Onewheel Participant Use Safety Waiver

SAFETY NOTICE: SIGNED WAIVER REQUIRED TO PURCHASE

Due to recent safety concerns a signed safety waiver is required to complete the purchase of any Onewheel board, see the recent CPSE news release for further information. Upon purchase a safety waiver will be sent to the email address on file. Boards will ship upon receiving an e-signature from the purchaser over the age of 18.

To purchase please complete the below safety waiver web form prior to or immediately after placing your order. E-signatures must be received prior to shipment. This safety waiver releases Boyne Resorts Inc. from any liability related to the use of Onewheel self-balancing boards. Please read carefully and sign where prompted.

CLICK HERE TO SIGN WAIVER ONLINE

Participant Onewheel Use and Product Purchase RELEASE AND WAIVER

Name: (“you” or “Participant”) Date:

This is a binding contract, please read it carefully.

For valuable consideration and to induce Boyne Country Sports (the “Retailer”) to permit you to ride, use, test, operate, and purchase the “Onewheel” one-wheeled electronic board (the “Activity”), you (and if a parent or guardian signs below, such parent or guardian) agree to the following terms and make the following representations warranties:

You acknowledge that the Activity is a HAZARDOUS RECREATIONAL ACTIVITY, with a RISK of damage or PERSONAL INJURY, including DEATH, DISMEMBERMENT, DISABILITY or PARALYSIS, to any person or property taking part in the Activity. Such hazards include, but are not limited to, burns, cuts, abrasions, punctures and fractures, to any part of the body, e.g., the head, neck, back and spinal cord, as a result of, among other things, falls, mechanical failure, product defect, or user error. You understand that this is not a complete description of all known and unknown risks, and that other risks of harm may exist and occur.
You acknowledge that you have received a copy of the New Release issued by the U.S. Consumer Product Safety Commission dated November 16, 2022 warning that under certain conditions, Onewheels can cease to balance the rider at speed, causing the rider to be ejected from the product, which can result in serious injury or death.
You knowingly, voluntarily, and EXPRESSLY ASSUME ALL RISKS OF HARM whether foreseen or unforeseen, of any type or nature whatsoever, arising from or relating to the Activity.
In order to induce Retailer to permit Participant to engage in the Activity, Participant hereby RELEASES, WAIVES, and FOREVER DISCHARGES BV BCS, LLC dba Boyne Country Sports, Boyne USA, Inc., Future Motion, Inc., a Delaware corporation (manufacturer of the Onewheel), and their respective parents, subsidiaries, affiliates, successors, assigns, officers, directors, shareholders, employees, agents, designers, engineers, contractors, manufacturers, and insurers, and any other participants in the Activity, and any of them (collectively “Releasees”), from any and all liability, demand, claim, cause of action, damage, injury, or loss of any kind or nature whatsoever, known or unknown, foreseen or unforeseen, including, but not limited to, physical injury, death, paralysis, dismemberment, disability, and property damage arising from or relating to your participation in the Activity (the “Released Claim(s)”), except in the case of gross negligence or willful conduct of the aforementioned.
You further agree and COVENANT NOT TO SUE or make any demand or claim against the Releasees on account of any Released Claim(s) or any other claims arising from or relating to the Activity.
You further agree to INDEMNIFY, DEFEND, and HOLD HARMLESS the Releasees from any loss, liability, damage, demand, claim, cause of action, cost, or expense, including court costs and attorney's fees that Releasees may incur due to your participation in the Activity and/or any Released Claim(s), WHETHER CAUSED BY NEGLIGENCE OF RELEASEES, or otherwise, to the fullest extent allowed by law.
You will pay all court fees, and costs, including attorney’s fees, the Releasees may incur in enforcement of this agreement, and any amounts paid in settlement of or as a result of any judgment on any Released Claim(s).
This agreement, and any claims or causes of action arising from or relating to this agreement or the Activity, will be governed by the laws of the State of Michigan, without reference to conflicts of law principles, and any lawsuit or other legal proceeding arising from or relating to this agreement or the Activity shall be brought exclusively in the state courts located in Emmet County within the State of Michigan or the nearest federal courts. You agree to jurisdiction and venue in such courts.
This agreement is the sole agreement and understanding between you and the Releasees concerning its subject matter, and supersedes any prior or contemporaneous agreements or understandings, oral or written. You acknowledge that you are not relying on any representation, warranty, or inducement other than as set forth explicitly herein.
This agreement may not be amended, modified, or supplemented except in a writing signed by you (and in the case of a minor, your parent or legal guardian), Retailer, and Future Motion, Inc.
Each of the Released Parties (defined above) is an express third-party beneficiary of this agreement, and may enforce this agreement. This agreement is binding upon and for the benefit of the parties, their successors and assigns, their heirs, estates, beneficiaries, their parents, legal guardians, representatives and anyone claiming by, through, or under them.
If any term of this agreement is found to be invalid, illegal, void, or unenforceable for any reason, that term shall be modified to the minimum extent necessary to render it valid, legal, binding and enforceable. If the term cannot be so modified, the offending term will be deemed stricken (only in the circumstances under which it is invalid, illegal, void or unenforceable) and the remainder of this agreement will remain fully valid, binding and enforceable according to its terms.
This release will not be construed strictly, and will be given a reasonable construction as though drafted jointly by all parties.
By singing this agreement, you represent and warrant that you have not consumed alcohol or any controlled substances, and that you are not under the influence of any medication that might impair your ability to safely participate in the Activity. You further represent and warrant that you have no known health conditions that may affect your ability to safely participate in the Activity, and that you are in good health and physically fit to participate.
To the extent that you are injured in participating in the Activity, you agree that Retailer may procure medical treatment on your behalf if you are unconscious or otherwise unable to give consent to medical treatment. Any such medical treatment will be deemed a party of the Activity, and any claims, causes of action, liabilities, damages, or losses arising therefrom or relating thereto will be deemed Released Claim(s).
Any copy of this agreement shall be admissible in evidence in any suit or proceeding, and shall have the same force and effect as an original.

IN SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE AND REPRESENT that (a) you have read and understood all of the foregoing, and understand that it constitutes a RELEASE AND WAIVER OF LIABILITY, and is a binding contract, and (b) that no other representations, warranties, statements or inducements have been made to you, except as set forth above. You are signing this agreement voluntarily and of your own free will prior to participating in the Activity.

Signature:

Name:

Email:

Date:

Date of Birth

Parent or Guardian

If the Participant is under 18 years of age (or the age of majority in his or her jurisdiction, if older) the undersigned person (a) represents and warrants that s/he is the parent or legal guardian of the Participant, (b) agrees to each of the terms, conditions, covenants, representations, and warranties set forth in this agreement on behalf of himself or herself, as well as on behalf of Participant, and (c) agrees to assume full responsibility for the safety of Participant in participating in the Activity. The undersigned further agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS the Releasees from and against any demand, claim, cause of action, or suit that may be brought on behalf of Participant arising from or relating to the Activity, and to pay all fees, damages, and costs, including attorney’s fees, incurred by the Releasees, or any of them, in enforcement of this agreement.

Signature:

Name:

Relationship:

Download Safety Waiver PDF

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