In relation to the services provided by Whoosh México, its employees, directors, partners, affiliates, subsidiaries, suppliers, contractors, and, in general, all those natural or legal persons acting in any capacity on its behalf or representation (all of them, jointly, hereinafter, "Whoosh México"), I, being of legal age, in full use of my mental faculties, freely, voluntarily, expressly, and informedly declare that I release and discharge Whoosh México from any type of liability, regarding my person and the third parties linked to my User account registered in the Mobile Application, in accordance with the following declarations:
FIRST.
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I acknowledge and declare that I have full prior knowledge that the use of Individual Mobility Device (IMD) implies the assumption of inherent risks, which have been explained clearly, sufficiently, timely, and unmistakably, and which may result in, among others:
- Physical, psychological, or emotional damage;
- Injuries of varying severity, partial or total paralysis, or even death;
- Damages to myself, to third parties, or to my own or others' property.
I expressly acknowledge that said risks cannot be eliminated, neither totally nor partially, without affecting the very nature of the activity, and that I consciously accept said risks as an integral part of the use of the IMD.
SECOND.
SPECIFIC RISKS (ENUNCIATIVE, NOT LIMITING)
I accept and acknowledge that the use of the IMD may expose me to, among others, the following risks:
- Contusions, fractures, cuts, scrapes, frictions, burns, bruises, and other injuries;
- Blows to the cranioencephalic region or fatal consequences;
- Falls from the PMV that may cause sprains or fractures in wrists, ankles, legs, or other body parts;
- Collisions with pedestrians, motor vehicles, bicycles, or other means of transportation;
- Increased risk due to the improper use of the IMD, including its use by more than one User in contravention of the Adhesion Contract;
- Injuries caused by non-compliance with the Terms and Conditions of use, which I acknowledge to know and accept.
In any of these scenarios, I acknowledge that the medical, hospital, rehabilitation, or any other nature of expenses will be borne exclusively by me, expressly releasing Whoosh México from all liability.
THIRD.
HEALTH CONDITION AND RESPONSIBLE USE
I acknowledge that Whoosh México has no way of knowing or verifying my health status, medical condition, experience, physical or technical skills for the use of the IMD, therefore I assume full responsibility arising from its use.
Likewise, I acknowledge that the instructions, warnings, or messages issued through the Mobile Application may not be fully captured by the User, without any intention on the part of Whoosh México, a situation that I expressly accept, releasing them from any liability arising therefrom.
FOURTH.
VOLUNTARY ACCEPTANCE
I declare that the use of the IMD is voluntary, that I have decided to use it with full knowledge of the risks it entails, and that I personally assume each and every one of said risks, without exception.
FIFTH.
DISCLAIMER AND RELEASE OF LIABILITY
I voluntarily and expressly release and discharge Whoosh México from all liability regarding any claim, complaint, denunciation, lawsuit, or action of any nature, whether individual, collective, or group, in criminal, civil, administrative, or any other venue, arising directly or indirectly from the use of the IMD.
SIXTH.
INSURANCE
I state that I know the content and scope of the insurance policies to which I have access according to the Adhesion Contract; nevertheless, I assume the risk of any physical, medical, or patrimonial affectation that I might suffer.
SEVENTH.
LIABILITY TO THIRD PARTIES
I assume full responsibility for all damages and losses that I, or the persons under my charge for whom I sign as responsible, may cause to third parties, obligating myself to respond personally, and keeping Whoosh México at peace and safe at all times against any claim.
EIGHTH.
RATIFICATION
I ratify that:
- I have fully read this document;
- I understand its content, scope, and legal consequences;
- I have been correctly and timely informed of the risks associated with the use of the IMD.