Demo Ride Waiver & Damage Responsibility Agreement

KICKIN BIKES LLC

Demo Ride Liability Waiver, Release, Assumption of Risk, and Damage Responsibility Agreement

This Demo Ride Liability Waiver, Release, Assumption of Risk, and Damage Responsibility Agreement is entered into by the undersigned participant, and if applicable the participant's parent or legal guardian, in favor of Kickin Bikes LLC, including its owners, members, managers, employees, contractors, representatives, agents, affiliates, dealers, vendors, manufacturers, property owners, event hosts, and insurers, collectively referred to in this Agreement as "Kickin Bikes."

By signing this Agreement, I understand that I am giving up certain legal rights, including the right to sue Kickin Bikes for injuries, damages, losses, or death that may occur during or related to a demo ride.

I am choosing to participate in a demo ride, test ride, product demonstration, or related activity involving an electric motorcycle, electric dirt bike, pit bike, youth bike, or other powersports vehicle provided, sold, distributed, demonstrated, or made available by Kickin Bikes.

This Agreement applies to the entire demo experience, including but not limited to mounting, riding, operating, loading, unloading, transporting, inspecting, walking around, charging, moving, or otherwise interacting with any demo bike, vehicle, equipment, gear, battery, charger, accessory, or property.

I understand and agree that riding or operating an electric dirt bike, motorcycle, pit bike, youth bike, or similar powersports vehicle is inherently dangerous and involves serious risks. These risks include, but are not limited to:

• Falling, crashing, tipping over, losing control, or colliding with objects, vehicles, people, animals, terrain, or obstacles;
• Serious bodily injury, broken bones, head injury, brain injury, spinal injury, paralysis, burns, cuts, bruises, internal injury, permanent disability, or death;
• Injury caused by speed, acceleration, braking, throttle response, power delivery, terrain, weather, visibility, traction, surface conditions, jumps, hills, rocks, gravel, pavement, dirt, mud, water, traffic, pedestrians, other riders, or unexpected obstacles;
• Injury caused by mechanical failure, electrical failure, battery failure, brake failure, tire failure, suspension failure, component failure, manufacturing defect, maintenance issue, or improper operation;
• Injury caused by my own actions, inexperience, lack of skill, failure to follow instructions, failure to wear protective gear, overconfidence, distraction, or poor judgment;
• Injury caused by the actions or negligence of other riders, customers, spectators, staff, property owners, drivers, or third parties.

I understand these risks may be known or unknown, obvious or hidden, expected or unexpected. I voluntarily choose to participate anyway.

I certify that:

1. I am physically and mentally able to participate in the demo ride.
2. I am not under the influence of alcohol, marijuana, illegal drugs, impairing medication, or any substance that could affect my ability to ride safely.
3. I do not have any medical condition, injury, impairment, or limitation that would make riding unsafe.
4. I have sufficient experience, judgment, coordination, and ability to operate the demo bike safely.
5. I will immediately stop riding if I feel unsafe, uncomfortable, impaired, injured, or unable to continue.
6. I will follow all instructions given by Kickin Bikes staff or representatives.
7. I will ride only in approved areas and will not leave the designated demo area without permission.
8. I will not allow any other person to ride, sit on, or operate the demo bike unless Kickin Bikes gives express permission.
9. I will not carry passengers unless Kickin Bikes gives express permission.
10. I will not jump, stunt, race, wheelie, abuse, intentionally damage, or misuse the demo bike.
11. I will not operate the demo bike on public roads unless Kickin Bikes gives express permission and the bike is legally permitted for such use.

I understand that protective gear reduces risk but does not eliminate risk. I agree to wear all protective equipment required by Kickin Bikes, which may include a helmet, eye protection, gloves, boots, long pants, long sleeves, chest protection, knee protection, elbow protection, or other safety gear.

If I choose not to wear recommended protective gear, or if I remove protective gear during the demo ride, I accept all additional risk associated with that decision.

To the fullest extent allowed by law, I release, waive, discharge, and agree not to sue Kickin Bikes for any claim, demand, injury, loss, damage, cost, expense, or cause of action arising out of or related to my participation in the demo ride or use of any demo bike, vehicle, equipment, gear, battery, charger, accessory, or property.

This release includes, but is not limited to, claims for personal injury, property damage, wrongful death, negligence, premises liability, product-related claims, failure to warn, failure to instruct, failure to supervise, equipment condition, demo setup, staff instructions, or the condition of the demo area.

I understand that this release is intended to be as broad and inclusive as permitted by law. If any portion of this Agreement is found unenforceable, the remaining portions shall remain in full force and effect.

