DRIVES ME CRAZY, LLC

This Liability Waiver and Hold Harmless Agreement (“Agreement”) is entered into by and between Drives Me Crazy, LLC, a Florida limited liability company registered as a foreign LLC in North Carolina (“Company”), and the ride-on rental parent, legal guardian, or representative thereof (“Parent”) on behalf of their minor child or children (“Child”) participating in the electric ride-on toy car (“Toy Car”) rental activity provided by the Company.

1. Acknowledgement of Risks. Parent acknowledges that the use of battery operated, slow moving electric cars provided by the Company involves inherent risks, including but not limited to collisions, falls, scrapes, bruises, or other injuries. Parent understands that while the Company provided safety equipment (helmets, optional elbow and knee pads) and implements safety measures (neon safety cones at birthday parties, parental remote control to override most Toy Cars), these measures do not eliminate all risks.

2. Assumption of Risk. Parent, on behalf of themselves and their Child, voluntarily assumes all risks associated with the Child’s participation in the Toy Car rental activity, whether known or unknown, and agrees that the Company is not responsible for any injuries, damages, or losses resulting from such participation.

3. Release and Waiver of Liability. Parent, on behalf of themselves, their Child, and their heirs, assigns, and representatives, hereby releases, waives, and discharges the Company, its owners, employees, agents, and affiliates, from any and all liability, claims, demands, actions, or causes of action arising out of or related to any injury, loss, damage, or harm (including personal injury, property damage, damage to third parties, or death) sustained of the Child’s participation in the Toy Car rental activity, except in cases of gross negligence or intentional misconduct by the Company.

4. Hold Harmless and Indemnification. Parent agrees to indemnify, defend, and hold harmless the Company, its owners, employees, agents, and affiliates from any and all claims, liabilities, damages, costs, or expenses (including reasonable attorney’s fees) arising out of or related to Child’s participation in the Toy Car rental activity, including but not limited to claims brought by third parties or on behalf of the Child.

5. Parental Responsibilities. Parent hereby represents and warrants that it is the parent, guardian, or authorized agent of the Child’s parent or guardian, and will indemnify, defend, and hold harmless Company from any claims, damages, losses, or expenses arising out of or in connection with Parent’s representation in this sentence. Parent further agrees to:

   • Ensure a safe environment for the activity, such as a cul-de-sac, park, backyard, or other suitable area free from hazards.

   • Supervise their Child at all times during the activity.

   • Ensure their Child wears provided safety equipment, including a helmet, shoes, and seatbelt at all times while operating the Toy Car.

   • Use the parental remote control override (where applicable) to maintain safe operation of the Toy Cars.

   • Ensure their Child drives in a safe manner, free from hazards.

   • Ensure their Child fits properly in the Toy Car, as the Toy Car is designed for children who are, roughly, the age of three to seven years old, and weigh about sixty-five pounds.

6. Condition of Equipment. Parent acknowledges that the Toy Cars and safety equipment provided by the Company have been inspected and are in good working condition. Parent agrees to notify the Company immediately of any defects or malfunctions observed during the activity. Parent understands that the Toy Car is in fact a toy, and is not to be used in the manner a typical vehicle or car would be, such as on a trafficked road, and Parent will ensure Child understands the Toy Car is not a true and lawful passenger car or vehicle. At no time shall the Toy Car be used in rainy conditions.

7. Medical Authorization and Costs. Parent represents that their child is physically capable of participating in the Toy Car rental activity and has no medical conditions that would prevent safe participation. In the event of an injury, Parent authorizes the Company to seek emergency medical treatment for the Child if deemed necessary. Parent agrees to be solely responsible for any and all medical costs incurred as a result of such treatment.

8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Mecklenburg County, North Carolina.

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

10. Acknowledgement of Understanding. Parent acknowledges that they have read and understood this Agreement, have had the opportunity to ask questions, and voluntarily sign this Agreement on behalf of themselves and their Child. Parent understands that by signing this Agreement, they are waiving certain legal rights, including the right to sue the Company for claims arising from the Child’s participation in the Toy Car rental activity.

11. No Other Agreements. This agreement supersedes all prior oral or written agreements, if any, between Company and Parent, and constitutes the entire agreement between them. This agreement shall not be modified unless done in writing and signed by both parties.

 

For additional information, please see our website:
www.drivesmecrazy.co

Drives Me Crazy, LLC