ELITE BMX BIKES – WAIVER & RELEASE OF LIABILITY AGREEMENT

ELITE BMX BIKES

ASSUMPTION OF RISK, RELEASE OF LIABILITY, TERMS OF USE & SAFETY AGREEMENT

IMPORTANT – READ CAREFULLY BEFORE PURCHASING, ASSEMBLING, RIDING, OR ALLOWING ANOTHER PERSON TO USE THIS PRODUCT

This Assumption of Risk, Release of Liability, Terms of Use & Safety Agreement ("Agreement") governs the purchase, assembly, ownership, maintenance, operation, and use of all bicycles, frames, forks, handlebars, wheels, components, accessories, replacement parts, and related products (collectively, the "Products") manufactured, imported, distributed, or sold by Elite BMX Bikes and its parent companies, subsidiaries, affiliates, successors, assigns, officers, directors, employees, representatives, distributors, authorized dealers, retailers, and agents (collectively, "Elite BMX").

By purchasing, accepting delivery of, assembling, registering, possessing, operating, riding, lending, renting, demonstrating, servicing, or otherwise using any Product, you acknowledge that you have read, understood, and voluntarily agree to be bound by the terms of this Agreement.

If you do not agree to these terms, do not assemble, ride, or use the Product. Return any unused Product in accordance with the applicable return policy.

1. BMX RIDING INVOLVES INHERENT RISKS

BMX riding is an inherently dangerous recreational activity involving risks that cannot be completely eliminated regardless of the care taken in the design, manufacture, assembly, inspection, maintenance, or operation of the Product.

The Rider understands and voluntarily accepts that the use of any BMX bicycle involves known and unknown hazards that may result in property damage, equipment failure, serious bodily injury, permanent disability, paralysis, or death.

These risks include, but are not limited to:

  • Falls from the bicycle.
  • Loss of traction or control.
  • Collisions with vehicles, pedestrians, animals, riders, or fixed objects.
  • Mechanical or component failure.
  • Structural fatigue caused by repeated impacts.
  • Improper assembly.
  • Improper maintenance.
  • Rider error.
  • Excessive speed.
  • Road, trail, skatepark, or terrain hazards.
  • Weather conditions.
  • Jumping, dropping, racing, grinding, manuals, wheelies, aerial maneuvers, or freestyle tricks.
  • Unexpected obstacles or changing riding conditions.

The Rider understands that no bicycle is immune from damage or failure and that aggressive riding significantly increases these risks.

2. INTENDED USE

Elite BMX Products are designed for specific riding disciplines and intended uses.

Each Product is engineered with particular design characteristics, materials, and intended applications. A bicycle that performs safely within one category of riding may not be suitable for another.

The Rider agrees to use the Product only in a manner consistent with its intended purpose and recognizes that misuse, abuse, neglect, or operation outside the Product's intended design may result in component failure and serious injury.

Elite BMX bicycles are not intended to be indestructible and should never be considered incapable of failure under heavy loads, repeated impacts, abusive riding, improper maintenance, or operation outside their intended design parameters.

3. RIDER RESPONSIBILITY

The Rider is solely responsible for determining whether:

  • The bicycle is appropriate for the Rider's height and body size.
  • The bicycle is appropriate for the Rider's weight.
  • The bicycle is appropriate for the Rider's experience and skill level.
  • The riding environment is suitable.
  • The Product has been properly assembled.
  • The Product is properly maintained.
  • The Product is safe to operate before every ride.

The Rider understands that Elite BMX cannot supervise the operation of the Product after it leaves the possession of Elite BMX or an authorized dealer.

Accordingly, the Rider accepts full responsibility for the continued safe use, inspection, maintenance, storage, transportation, and operation of the Product.

4. RIDER WEIGHT, SIZE & SKILL LEVEL

Every bicycle has practical engineering limitations.

The Rider acknowledges that exceeding the recommended rider size, rider weight, riding intensity, or intended riding discipline may substantially increase stresses placed upon the frame, fork, wheels, handlebars, stem, cranks, pedals, and other structural components.

Aggressive riding performed by heavier riders subjects bicycle components to significantly greater forces than ordinary recreational riding.

