PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF Dragonfly Hyperscooter.
In consideration of Your use of any of the Dragonfly Hyperscooter (defined below) provided by D-Fly Group Ltd, D-fly Group Ltd requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Usage Agreement, Waiver of Liability, and Release (“Agreement”).
You should CAREFULLY READ all terms and conditions before using Dragonfly Hyperscooter. Capitalized terms have the meanings given to them where defined in this Agreement.
• THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION OF RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW •
All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area.
1. GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider is At Least 18 Years Old.
Rider represents and certifies that Rider is at least 18 years old.
1.2 Rider is a Competent Vehicle Operator.
Rider represents and certifies that he/she is familiar with the operation of the Dragonfly Hyperscooter, and is reasonably competent and physically fit to ride the Vehicle. You can find materials provided by the Vehicle manufacturers within your manual. By choosing to ride a Dragonfly Hyperscooter, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Dragonfly Hyperscooter. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.3 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle.
Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws.
1.4 Prohibited Acts. Rider agrees to the following:
• D-Fly Group Ltd recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, smart phone or other item that can alter balance or impair safe operation of the Dragonfly Hyperscooter. If You choose to carry such an item, D-Fly Group Ltd recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.
• You must not place heavy objects on the handlebar of the Dragonfly Hyperscooter, such as heavy backpacks or bags.
• While riding a Dragonfly Hyperscooter, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Dragonfly Hyperscooter safely.
• You must not operate a Dragonfly Hyperscooter while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Dragonfly Hyperscooter safely.
• You must not carry a second person or child on a Dragonfly Hyperscooter.
• You must not mount or dismount kerbs or any other elevated surface. The Dragonfly Hyperscooter is not a stunt scooter. It’s intended use to for road surfaces, trails, tracks, paths and parks where you can legally ride.
• You must not use the Dragonfly Hyperscooter in flooded or through heavy puddles.
1.5 Vehicle is Intended for Only Limited Types of Use.
Rider agrees that he/she will not use the Dragonfly Hyperscooter for racing, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Dragonfly Hyperscooter through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others.
1.6 Weight and Cargo Limits. You must not exceed the maximum weight limit for the Dragonfly Hyperscooter of 120kg including pannier luggage.
1.7 No Alterations.
You must not tamper with, alter software or hardware on Dragonfly Hyperscooter which will void your warranty.
1.8 Charger & Plug
Rider agrees to ONLY use charger and plug provided by D-Fly Group Ltd. No other charger or plug may be used for charging Dragonfly Hyperscooter.
• YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT •
1.9 Electric Vehicle.
The Dragonfly Hyperscooter is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
• The level of charge power remaining in the Dragonfly Hyperscooter will decrease with use of the Dragonfly Hyperscooter (over both time and distance), and that as the level of charge power of the Dragonfly Hyperscooter decreases, the speed and other operational capabilities of the Dragonfly Hyperscooter may decrease (or cease in their entirety).
• The rate of loss of charging power during the use of the Dragonfly Hyperscooter is not guaranteed and will vary based on the Dragonfly Hyperscooter, road conditions, weather conditions, and other factors.
1.9B Charging of Vehicle.
Rider may charge the Dragonfly Hyperscooter only by plugging a manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. Rider agrees to follow all laws and rules pertaining to the charging of the Dragonfly Hyperscooter, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle.
2.1 Safety Check.
Before each use of a Dragonfly Hyperscooter, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the deck, tiller, tires & wheels; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Dragonfly Hyperscooter if there are any noticeable issues, and to immediately notify customer service to alert D-Fly Group Ltd of any problems.
2.2 Helmets; Safety.
D Fly Group Ltd recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. D-Fly Group Ltd do not represent or warrant the quality or safety characteristics of any helmet, and the Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the Dragonfly Hyperscooter, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
3. Choice of Law; Dispute Resolution.
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the UK, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the United Kingdom and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in London, England
4. Voluntary Execution of this Agreement.
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of D-Fly Group Ltd. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
5. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
Rider agrees to fully release, indemnify, and hold harmless D-Fly Group Ltd and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Rider’s use of the Dragonfly Hyperscooter including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct.
Such released are intended to be general and complete releases of all Claims. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to Rider’s use of any of the Dragonfly Hyperscooter.
Rider is aware that Rider’s use of any of the Dragonfly Hyperscooter involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
• vehicles and other objects;
• Vehicle or component malfunction;
• road conditions;
• weather conditions;
• failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.3;
• commission of any of the prohibited acts listed in Section 1.4;
• failure to perform the required safety check pursuant to Section 2.1;
• failure to wear a helmet where required by law; and
• negligent acts or omissions by D-Fly Group Ltd, any other Released Person, Rider, or third party.
Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of D-Fly Group Ltd, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of Dragonfly Hyperscooter, and expressly waives Rider’s rights under any statutes that purport to preserve Rider’s unknown claims.
RIDER ACCEPTANCE OF AGREEMENT
• I certify that I have read and expressly agree to the terms and conditions of Section 10 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Dragonfly Hyperscooter, and am reasonably competent and physically fit to ride the Vehicle.
• I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride a Dragonfly Hyperscooter with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.