Riding a bike or trike can result in injury or death. By riding a WizWheelz trike, the rider is expressly assuming the risk for any injury that may result from same.
The owner is responsible for any and all injuries and/or property damages caused by the owner or another riding the owner’s trike or any use of an accessory manufactured by, distributed, or sold by WizWheelz, Inc.
The owner of a TerraTrike (also known as a WizWheelz) or any related accessory shall indemnify WizWheelz for any damage or financial loss incurred by WizWheelz as the result of an injury or property damage caused by any use of the TerraTrike or accessory.
WizWheelz shall not be liable for any special, indirect consequential, incidental or other similar damages suffered by the purchaser or any third party, including, without limitation, damages for loss of profits or business or damages resulting from use or performance of the product, whether in contract or in tort, even if WizWheelz or its authorized representative has been advised of the possibility of such damages.
CHOICE OF LAW
Any person or entity that uses or utilizes any trike, accessory, equipment, tools, or other item that is manufactured, distributed, or sold by WizWheelz, Inc. irrevocably and unconditionally agrees that he, she, or it will not bring any action, litigation, or proceeding against any other party in any way arising from or relating to said item in any forum other than the courts of the state of Michigan sitting in Kent County and any applicable Michigan appellate court. Said person or entity irrevocably and unconditionally submits to the exclusive jurisdiction of those courts and agrees to bring any such action, litigation, or proceeding only in those courts.
All terms, conditions, dispute, claim, action, litigation, contract term, etc. relating to any trike, accessory, equipment, tools, or other item that is manufactured, distributed, or sold by WizWheelz, Inc. and all matters arising out of or relating to the aforementioned will be governed by, and construed in accordance with, the laws of the state of Michigan, United States of America, without regard to its conflict of laws provisions to the extent that those principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of Michigan. A rider or owner of a TerraTrike and/or the owner of any accessories thereto, agrees that the United Nations Convention on Contracts for the International Sale of Goods does not apply.