SCOOT AROUND LLC

PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNIFICATION

This Agreement is entered into by the undersigned Participant in consideration for being permitted to rent, operate, or otherwise use electric scooters and/or electric bicycles (“Equipment”) provided by Scoot Around LLC, including its owners, members, managers, officers, employees, contractors, volunteers, affiliates, insurers, successors, and assigns (collectively, “SA”).

By signing below, Participant agrees as follows:


1. ACKNOWLEDGMENT AND ASSUMPTION OF INHERENT RISKS

Participant understands that operating an electric scooter or electric bicycle is a hazardous activity that involves inherent, obvious, and unforeseeable risks which may result in serious bodily injury, permanent disability, paralysis, death, property damage, or financial loss.

These risks include, but are not limited to:

  • Collisions with vehicles, pedestrians, cyclists, fixed objects, or other riders
  • Traffic hazards and roadway defects including potholes, gravel, debris, uneven pavement, and wet surfaces
  • Equipment malfunction, mechanical failure, or battery failure
  • Loss of balance or loss of control
  • Negligent or reckless acts of other participants or third parties
  • Weather conditions including extreme heat, cold, wind, or precipitation
  • Exposure to communicable diseases
  • Physical exertion, dehydration, or aggravation of pre-existing conditions

Participant expressly and voluntarily assumes all risks, known or unknown, foreseeable or unforeseeable, even if arising from the negligence of SA.

Participant affirms they are physically capable of safely operating the Equipment and agree to wear a properly fitted and secured certified helmet at all times.


2. RELEASE, WAIVER, AND DISCHARGE OF LIABILITY

To the fullest extent permitted by Kentucky law, Participant hereby releases, waives, discharges, and covenants not to sue SA from any and all claims, liabilities, demands, causes of action, damages, losses, or expenses of any kind arising out of or related to:

  • Participation in scooter or e-bike activities
  • Use, misuse, or operation of the Equipment
  • Any alleged negligent act or omission of SA

This release includes claims for:

  • Personal injury
  • Wrongful death
  • Property damage
  • Economic loss
  • Emotional distress

This waiver applies even if the injury or damage is caused in whole or in part by the negligence of SA, except where prohibited by law.

Participant understands they are giving up substantial legal rights, including the right to sue.


3. INDEMNIFICATION AND DEFENSE

Participant agrees to fully indemnify, defend, and hold harmless SA from any and all claims, lawsuits, damages, liabilities, losses, costs, or attorney’s fees arising out of:

  • Participant’s use or misuse of Equipment
  • Participant’s violation of any law, ordinance, or traffic regulation
  • Any damage or injury caused by Participant to third parties or property

This indemnification obligation survives termination of this Agreement.

If SA is required to enforce this Agreement, Participant agrees to pay all attorney’s fees, court costs, and collection expenses incurred by SA.


4. RESPONSIBILITY FOR DAMAGE, LOSS, OR THEFT

Participant acknowledges and agrees:

  • The individual whose account initiated the rental is fully financially responsible for the Equipment during the rental period.
  • Participant assumes full responsibility for any damage, destruction, theft, vandalism, or loss of the Equipment, regardless of fault.
  • Participant authorizes SA to charge the payment method on file for the full cost of repair or replacement, including administrative and recovery costs.

If payment is not made, SA may pursue all available legal remedies, including filing suit in Boyd County, Kentucky. Participant agrees to be responsible for all collection costs, attorney’s fees, and court costs associated with recovery.


5. MEDICAL RESPONSIBILITY AND INSURANCE

Participant affirms they have adequate medical and liability insurance coverage. If not, Participant agrees to bear full responsibility for any medical expenses, property damage, or other loss arising from participation.

Participant authorizes SA to obtain emergency medical treatment on their behalf if necessary and agrees to be financially responsible for all associated costs.


6. GOVERNING LAW, VENUE, AND JURISDICTION

This Agreement shall be governed by and construed under the laws of the Commonwealth of Kentucky.

Participant agrees that any dispute, claim, or lawsuit arising from this Agreement or participation shall be brought exclusively in the courts located in Boyd County, Kentucky, and Participant consents to the personal jurisdiction of those courts.


7. SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.


8. CONTINUING EFFECT

This Agreement applies to the current rental and all future rentals or participation with SA unless revoked in writing and accepted by SA.


9. ACKNOWLEDGMENT OF UNDERSTANDING

By signing below, Participant acknowledges:

  • They have carefully read this entire Agreement.
  • They fully understand its terms.
  • They understand they are waiving important legal rights.
  • They voluntarily agree to be legally bound.

Participant affirms they are at least 18 years old. If under 18, a parent or legal guardian must sign below.


PARTICIPANT INFORMATION

Print Name: ______________________________________

Date of Birth: ____________________

Phone: ___________________________

Address: _________________________________________

City: __________________ State: ______ Zip: ________

Email: ___________________________________________

Signature: _______________________________________

Date: __________________


PARENT OR LEGAL GUARDIAN AGREEMENT

(Required for Participants Under 18 Years of Age)

In consideration of the minor(s) listed below being permitted to participate and use Equipment, I, the undersigned parent or legal guardian:

  • Consent to the minor’s participation
  • Assume all risks on behalf of the minor
  • Release and waive all claims against SA on behalf of the minor
  • Agree to indemnify and defend SA against any claims brought by or on behalf of the minor

Minor Name(s) and DOB(s):


Parent/Guardian Name (Print): _______________________

Signature: ________________________________________

Date: __________________