liability Waiver & Release, including the indemnification obligations, will be binding on the customer’s estate and their personal representatives, executors, administrators or guardians will be obligated to respect and abide by them;

g) the customer has had sufficient time to review and carefully read this Liability Waiver & Release and to ask any questions associated with said Liability Waiver & Release prior to signing;

h) this Liability Waiver & Release is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein; and

i) the customer has voluntarily chosen to purchase and/or use the Electric Vehicle from Super Scoots, with the full knowledge that the execution of this Liability Waiver & Release is a condition of such purchase.

The customer hereby certifies that they have fully informed themselves of the contents of this Liability Waiver & Release and understands the effect and consequences of purchasing, including that they are waiving any right they, or their estate, personal representatives, executors, administrators or guardians, may have to bring legal action against Super Scoots for negligence, and that they have completed this purchase of their own free will.