Waiver, Release of Liability, and Assumption of Risk Agreement

Date Published: June 26, 2026

This Waiver, Release of Liability, and Assumption of Risk Agreement ("Agreement") is entered into by the purchaser, owner, operator, or other person accepting this Agreement ("Customer," "you," or "your") in favor of Triple J Imports, Inc., which markets and sells certain products under the Viscena brand, together with its affiliates, owners, shareholders, officers, directors, employees, agents, contractors, distributors, authorized dealers, service providers, successors, and assigns (collectively, the "Released Parties").

This Agreement applies to all Viscena electric dirt bikes, electric motorcycles, e-motos, replacement parts, batteries, chargers, accessories, and related products purchased from Viscena or an authorized Viscena dealer (collectively, the "Product" or "Products").

PLEASE READ THIS AGREEMENT CAREFULLY. ELECTRIC DIRT BIKES AND E-MOTOS ARE HIGH-POWERED MOTORIZED VEHICLES. THEIR OPERATION INVOLVES THE RISK OF SERIOUS INJURY, PERMANENT DISABILITY, PROPERTY DAMAGE, AND DEATH.

By purchasing, accepting delivery of, assembling, possessing, charging, maintaining, modifying, transporting, storing, or operating a Product, and by electronically accepting this Agreement where acceptance is required, you acknowledge and agree to the following terms.

1. Acknowledgment of Inherent and Other Risks

Customer understands and acknowledges that the ownership, assembly, charging, maintenance, and operation of electric dirt bikes and other motorized Products involve inherent and significant risks.

These risks include, without limitation:

loss of control;
collisions with motor vehicles, other riders, pedestrians, animals, structures, trees, rocks, barriers, or other objects;
falls, rollovers, and ejection from the Product;
serious bodily injury, paralysis, permanent disability, or death;
property damage;
high speeds, rapid acceleration, and unexpected throttle response;
reduced traction or loss of traction;
steep grades, jumps, obstacles, loose surfaces, mud, sand, gravel, water, snow, ice, and other terrain conditions;
poor visibility and changing weather conditions;
rider error, inexperience, fatigue, distraction, or impaired judgment;
the acts or omissions of other riders, drivers, pedestrians, or third parties;
improper assembly, adjustment, inspection, maintenance, repair, or storage;
loose, worn, damaged, incorrectly installed, or improperly adjusted components;
tire, wheel, suspension, brake, throttle, controller, motor, battery, frame, steering, drivetrain, or electrical-system failure or malfunction;
loss of braking ability or reduced braking performance;
electrical shock;
battery damage, overheating, fire, smoke, venting, or other lithium-ion battery hazards;
improper charging practices;
use of an incompatible, damaged, altered, or unauthorized charger, battery, component, or accessory;
water intrusion, impact damage, heat exposure, improper storage, or misuse;
unauthorized modification of the Product; and
risks that are not presently known or reasonably foreseeable.

Customer understands that no warning, instruction manual, safety device, inspection procedure, protective equipment, or training can eliminate every risk associated with operating a motorized vehicle.

Customer voluntarily assumes all risks associated with the ownership, transportation, storage, charging, maintenance, and operation of the Product, whether known or unknown, obvious or hidden, foreseeable or unforeseeable, except to the extent that applicable law does not permit a particular risk or liability to be assumed or waived.

2. Off-Road Use and Compliance With Laws

Customer acknowledges that certain Viscena Products may be designed or intended primarily for off-road, recreational, competition, closed-course, or private-property use.

Unless Viscena expressly states in writing that a particular Product is certified or approved for a particular type of public-road use, Viscena makes no representation or guarantee that the Product:

is street legal;
may lawfully be operated on public roads or highways;
qualifies as an electric bicycle in any particular jurisdiction;
may be registered or titled with a state motor-vehicle agency;
may be operated without a driver's license, motorcycle endorsement, insurance, registration, or other legal requirement; or
complies with all vehicle classifications, equipment requirements, age restrictions, trail restrictions, or other laws applicable in the Customer's jurisdiction.

Laws governing electric dirt bikes, electric motorcycles, e-motos, electric bicycles, off-highway vehicles, and similar vehicles vary by jurisdiction and may change.

Customer is solely responsible for determining where, when, and by whom the Product may legally be operated and for complying with all applicable federal, state, county, municipal, park, trail, and other laws, regulations, ordinances, and rules.

A Customer's inability to register, title, insure, or legally operate a Product in a desired location does not constitute a Product defect.

3. Rider Qualification and Responsibility

Customer agrees that the Product will be operated only by persons who:

are physically and mentally capable of safely controlling the Product;
possess sufficient experience and judgment for the Product's power, speed, weight, and intended use;
have reviewed and understood the applicable owner's manual, safety instructions, warnings, and controls;
comply with all applicable age restrictions and legal requirements; and
operate the Product responsibly and within their own abilities.

