GOLFBOARD OWNER’S MANUAL
47
6.2 ADDENDUM II
– HELMET REFUSAL
This Helmet Refusal - Addendum (“Addendum”) is part of the Assumption of Risk and Release of Claims
(“Agreement”) entered into by the undersigned GolfBoard Owner (“Owner”), and Owner’s parent/guardian if Owner
is less than eighteen (18) years old, in favor of Sol Boards Inc. (“Sol Boards”) and certain third-party beneficiaries as
a condition of Owner leasing and using a GolfBoard™ four-wheel drive electric board (together with any related
equipment, the “Board”).
1.
I Know a Helmet is Recommended for Safety with Stability Bar Removed
. Owner understands that (i)
if the Board is used without the stability bar,
wearing a helmet is recommended and may help protect
against and reduce the severity of potential head trauma or brain damage that could result in serious
injury, including death, as a result of a fall, collision or other occurrence while using the Board
; (ii)
failure to wear a helmet increases the safety risks of using the Board without the stability bar; (iii) Sol Boards
and common sense recommend that Owner wear a helmet at all times while operating the Board without the
stability bar in place; and it is the Users responsibility to obtain a suitable helmet, which needs to protect both
the front and back of the head.
2.
My Eyes are Open.
User represents and warrants that Owner: (i) has been informed of and understands the
additional dangers and risks of using the Board without wearing a helmet and without the stability bar; and
(ii) wishes to operate the Board without wearing a helmet and without stability bar.
3.
I Don’t Want a Helmet – I’ll Take the Additional Risk
.
Against Sol Boards recommendation, Owner
declines use of the helmet when using Board without its stability bar. Owner, and Owner’s
undersigned parent/guardian if User is a minor, understands that this decision to refuse use of a helmet
increases User’s risk of serious injury, including death, while using the Board without its stability bar,
and voluntarily accepts and assumes all additional risks of operating the Board without wearing a
helmet.
4.
This is Part of the Agreement
.
This Addendum is specifically incorporated into, and is a part of, the
Agreement. The terms of this Addendum are in addition to, and not in limitation of, any of the other terms
of the Agreement. User understands that all provisions in the Agreement—including, without limitation, the
Release of Claims, Limitation of Liability, and Indemnity provisions—extend to this Addendum and to any
claim(s) that could arise from Owner’s refusal to wear a helmet or accept free use of a helmet.
THE OWNER UNDERSTANDS THAT THIS ADDENDUM WAIVES SUBSTANTIAL LEGAL RIGHTS AND
HAS CAREFULLY READ THIS ENTIRE ADDENDUM. THE OWNER AGREES TO ALL TERMS OF THIS
ADDENDUM FREELY AND VOLUNTARILY WITH THE INTENT OF BEING LEGALLY BOUND BY IT.