I agree to defend, indemnify, and hold harmless Kickin Bikes from and against any claim, demand, lawsuit, damage, loss, cost, attorney fee, medical expense, property damage, or liability arising out of or related to:

1. My participation in the demo ride;
2. My operation or use of the demo bike;
3. My failure to follow instructions or demo rules;
4. My negligent, reckless, intentional, or improper conduct;
5. Injury or damage caused by me to any person, property, vehicle, bike, equipment, or facility;
6. Any claim brought by or on behalf of me, my family members, heirs, estate, representatives, or assigns.

I authorize Kickin Bikes to keep a payment method, deposit, or card authorization on file before the demo ride. I authorize Kickin Bikes to charge my payment method for damage, loss, theft, repair, replacement, recovery, towing, cleaning, parts, labor, diagnostic costs, or other amounts I owe under this Agreement.

If my payment method is declined, I agree to pay the balance immediately upon request. I also agree to pay any reasonable collection costs, attorney fees, court costs, chargeback fees, or other costs incurred by Kickin Bikes in collecting amounts owed under this Agreement.

I understand that Kickin Bikes does not provide medical insurance, health insurance, disability insurance, property insurance, or personal liability insurance for me.

I certify that I have adequate personal health insurance or other financial ability to cover any injuries, medical expenses, property damage, or other losses that may occur during or related to the demo ride.

I understand that I am responsible for my own medical expenses, whether or not the injury was caused by me, another person, the demo bike, the demo area, or any other cause.

I agree to follow these demo rules:

1. I will listen to and follow all instructions from Kickin Bikes.
2. I will ride only where Kickin Bikes allows me to ride.
3. I will not ride beyond my skill level.
4. I will not ride aggressively, recklessly, or in a way that endangers myself or others.
5. I will not perform jumps, wheelies, burnouts, stunts, races, or tricks unless specifically approved by Kickin Bikes.
6. I will not allow another person to operate the demo bike.
7. I will not ride with a passenger unless specifically approved by Kickin Bikes.
8. I will not tamper with the bike, battery, controller, display, charger, settings, limiters, or components.
9. I will immediately stop riding if instructed to do so.
10. I will immediately report any crash, tip-over, damage, injury, malfunction, strange noise, warning light, or unsafe condition.

Kickin Bikes may end my demo ride at any time for any reason.

I agree that I have had the opportunity to inspect the demo bike before riding it. By beginning the demo ride, I acknowledge that the bike appears acceptable for use and that I voluntarily choose to ride it.

I agree to immediately notify Kickin Bikes before riding if I notice anything damaged, loose, unsafe, unusual, or concerning.

I understand that Kickin Bikes may take photos or videos during demo rides or events. I give Kickin Bikes permission to use my name, image, likeness, voice, photo, video, or statements for marketing, advertising, social media, website, training, internal, or promotional purposes without compensation to me.

If the participant is under 18 years old, a parent or legal guardian must sign this Agreement.

As the parent or legal guardian, I certify that I have legal authority to sign this Agreement on behalf of the minor participant. I understand the risks of the activity and give permission for the minor participant to participate.

I agree to be financially responsible for any damage, loss, injury, claim, cost, or expense caused by or related to the minor participant's use of the demo bike, to the fullest extent allowed by law.

If the participant is under 18, these parent / guardian fields are required.

In the event of an accident, injury, medical emergency, or other urgent situation, I authorize Kickin Bikes and its representatives to contact emergency services and/or obtain emergency medical assistance for me or the minor participant.

I understand that Kickin Bikes is not required to provide medical care and is not responsible for the quality, availability, cost, or outcome of emergency services or medical treatment.

I agree that I am responsible for all medical expenses, ambulance charges, hospital charges, emergency response costs, and related expenses.

I understand that demo bikes and equipment are provided "as is" for demonstration purposes. Kickin Bikes makes no guarantee that the demo bike will be free from risk, malfunction, defect, failure, or danger.

I understand that electric dirt bikes and motorcycles may have immediate torque, strong acceleration, different braking characteristics, different throttle response, and different handling than gas motorcycles or bicycles.

This Agreement shall be governed by the laws of the State of Utah. Any dispute, claim, or lawsuit arising out of or related to this Agreement, the demo ride, or my use of the demo bike shall be brought in the state or federal courts located in Utah County, Utah, unless another venue is required by law.

If any part of this Agreement is found invalid, illegal, or unenforceable, the remaining parts shall remain valid and enforceable to the fullest extent allowed by law.

I have carefully read this Agreement. I understand that riding or operating a demo bike is dangerous and may result in serious injury, permanent disability, property damage, or death.

I understand that I am giving up important legal rights by signing this Agreement. I sign it freely and voluntarily.

Required Acknowledgments