WAIVER AND RELEASE OF LIABILITY DECLARATION For Use of Static Wheelie Machine and/or Personal Motorcycle

This Waiver and Release of Liability Declaration (the “Waiver”) is entered into by the undersigned individual (the “Participant”) in favour of Mayhem Wheelies, its owners, directors, employees, contractors, trainers, agents, affiliates, and any associated persons or entities (collectively, the “Released Parties”).

By signing this Waiver, the Participant acknowledges and agrees to the following terms and conditions:

1. Acknowledgment of Risks

1.1. The Participant understands and acknowledges that the use of a static wheelie machine and/or a personal motorcycle for training purposes carries significant risks, including but not limited to:

• Personal injury ranging from minor bruises to permanent disability or death.

• Damage to personal property, including but not limited to motorcycles, gear, and equipment.

• Risks associated with improper handling, mechanical failure, or loss of control of the machine or motorcycle.

• Emotional distress or mental strain resulting from participation.

• Risks arising from the negligence of the Participant, trainers, or other participants.

  
  

1.2. The Participant voluntarily assumes all risks associated with participation, regardless of whether such risks are known or unknown at the time of signing.

2. Waiver and Release of Liability

2.1. General ReleaseThe Participant, on behalf of themselves, their heirs, executors, personal representatives, and assigns, waives, releases, and forever discharges the Released Parties from any and all claims, demands, causes of action, damages, liabilities, costs, or expenses of any kind, including those arising from negligence or the actions of third parties, related to or resulting from participation in the activity.

2.2. IndemnificationThe Participant agrees to indemnify, defend, and hold harmless the Released Parties from any claims, damages, injuries, or legal actions brought against them as a result of the Participant’s actions, failure to follow instructions, or use of the equipment.

3. Use of Personal Motorcycle

3.1. If the Participant chooses to use their own motorcycle on the static wheelie machine or during training, they acknowledge and agree that:

• Their motorcycle is in a safe, roadworthy, and mechanically sound condition.

• They assume full responsibility for any damage, loss, or mechanical failure that occurs during use.

• The Released Parties are not responsible for any repairs, maintenance, or damages to the Participant’s motorcycle.

  
  

3.2. The Participant acknowledges that insurance coverage for their motorcycle is their sole responsibility and that the Released Parties are not liable for any costs associated with insurance claims.

4. Safety Gear and Compliance with Instructions

4.1. Mandatory Safety GearThe Participant agrees to wear the following minimum safety gear while using the static wheelie machine or participating in training:

• DOT-approved helmet

• Protective gloves

• Long-sleeve protective clothing (e.g., motorcycle jacket)

• Sturdy footwear (no sandals or open-toed shoes)

4.2. Assumption of Risk for Not Wearing Safety Gear

• If the Participant chooses not to wear the recommended safety gear, they fully accept all risks of injury, permanent disability, or death resulting from this decision.

• The Released Parties are not responsible for any injuries or consequences that could have been mitigated by wearing protective gear.

4.3. Obligation to Follow Instructions

• The Participant agrees to follow all safety instructions provided by trainers or staff.

• Failure to follow safety protocols may result in termination of the session without refund.

5. Prohibited Conduct

The Participant agrees not to engage in any of the following behaviors while using the static wheelie machine or participating in training:

• Reckless, dangerous, or irresponsible operation of the equipment.

• Use of drugs, alcohol, or any substances that may impair judgment.

• Attempting tricks, stunts, or maneuvers beyond their skill level.

• Ignoring or refusing to comply with staff instructions.

  
  

Failure to comply may result in immediate termination of participation without refund.

6. Acknowledgment of Understanding

6.1. The Participant acknowledges that:

• They have read and fully understand this Waiver.

• They are voluntarily participating with full knowledge of the risks involved.

• They understand that they are waiving substantial legal rights, including the right to sue the Released Parties.

6.2. The Participant certifies that they are of legal age to sign this Waiver and are mentally competent to do so.

6.3. If the Participant is under 18 years of age, this Waiver must be signed by a parent or legal guardian, who assumes full responsibility for the minor’s participation.

7. Governing Law and Dispute Resolution

7.1. This Waiver shall be governed by the laws of New Zealand, and any disputes shall be resolved under the jurisdiction of New Zealand courts.

7.2. In the event of a legal dispute, the Participant agrees to first attempt mediation before pursuing legal action.

8. Severability Clause

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

SIGNATURE SECTION

I HAVE READ THIS WAIVER, FULLY UNDERSTAND ITS TERMS, AND SIGN IT VOLUNTARILY WITHOUT ANY INDUCEMENT.

If Participant is under 18: