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ADULT WAIVER

MONKEY MOTO SCHOOL PARTICIPANT AGREEMENT, INDEMNIFICATION, GENERAL RELEASE, AND ASSUMPTION OF RISK

IMPORTANT: MOTORCYCLING IS AN INHERENTLY DANGEROUS ACTIVITY.


In consideration of being allowed to participate in activities ("Activities") provided by Monkey Moto School, including but not limited to motorcycle and scooter lessons for beginners and intermediates, observing such lessons, and entering any "Restricted Area" (defined as public and private rights of way, parking lots, access roads, practice tracks, and other areas related to motorcycle and scooter lessons), I, on behalf of myself, my spouse, my children, my parents, my guardians, my heirs, assigns, personal representatives, and estate, hereby agree to forever release, indemnify, and discharge Evan Arkush and all individuals associated with Monkey Moto School.


Acknowledgment of Inspection and Safety

I acknowledge that I am responsible for inspecting any motorcycle, scooter, or Restricted Area before use. My entry into or use of any Restricted Area constitutes my acceptance that it is safe and suitable for its intended use. If at any time I feel unsafe about the Restricted Area, equipment, or techniques used in the motorcycle lessons, I will immediately notify the instructor. I confirm that I am 18 years of age or older.


Assumption of Responsibility for Equipment Condition

I acknowledge that I am responsible for ensuring that any motorcycle or scooter I use during the Activities is in proper working condition before use. I agree to immediately report any mechanical issues to the instructor or staff.


Assumption of Risk

I specifically acknowledge that motorcycling involves inherent risks, including, but not limited to, the risk of serious injury or death, and I voluntarily assume all such risks. These risks may arise from factors including, but not limited to, road surface hazards, mechanical malfunctions, weather conditions, negligence by myself or others, and incomplete or misunderstood instructions


Medical Fitness and Disclosure

I certify that I am in good health and have no physical or medical conditions that would interfere with my ability to participate in the Activities. I agree to disclose any relevant medical conditions to the instructor prior to participating in the Activities.


Acknowledgment of Training and Instruction

I acknowledge that I have received, or will receive, adequate training and instruction before participating in the Activities. I agree to follow all instructions provided by Monkey Moto School and understand that failure to do so may increase the risk of injury.


General Release

I voluntarily release, acquit, and forever discharge Evan Arkush and all individuals associated with Monkey Moto School from any and all claims, actions, suits, damages, and demands arising out of or related to my participation in the Activities, except in cases of gross negligence or intentional misconduct.


Voluntary Participation and Insurance

I understand that I am voluntarily participating in these Activities and assume all risks of personal injury, death, disability, or damage to personal property. I assume full financial responsibility for any injury or damage I may cause or suffer during my participation in the Activities. I certify that I have adequate health insurance to cover any injury or damage that I may cause or suffer, or I agree to personally bear the costs of such injury or damage.


Governing Law and Arbitration

I agree that this agreement shall be governed by the laws of California, without regard to conflict of law rules. Any disputes arising from this agreement shall be resolved through binding arbitration in San Francisco, California, under the current Commercial Arbitration Rules of the American Arbitration Association. If any part of this agreement is found to be unenforceable, the remaining portions shall remain in full effect.


Severability Clause

If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Future Applicability

I understand that this agreement remains in full force and effect each time I participate in lessons with Monkey Moto School at any location. I agree to indemnify and hold harmless Evan Arkush and all individuals associated with Monkey Moto School from any and all losses, liabilities, claims, costs, damages, and expenses, including attorney’s fees, arising from any injury, damage, or harm I may cause to others during the lessons.


Waiver of Legal Action

By signing this document, I waive my right to bring any lawsuit or action against Evan Arkush and/or anyone associated with Monkey Moto School for any personal injury, death, or property damage, except in cases of gross negligence or intentional misconduct. I confirm that I have read and fully understand this waiver, including its risks, terms, and conditions. I voluntarily agree to all provisions and sign this document willingly.


Emergency Medical Treatment

In the event of an emergency, I authorize Monkey Moto School to secure medical treatment on my behalf if necessary. I understand that I am responsible for any costs incurred due to such treatment.


Agreement to Cover Costs for Damage

I agree to pay for the repair or replacement of any parts damaged due to my use of the motorcycle or scooter, including towing fees, public transportation, and taxicab/Uber/Lyft costs, but excluding repairs needed due to normal wear and tear.

Consent to Use of Likeness
I authorize the use of my likeness.
I DO NOT authorize the use of my likeness.
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