The Rider accepts sole responsibility for selecting a bicycle appropriate for the Rider's individual characteristics, including height, weight, experience, riding style, and intended use.

Operation of a bicycle beyond its intended limitations may result in sudden component failure without warning.

5. AGGRESSIVE RIDING ACKNOWLEDGMENT

The Rider specifically acknowledges that BMX riding commonly involves:

  • Skateparks
  • Dirt jumps
  • Pump tracks
  • Street riding
  • Stair sets
  • Gaps
  • Drops
  • Manuals
  • Wheelies
  • Bunny hops
  • Grinds
  • Spins
  • Tailwhips
  • Barspins
  • Backflips
  • Frontflips
  • Racing
  • Competition

These activities generate impact loads and forces that may substantially exceed those encountered during ordinary transportation or recreational cycling.

Repeated impacts accelerate wear, reduce the service life of components, and increase the likelihood of fatigue-related failures.

The Rider voluntarily assumes all risks associated with participating in these activities.

6. PRODUCT FATIGUE

All bicycle components possess a finite service life.

Frames, forks, handlebars, stems, cranks, wheels, pedals, seat posts, axles, and structural components gradually weaken over time due to repeated loading cycles, impacts, vibration, corrosion, misuse, environmental exposure, improper maintenance, and normal wear.

Unlike cosmetic wear, structural fatigue may not always be visible before failure occurs.

The Rider understands that:

  • Metal fatigue is unavoidable.
  • Aluminum, chromoly steel, high-tensile steel, carbon fiber, magnesium, titanium, and composite materials all possess finite fatigue lives.
  • No bicycle frame is warranted or represented to be unbreakable.
  • Component replacement is a normal part of bicycle ownership.

The Rider agrees to discontinue riding immediately if there is any reason to suspect structural damage or abnormal operation.

7. PROFESSIONAL ASSEMBLY

Elite BMX bicycles are precision mechanical products that require proper assembly and adjustment before operation.

Many bicycles are shipped partially assembled for transportation purposes. Final assembly may require the installation and proper adjustment of components including, but not limited to:

  • Handlebars
  • Stem
  • Front wheel
  • Front brake
  • Pedals
  • Seat and seat post
  • Axle hardware
  • Rotor or gyro components (if equipped)
  • Pegs (if equipped)
  • Chain tension
  • Brake cable tension
  • Tire inflation

Improper assembly may result in loss of steering, brake failure, wheel separation, component loosening, or other conditions that may cause serious injury or death.

Elite BMX strongly recommends that all bicycles be assembled, inspected, and adjusted by a qualified bicycle mechanic before the first ride.

If the purchaser elects to assemble the bicycle without professional assistance, the purchaser assumes full responsibility for ensuring that the bicycle has been assembled correctly and is safe to operate.

8. PRE-RIDE INSPECTION

The Rider agrees that every bicycle shall be inspected before each and every ride.

The Rider shall verify, at a minimum, that:

  • The handlebars are properly aligned and securely tightened.
  • The stem is properly tightened.
  • The headset operates smoothly without excessive looseness.
  • Both wheels are fully seated and securely attached.
  • Tires are properly inflated and free from excessive wear or damage.
  • Spokes are intact and properly tensioned.
  • Cranks are securely fastened.
  • Pedals rotate properly.
  • The chain is correctly tensioned and lubricated.
  • Brakes (when equipped) function properly.
  • Seat and seat post are securely clamped.
  • All fasteners remain tightened to the manufacturer's recommended torque specifications.
  • No visible cracks, bends, dents, corrosion, excessive wear, or structural damage are present.

Failure to perform a proper inspection before riding significantly increases the likelihood of mechanical failure and serious injury.

9. POST-CRASH INSPECTION

Any bicycle involved in a collision, fall, crash, hard landing, impact, or other unusual event shall be immediately removed from service until thoroughly inspected.

Even if no visible damage exists, impacts may create hidden structural defects or reduce the remaining fatigue life of components.

Following any significant impact, the Rider should discontinue riding until the bicycle has been inspected by a qualified bicycle mechanic.

