MICRO-MOBILITY VEHICLE WAIVER OF LIABILITY, RELEASE AND INDEMNITY AGREEMENT THIS MICRO-MOBILITY VEHICLE USAGE AGREEMENT (this "agreement")
BETWEEN:

ELVY Inc of 151 Pony Dr, Newmarket, ON L3Y 7BS (the "Manufacturer")

- AND –

IN CONSIDERATION of the mutual covenants and promises in this Agreement and other valuable consideration, the sufficiency of which consideration the Parties hereby acknowledge, the Manufacturer offers the Micro-Mobility Vehicle (SARIT) described in this Agreement to the Driver to be driven for the approved duration on the following terms:

Micro-Mobility Vehicle Details

1. The Driver desires to drive the SARIT Micro-Mobility Vehicle by ELVY INC. from the Manufacturer for educational, professional, or personal use.

Warranties

2. Except as expressly provided in this Agreement, no warranties, either express or implied, statutory or otherwise, as to any matter whatsoever, have been given by the Manufacturer.

Driver Obligations

3. The Driver agrees to operate the SARIT with a minimum G1 or M1 Ontario license
4. The Driver agrees to irrevocably, fully and unconditionally waive any claim against the Manufacturer from all actions, complaints, loses and damages in their entirety regardless of the cause or blame
5. The Driver agrees to hold harmless and indemnify the Manufacturer from any claim, lawsuit or action, including legal fees, resulting from the use of the SARIT
6. the Driver agrees to indemnify the Manufacturer from any loss, and in order to prevent such loss, the Driver will do the following:
   • indemnify the Manufacturer from all claims and expenses resulting from the maintenance and use of the SARIT; and
   • hold the Manufacturer harmless in the event of an incident, altercation, or accident
7. the Driver is prohibited from using, transferring, or altering the SARIT
8. the Driver will operate the SARIT in full frame of mind, free of distraction, including, but not limited to:
   • no smartphone usage
   • no camera/video recording device usage
   • no eating or drinking
   • Having no ill effects from alcohol or drugs (legal or illicit), also known as driving under the influence (DUI) ; and
9. the SARIT is not to be used illegally, or as a SARIT for hire or public transport
10. the Driver will not transfer or assign the SARIT, to a third party
11. The Driver agrees to operate the SARIT as directed, within the locations, speeds and conditions imposed through verbal or written direction; and
12. The Driver agrees to operate the SARIT in a safe manner on approved roads and paths
13. The Driver agrees to immediate stop using the SARIT if you believe conditions to be unsafe; and
14. The Driver agrees to adjust speed and usage based on weather, pedestrian and other conditions 

Inspections

15. The Manufacturer acknowledges that the SARIT has been offered in a good state of repair, not including wear and tear which would not be visible at time of usage

General Provisions

16. All costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by enforcing this Agreement as a result of any default by the Driver, will be added to the amount then outstanding and will immediately be paid by the Driver.
17. The clauses and paragraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation of any other part of this Agreement.
18. If there is a conflict between any provision of this Agreement and any form of Agreement prescribed by applicable legislation of Ontario (the 'Act"), that prescribed form from the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with that prescribed form. Further, any provisions that are required by the Act are incorporated into this Agreement.
19. Headings are inserted for the convenience of the parties to this Agreement only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
20. This Agreement constitutes the entire agreement between the parties to this Agreement and there are no further items or provisions, either oral or otherwise.
21. The Driver is entitled to a complete copy of this Agreement. This Agreement should not be signed until all terms have been set out and the Driver has read it entirely.
22. This Agreement will be governed by the laws of Ontario.