user agreement
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; (v) the design, manufacture or maintenance of any Motorcycle; and (vi) single and/or multi-vehicle accidents.
Furthermore, I hereby RELEASE AND FOREVER DISCHARGE LiveWire EV, LLC (“LiveWire”), each of its affiliated companies 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 NEGLIGENCE AND BREACH OF WARRANTY 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), regardless of whether such Claims relate to the repair, operation or maintenance of any Motorcycle, or the conditions, rules, qualifications, instructions or procedures under which any Motorcycle is used, or any other cause or matter.
I acknowledge and understand that as to the Claims released above, this Agreement EXTENDS TO, AND RELEASES, DISCHARGES AND WAIVES LIABILITY FOR, ANY AND ALL SUCH CLAIMS that I or any of my Heirs and Assigns have or later may have against the Released Parties arising out of the demonstration ride(s) or my operation of or riding on any Motorcycle, including without limitation all such Claims resulting from the NEGLIGENCE of any Released Party, or resulting from any BREACH OF ANY EXPRESS OR IMPLIED WARRANTY by any Released Party, and regardless of whether such Claims now exist or hereafter arise, or are known or unknown, contingent or absolute, liquidated or unliquidated, or foreseen or unforeseen, or arise by operation of law or otherwise. This Agreement does not, however, release: (i) any claims for harm caused by a Released Party intentionally or recklessly; (ii) claims for worker’s compensation benefits (if any) that I or my Heirs and Assigns may have; or (iii) claims that I or my Heirs and Assigns may have (if any) under or against any benefit plans sponsored by my employer, including claims under disability or life insurance plans, resulting from my operation of or riding on any Motorcycle. I acknowledge that worker’s compensation laws may or may not apply to my use of a Motorcycle, depending upon the circumstances.
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.
THIS IS A WAIVER & RELEASE OF LIABILITY AGREEMENT - PLEASE READ CAREFULLY BEFORE SIGNING
Dealer Demo Program, Motorcycle Demonstration Ride
Registration Acknowledgements & Agreement
I, the undersigned, have been given the opportunity by an authorized LiveWire Dealer (“Dealer”) to engage in a free demonstration ride (as operator or passenger) on one or more LiveWire® motorcycles (with each such vehicle being referred to in this document as a “Motorcycle”). In consideration of such, I have read this entire document and by signing this document below, I am certifying that the information I have provided above is true and correct, and that I consent and agree to all of the Terms & Conditions set forth on the back side of this document. I acknowledge that references to “I”, “me” and “my” in the Terms & Conditions mean me, the undersigned.
Terms & Conditions
COMPETENCE. If I will be the operator of the Motorcycle, I possess the skill, knowledge, confidence and experience on motorcycles—including motorcycles of a size and design similar to the size and design of the Motorcycle—to operate the Motorcycle in a safe manner, and I hold a current, valid motorcycle operator’s license from the state in which I reside, entitling me to operate the Motorcycle.
SOBRIETY. I am not at this time under the influence of alcohol, drugs, other illegal substances, or any medications that impair or may impair my judgment or my ability to operate or ride on the Motorcycle. I agree that I will not operate or ride on the Motorcycle while under the influence of alcohol, drugs, illegal substances or any such medications.
INSPECTION & UNDERSTANDING. I have examined the Motorcycle and have been given an opportunity to ask questions regarding the operation of or riding on the Motorcycle. I am satisfied that the Motorcycle is in good operating condition, and that I fully understand how to operate and ride on the Motorcycle. I am aware of and understand the risks associated with the weather and road conditions.
SAFE RIDING. I agree to operate or ride on the Motorcycle safely, defensively and within the limits of the law and my abilities. I will not operate or ride on the Motorcycle off-road, and I will follow the demonstration ride route that has been established.
RIDING ATTIRE. I agree to wear at all times during the demonstration ride(s) a properly-fitted, government-approved motorcycle helmet (in the U.S., a motorcycle helmet that meets D.O.T. standards) and proper riding attire, including (at a minimum) long pants, protective eyewear (including clear eyewear at night), and closed-toed shoes or boots. It is my responsibility to ensure that the helmet and riding attire I wear properly fit me. I understand and acknowledge, however, that (i) wearing a motorcycle helmet or other protective gear is in no way a guarantee of safety, (ii) no helmet can protect the wearer against all possible impacts to the head, and (iii) I may be exposed to forces that exceed the limits of protection provided by a helmet or other protective gear. I also understand that a helmet does not guard against injury to the neck, spine or any part of my body other than my head.
CONSENT TO CONTACT. By signing this document, I agree to allow LiveWire EV, LLC, its subsidiaries and affiliates (collectively, “LiveWire”) and LiveWire dealers to contact me at the address, telephone number(s) and e-mail address I have provided and gather additional information about the demonstration ride(s) and/or provide additional information about other goods and services in which I may be interested.
MEDIA CONSENT. I hereby give consent to LiveWire, its employees and agents, to take and use photographs and video of me as part of the demonstration ride(s). This consent (a) covers all recordings of my image, likeness, voice and/or comments relating to the demonstration ride(s) or LiveWire and stored in any tangible medium of expression (the “Materials”) and (b) permits LiveWire, and others with LiveWire’s consent, to use the Materials and duplicates thereof (and my name in connection with the Materials or the demonstration ride(s)), and to modify the Materials, for the purposes of education, illustration, publication, documentation, promotion, advertising and for any other purpose in any manner and in any media, worldwide, and without further consideration. To the extent I possess such, I assign to LIVEWIRE any and all right, title and interest that I possess in the Materials, including all copyrights therein, if any.
ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or the demonstration ride(s) or my use of the Motorcycle, shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
GENERAL. 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. This Agreement replaces any and all previous agreements governing my use of the Motorcycle, and remains in effect until terminated by the mutual written agreement of me and LiveWire. This Agreement sets forth the entire agreement between me and LiveWire on the subjects addressed herein, and this Agreement may only be modified or amended in a writing signed by me and an authorized representative of LiveWire. There are no other agreements between me and LiveWire regarding the Motorcycle or the demonstration ride(s) (except for the Waiver & Release of Liability Agreement). I certify that I am not relying on any statements or representations not contained in this Agreement, and that I have been given the opportunity and sufficient time to read and ask questions regarding this Agreement.
Malibu, CA, 90265-4933
