RETRO GLOW CYCLES
GENERAL RELEASE OF LIABILITY – BICYCLE REPAIR
Retro Glow Cycles LLC is pleased to be of service to you. Please review the following terms that govern any sales or services performed by Retro Glow Cycles. BY SIGNING BELOW, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS.
- You certify that you are the owner of any bicycle that you have authorized Retro Glow Cycles to service or repair.
- You understand that the service or repairs performed by Retro Glow Cycles may not be covered by any manufacturer warranties and may void the manufacturer warranties, if any, on your bicycle.
- You are aware that the sport of cycling involves numerous risks of injury or death. You assume all risks and hazards involved with cycling and assume all personal liability in case of injury. In the event of any damages, accident or loss (including, without limitation, personal injury or death) while operating a bicycle, you hereby expressly waive any and all claims against Retro Glow Cycles and release from any and all legal liability and agree not to sue or make a claim against, and to indemnify, defend and hold harmless Retro Glow Cycles, its owners, directors, officers and employees from any and all claims and causes of action, liabilities, costs or losses for property damage or physical or mental injuries, relating to or in any manner connected with any sales or services performed by Retro Glow Cycles. You also agree that this release binds your spouse, heirs, legal representatives, and assigns.
- You understand that Retro Glow Cycles makes no verbal or written warranties, whether express or implied, regarding the Retro Glow Cycles sales, services or any repairs performed by Retro Glow Cycles. RETRO GLOW CYCLES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO AND EXCEPT AS EXPRESSLY PROVIDED IN ANY MANUFACTURER WARRANTIES, THE SALES AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RETRO GLOW CYCLES NOR ANY PERSON ASSOCIATED WITH RETRO GLOW CYCLES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY SALES OR SERVICES PERFORMED BY RETRO GLOW CYCLES.
- EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, RETRO GLOW CYCLES SHALL NOT BE LIABLE FOR ANY LOSS (EVEN IF SUCH LOSS ARISES AS A DIRECT OR IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES), NOR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OR OTHERWISE, EVEN IF RETRO GLOW CYCLES HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, THE MAXIMUM LIABILITY OF RETRO GLOW CYCLES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
- These terms will be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those of the State of Illinois.