Prototype Electric Skateboard Purchase Waiver
This waiver ("Waiver") is entered into by and between the Purchaser ("Purchaser") and Electric Adrenaline Pty Ltd trading as Radium Performance regarding the purchase of the prototype electric skateboard ("Product").
1. Acknowledgment of Prototype Status
Purchaser acknowledges that the Product is a prototype and has not undergone any formal electrical or product safety certification processes. Purchaser understands that the Product may not meet all applicable safety standards and regulations.
2. Acceptance of Risk
Purchaser accepts and assumes all risks associated with the use of the Product, including but not limited to the risk of injury, property damage, or other unforeseen risks. Purchaser acknowledges that the use of the Product may involve risks that are not fully understood or anticipated.
3. Waiver of Liability
Purchaser agrees to release, waive, and discharge Radium Performance, its affiliates, employees, and representatives from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by Purchaser or any third party, whether caused by the negligence of Radium Performance or otherwise, while using the Product.
4. Indemnification
Purchaser agrees to indemnify, defend, and hold harmless Radium Perfromance, its affiliates, employees, and representatives from and against any and all claims, demands, actions, suits, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to Purchaser's use of the Product.
5. No Warranties
Purchaser acknowledges that the Product is sold "as is" and "with all faults," and Radium Performance makes no warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
6. Limitation of Liability
In no event shall Radium Performance be liable for any indirect, incidental, special, consequential, or punitive damages, or any damages whatsoever, arising out of or related to the use of the Product, even if Radium Performance has been advised of the possibility of such damages.
7. Governing Law
This Waiver shall be governed by and construed in accordance with the laws of Victoria, Australia.
8. Severability
If any provision of this Waiver is found to be unenforceable or invalid, such provision shall be severed from this Waiver and the remaining provisions shall remain in full force and effect.
9. Entire Agreement
This Waiver constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings, representations, and agreements, whether written or oral, regarding such subject matter.