Customer agrees not to operate, or knowingly permit another person to operate, a Product:

while under the influence of alcohol, cannabis, controlled substances, impairing medication, or any other intoxicating or impairing substance;
while excessively fatigued or otherwise unable to operate safely;
in a reckless or intentionally dangerous manner;
beyond the rider's experience or ability;
with more occupants than the Product is designed to carry; or
in violation of applicable law.

4. Protective Equipment

Customer understands that protective equipment cannot prevent all injuries but may reduce the likelihood or severity of certain injuries.

Customer agrees to use appropriate protective equipment suitable for the Product and riding conditions, including, as appropriate:

a properly fitted and appropriately certified helmet;
eye protection;
gloves;
over-the-ankle protective footwear;
long pants and long sleeves; and
appropriate body, knee, elbow, chest, and back protection.

The absence of a legal helmet requirement in a particular jurisdiction does not mean that operating the Product without a helmet is safe.

5. Pre-Ride Inspection and Maintenance Responsibility

Customer understands and agrees that safe operation requires regular inspection, adjustment, and maintenance.

Before each ride, Customer is responsible for inspecting the Product and confirming that it is in safe operating condition, including checking, as applicable:

brakes and brake controls;
throttle operation and return;
steering;
wheels, axles, and fasteners;
tires and tire pressure;
chain or drive system;
suspension;
frame and structural components;
battery security and condition;
electrical connections;
controls and switches; and
any other items identified in the owner's manual or safety instructions.

Customer agrees not to operate the Product if any component is loose, damaged, incorrectly adjusted, malfunctioning, or otherwise unsafe.

Customer is responsible for obtaining qualified service when necessary and for performing or arranging all required inspection, maintenance, and repairs.

6. Assembly and Final Setup

Customer understands that certain Products may require assembly, installation of components, adjustments, inspection, charging, or other final preparation before operation.

Customer is responsible for ensuring that all assembly and setup procedures are properly completed in accordance with the instructions supplied with the Product.

If Customer is not qualified to safely perform an assembly, adjustment, diagnosis, maintenance procedure, or repair, Customer must have the work performed by a competent and qualified technician.

Customer acknowledges that improper assembly, improper adjustment, skipped inspection procedures, loose fasteners, incorrect installation, or unauthorized repair may cause loss of control, component failure, injury, death, or property damage.

Warranty coverage is governed separately by the applicable Viscena Limited Warranty.

7. Battery and Charging Risks

Customer acknowledges that high-capacity lithium-ion batteries store substantial energy and may present hazards if damaged, improperly used, incorrectly charged, modified, punctured, crushed, short-circuited, submerged, overheated, or exposed to fire.

Customer agrees to:

follow all battery and charging instructions supplied with the Product;
use only a charger approved as compatible with the Product and battery;
inspect the battery, charger, cables, connectors, and charging port for damage;
discontinue use and charging if the battery or charging equipment shows signs of damage, unusual heat, swelling, deformation, smoke, odor, leakage, or other abnormal behavior;
avoid charging a visibly damaged or compromised battery;
charge and store the Product and battery in an appropriate location and away from conditions prohibited by the applicable instructions;
protect the battery from severe impacts, unauthorized disassembly, short circuits, and other misuse; and
comply with applicable laws and instructions governing battery storage, transportation, and disposal.

Customer understands that battery damage may not always be externally visible after a crash, severe impact, water exposure, or other incident.

8. Modification and Aftermarket Components

Customer understands that modifications may materially alter the performance, reliability, handling, braking, speed, acceleration, electrical load, thermal behavior, structural integrity, and safety characteristics of the Product.

Modifications include, without limitation:

controller replacement or reprogramming;
removal or alteration of speed or power restrictions;
battery modifications;
installation of incompatible batteries;
motor changes;
wiring changes;
brake modifications;
wheel or tire changes;
suspension modifications;
frame modifications;
gearing changes; and
installation of incompatible or improperly installed aftermarket parts.

Customer assumes responsibility for risks arising from unauthorized modifications, aftermarket components, or alterations to the Product.

Nothing in this section modifies any rights or exclusions stated in the applicable Viscena Limited Warranty.

9. Assumption of Risk

Customer knowingly and voluntarily assumes the risks associated with the purchase, ownership, possession, assembly, charging, transportation, maintenance, modification, storage, and operation of the Product.

Customer accepts responsibility for injuries, losses, and damages arising from those risks to the fullest extent permitted by applicable law.

Customer understands that this assumption of risk is a material condition of the sale of the Product.

10. Release and Waiver of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER, ON BEHALF OF CUSTOMER AND CUSTOMER'S HEIRS, ESTATE, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, RELEASES, WAIVES, AND DISCHARGES THE RELEASED PARTIES FROM CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATING TO THE OWNERSHIP, POSSESSION, ASSEMBLY, CHARGING, MAINTENANCE, TRANSPORTATION, STORAGE, OR OPERATION OF THE PRODUCT, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, TO THE EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED OR WAIVED.

