gebruikersovereenkomst

WAIVER & RELEASE OF LIABILITY AGREEMENT

FOR PERSONS DESIRING TO RIDE A LIVEWIRE MOTORCYCLE

I, the undersigned, have been given the opportunity to engage in a free demonstration ride (as operator or passenger) on one or more LiveWire ® motorcycles (with each such vehicle being referred to herein as a “Motorcycle”).

I fully understand and acknowledge that operating or riding on a motorcycle is an activity that has its own unique risks, and that serious injury or even death could result from operating or riding on a Motorcycle through no fault of my own.

I acknowledge that portions of the demonstration ride(s) will occur on public streets, open to traffic, and that because of such, I will be exposed to the risks to which motorcyclists on public streets are exposed. Those risks include, but are not limited to, risks associated with inattentive drivers, drivers who fail to operate safely around motorcyclists, and drivers under the influence of alcohol, drugs or illegal substances. I acknowledge that my demonstration ride(s) may occur with other operators, some of whom may not be experienced with operating or riding the motorcycle they are riding as part of the demonstration ride, and that there are risks associated with such.

With knowledge of the risks associated with operating or riding on a Motorcycle and with each demonstration ride, I am voluntarily participating in the demonstration ride(s). For and in consideration of the opportunity to engage in a free demonstration ride of one or more Motorcycles, and for other valuable consideration, the receipt and adequacy of which are hereby acknowledged, I hereby, on behalf of myself and my heirs, personal representatives, administrators, executors, successors and assigns (collectively, “Heirs and Assigns”), expressly agree to all of the following terms herein. I EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENTS OR PERSONAL INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH, THAT I MIGHT SUFFER AS A RESULT OF MY OPERATING OR RIDING ON A MOTORCYCLE, OR OTHERWISE PARTICIPATING IN THE DEMONSTRATION RIDE(S).

Without limiting the foregoing, I ASSUME ALL RISKS ARISING FROM MY PARTICIPATION IN THE DEMONSTRATION RIDE(S), INCLUDING, BUT NOT LIMITED TO, ALL RISKS ARISING OUT OF OR RELATING TO THE FOLLOWING: (i) the condition or safety of any roadways, premises or property on which any Motorcycle is operated; (ii) the use of, or failure to use, any safety devices or safeguards; (iii) the conditions, qualifications, instructions, rules or procedures under which any Motorcycle is used or any demonstration ride is conducted; (iv) the weather conditions during operation of any Motorcycle; and (v) single and/or multi-vehicle accidents.

Furthermore, I hereby WAIVE AND RELEASE LiveWire UK Ltd., (“LiveWire”), each of its affiliated companies, parents, and subsidiaries (collectively “Affiliates”), and each of LiveWire’s and its Affiliates’ officers, directors, employees, dealers, distributors, subsidiaries and agents (collectively, the “Released Parties”), from ANY AND ALL CLAIMS, DEMANDS, RIGHTS AND CAUSES OF ACTION (collectively, “Claims”) OF ANY KIND WHATSOEVER that I or any of my Heirs and Assigns now have or later may have against any Released Party resulting from, connected with or arising out of my operation of or riding on any Motorcycles, or my participation in any of the demonstration ride(s), except for as may be required under mandatory law.

I acknowledge and understand that by my signing this Agreement I (on my own behalf and on behalf of my Heirs and Assigns) COVENANT AND AGREE NOT TO SUE any or all of the Released Parties for any cause of action released or waived hereby for any injury, death or damage to myself arising out of the demonstration ride(s) or my operation of or riding on any Motorcycle.

I confirm that this Agreement is intended to be as broad and inclusive as is permitted by law. To the extent that the scope of this Agreement is unenforceable in any jurisdiction, said scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this Agreement enforceable in such jurisdiction, without invalidating any other portion of this Agreement. I acknowledge I have the right and opportunity to bargain or negotiate the terms of this Agreement, and I hereby waive that right.

By signing this Agreement, I certify that I have read this Agreement and fully understand it, that I am not relying on any statements or representations of any of the Released Parties, that I have been given the opportunity and sufficient time to read and ask questions regarding this Agreement, and that I understand that by choosing voluntarily to sign below I am agreeing to give up important legal rights. This Agreement sets forth all of the terms between me and LiveWire regarding the topics addressed herein. This Agreement may only be modified or terminated with the written consent of me and LiveWire.

The construction, validity and performance of this agreement shall be governed in all respects by the laws of England and Wales and, unless otherwise required under mandatory law, the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in any proceedings which may arise out of or in connection with this Agreement.