Replacement of damaged structural components is strongly recommended rather than attempting repairs to frames, forks, handlebars, or other load-bearing parts unless specifically approved by the original manufacturer.

10. MAINTENANCE RESPONSIBILITIES

Proper maintenance is essential to the safe operation of every bicycle.

The Rider accepts sole responsibility for maintaining the bicycle throughout its service life.

Routine maintenance includes, but is not limited to:

  • Bolt torque verification
  • Bearing adjustment
  • Chain lubrication
  • Chain wear inspection
  • Brake adjustment
  • Tire pressure
  • Wheel truing
  • Spoke tension
  • Headset adjustment
  • Bottom bracket inspection
  • Crank inspection
  • Pedal inspection
  • Replacement of worn tires, chains, bearings, brake pads, cables, grips, and other consumable components

Failure to properly maintain the Product may result in premature wear, loss of control, or catastrophic component failure.

11. PRODUCT MODIFICATIONS

Elite BMX designs and tests its Products as complete systems.

Unauthorized modifications may alter structural integrity, handling characteristics, braking performance, or overall safety.

Unless specifically approved in writing by Elite BMX, Riders should not:

  • Weld any frame or component.
  • Drill holes into structural components.
  • Heat, bend, reshape, or modify any frame or fork.
  • Install incompatible aftermarket components.
  • Install motors or propulsion systems.
  • Alter brake systems in a manner inconsistent with the original design.
  • Remove safety-related components.
  • Modify wheel spacing, axle retention systems, or steering components.

The Rider assumes all risks arising from any modification or alteration of the Product.

Elite BMX shall not be responsible for injuries or damages resulting from modified Products.

12. WEAR, ABUSE & MISUSE

No bicycle is immune from wear.

Repeated impacts, aggressive riding, improper landings, collisions, misuse, neglect, corrosion, poor maintenance, environmental exposure, and improper storage accelerate component deterioration.

Examples of misuse include, but are not limited to:

  • Riding with loose components.
  • Riding a damaged bicycle.
  • Exceeding intended rider weight.
  • Riding beyond one's skill level.
  • Towing objects or vehicles.
  • Carrying multiple riders.
  • Using the bicycle while impaired by alcohol or drugs.
  • Continuing to ride after unusual noises develop.
  • Riding without inspecting the bicycle after a crash.
  • Ignoring manufacturer warnings.

Such conduct substantially increases the risk of injury.

13. HELMETS & PROTECTIVE EQUIPMENT

Elite BMX strongly recommends that every Rider wear properly fitted protective equipment whenever operating any Product.

Recommended protective equipment includes:

  • A helmet certified to applicable bicycle safety standards.
  • Eye protection.
  • Gloves.
  • Knee protection.
  • Elbow protection.
  • Closed-toe footwear.
  • Long sleeves and long pants when appropriate.

Protective equipment reduces—but does not eliminate—the risk of injury.

Failure to wear appropriate protective equipment may increase the severity of injuries sustained in a crash.

14. SAFE RIDING PRACTICES

The Rider agrees to exercise sound judgment while operating the Product.

The Rider agrees to:

  • Ride within personal ability.
  • Obey applicable traffic laws where applicable.
  • Yield to pedestrians.
  • Avoid distracted riding.
  • Maintain control of the bicycle at all times.
  • Avoid riding in unsafe weather conditions when visibility or traction is impaired.
  • Ride only on surfaces appropriate for the bicycle.
  • Avoid reckless or intentionally dangerous behavior.

The Rider acknowledges that no manufacturer can predict or eliminate every hazard that may be encountered during bicycle operation.

15. PRODUCT LIFE EXPECTANCY

The useful life of every bicycle depends upon numerous factors, including:

  • Rider weight
  • Rider skill
  • Riding style
  • Frequency of use
  • Jump height
  • Landing technique
  • Terrain
  • Maintenance
  • Storage conditions
  • Environmental exposure

Because these variables are beyond the control of Elite BMX, Elite BMX cannot guarantee the service life of any frame or component.

The Rider acknowledges that periodic replacement of structural and wear components is a normal and expected aspect of bicycle ownership and agrees not to continue using any Product that exhibits signs of damage, excessive wear, or unsafe operation