This release does not apply to liability that cannot lawfully be waived or released under applicable law.

Nothing in this Agreement is intended to release liability for gross negligence, reckless conduct, willful or intentional misconduct, fraud, or other liability that applicable law prohibits from being waived.

11. Covenant Not to Sue

To the fullest extent permitted by law and subject to the limitations stated in this Agreement, Customer agrees not to initiate or maintain a claim or legal action against a Released Party for a claim that Customer has validly released under this Agreement.

This provision does not prevent Customer from asserting a claim or right that cannot legally be waived.

12. Indemnification for Customer Conduct

To the fullest extent permitted by applicable law, Customer agrees to defend, indemnify, and hold harmless the Released Parties from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable legal expenses arising from or related to:

Customer's unlawful, reckless, or improper operation of the Product;
Customer's violation of applicable laws or regulations;
Customer's unauthorized modification of the Product;
Customer's improper assembly, maintenance, repair, charging, transportation, or storage of the Product;
injuries or property damage caused by Customer's operation or misuse of the Product;
Customer's breach of this Agreement; or
Customer's allowing another person to operate the Product in violation of this Agreement or applicable law.

This section applies only to the extent permitted by applicable law.

13. Lending, Transfer, and Use by Other Persons

Customer understands that allowing another person to operate the Product may expose that person and others to serious risks.

Before allowing another person to operate the Product, Customer agrees to take reasonable steps to ensure that the person:

is legally permitted to operate the Product;
is capable of safely operating it;
understands the controls and safety information;
has access to applicable warnings and operating instructions; and
uses appropriate protective equipment.

Customer is responsible for ensuring that any sale or transfer of the Product includes available safety information, warnings, and owner documentation.

14. Minors

Purchases through the Viscena website must be made by a person who has reached the age of majority and has legal capacity to enter into a binding contract.

A parent or legal guardian who purchases a Product for use by a minor is responsible for determining whether such use is legal and appropriate and for ensuring compliance with all Product instructions, age restrictions, supervision requirements, and applicable laws.

Nothing in this Agreement is intended to waive a minor's rights where applicable law prohibits such a waiver.

15. Emergency Medical Treatment

Customer understands that motorized vehicle operation may result in injuries requiring emergency medical treatment.

Customer is responsible for making appropriate riding decisions based on location, available emergency access, communications capability, weather, terrain, skill level, and other circumstances.

Viscena does not represent that emergency services, rescue services, or medical assistance will be available at any particular riding location.

16. No Safety Guarantee

The presence of safety instructions, warnings, protective features, speed modes, braking systems, lighting, or other equipment does not guarantee that accidents, injuries, fires, mechanical failures, or deaths will not occur.

Customer remains responsible for safe operation, inspection, maintenance, storage, and charging of the Product.

17. Relationship to Other Viscena Policies

This Agreement supplements, and does not replace, the following Viscena policies and agreements, as applicable:

Terms and Conditions;
Limited Warranty;
Shipping Policy;
Return and Cancellation Policy;
Privacy Policy; and
applicable owner's manuals, safety instructions, warnings, and product-specific disclosures.

Warranty claims remain governed by the applicable Viscena Limited Warranty.

In the event of a conflict concerning warranty coverage, the Limited Warranty controls with respect to warranty coverage.

18. Dispute Resolution

Any dispute arising from or relating to this Agreement, the purchase or use of a Product, or the relationship between Customer and Viscena or Triple J Imports, Inc. is subject to the dispute-resolution provisions contained in the applicable Viscena Terms and Conditions, including any applicable individual arbitration agreement and class-action waiver, to the extent enforceable under applicable law.

19. Governing Law

Except where applicable law requires otherwise, this Agreement shall be governed by and interpreted under the laws of the State of Georgia, without regard to its conflict-of-laws principles.

The governing-law provision does not deprive a Customer of non-waivable rights provided by applicable law.

20. Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or, where appropriate, severed from the Agreement.

The remaining provisions shall remain in full force and effect to the extent permitted by law.

21. Electronic Acceptance

Customer agrees that electronic acceptance of this Agreement is intended to constitute Customer's signature and agreement to be legally bound.

Customer acknowledges that Customer had the opportunity to review this Agreement before accepting it.

Electronic records and signatures are recognized under Georgia law and are not denied legal effect merely because they are electronic.

22. Acknowledgment

By accepting this Agreement, Customer acknowledges and agrees that:

Customer has carefully read this Agreement;
Customer understands that operating a Viscena Product involves the possibility of serious injury, permanent disability, property damage, and death;
Customer understands the risks described in this Agreement are not exhaustive;
Customer voluntarily assumes the risks associated with the Product;
Customer understands that this Agreement contains a release of certain legal claims, including certain claims based on ordinary negligence where permitted by law;
Customer has had an opportunity to ask questions and seek independent advice before accepting this Agreement; and
Customer voluntarily agrees to be legally bound by this Agreement.