Demo/Rental Agreement

I ACKNOWLEDGE THAT BY AGREEING TO THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT TO SUE, AND TO RELEASE FROM LIABILITY FRESH BIKE SERVICE INCORPORATED AND EACH OF ITS RESPECTIVE AGENTS, EMPLOYEES, AND AFFILIATES (COLLECTIVELY "FRESH BIKE SERVICE"), AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING. In consideration of the use of a Demo/Rental Bike provided to me by Fresh Bike Service (“Demo Bike”), I hereby freely agree to and make the following contractual representations and agreements for myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "Customer").

ASSUMPTION OF RISKS

I acknowledge that riding (including, but not limited to, bicycles, ebikes, eMTBs, eMotos and electric motorcycles/dirtbikes) is an inherently dangerous sport and fully realize the dangers of participating, whether as a rider or otherwise, and FULLY ASSUME THE RISKS AND RESPONSIBILITIES ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation: the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, including pot holes, rough terrain, equipment failure, inadequate safety equipment, the negligence of the Fresh Bike Service, the negligence of others and weather conditions; and the possibility of serious physical and/or mental trauma or injury, or death associated with the activity. If using an ebike, eMTB, eMoto or electric motorcycle/dirtbike, I acknowledge they present unique hazards including, but not limited to, higher speeds, increased weight, battery or electrical malfunction, and different handling characteristics, all of which increase the risk of injury or death. I am an experienced rider. If applicable, I am familiar with bicycles having quick release skewers and toe-clip or clipless pedals. In addition and if applicable, I am familiar with the operation of ebikes or eMTBs that are equipped with an electric motor that assists the rider’s pedaling effort. Finally, if applicable, I am familiar with the operation of eMotos and electric motorcycles/dirtbikes. I have inspected the Demo Bike being provided to me and I am fully familiar with its operation and tested its components to ensure they are in good working order. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the equipment. I am not and will not be under the influence of any alcoholic beverage, drug, or medication during my participation in this demo ride and do not have any ailment or condition which affects or impairs my balance, vision, coordination, or other ability to properly and safely operate the Demo Bike. I will not use this Demo Bike unless I fully understand its use and function.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE FRESH BIKE SERVICE FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM FRESH BIKE SERVICE’S OWN NEGLIGENCE, which I have, or which may hereafter accrue to me, and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my use of a Demo Bike. I agree it is my sole responsibility to continually ride so as to neither endanger myself nor others. This waiver and release includes any injuries or damages resulting from my use of the Demo Bike, whether arising from mechanical failure, terrain-related issues, or other operational factors. I ACCEPT RESPONSIBILITY FOR THE CONDITION AND ADEQUACY OF THE DEMO BIKE AND MY CONDUCT AND AGREE TO IMMEDIATELY CEASE RIDING THE DEMO BIKE IF ANY PROBLEM SHOULD ARISE WITH ITS OPERATION AND CALL THE NUMBER LISTED ABOVE OR OTHERWISE NOTIFY FRESH BIKE SERVICE IMMEDIATELY.

USE AGREEMENT

I agree to wear all proper equipment, including a helmet which satisfies the requirements of the United States Consumer Product Safety Commission and that can protect against serious head injury, and assume all responsibility and liability for the selection of such a helmet. I have no physical or medical condition which would endanger myself or others, or would interfere with my ability to use the provided Demo Bike. I acknowledge and understand that ebikes, eMTBs, eMotos, and electric motorcycles/dirtbikes require responsible operation, including management of battery power, terrain awareness, and braking distances. I accept full responsibility for ensuring safe operation of such equipment, and I agree not to tamper with or alter any electrical or mechanical settings. I agree to accept AS IS all equipment provided to me during this demo ride, and I agree to accept full responsibility for the care of the equipment while it is in my possession. I have inspected carefully the Demo Bike and will note any issues on the Check Out and Check In Demo Inspection Reports attached hereto and made a part hereof. I FURTHER AGREE TO BE RESPONSIBLE FOR THE REPLACEMENT, AT FULL RETAIL VALUE, OF ANY EQUIPMENT I RECEIVE, BUT DO NOT RETURN UPON REQUEST, EVEN IF IT IS LOST OR STOLEN. IN ADDITION, I AGREE TO BE RESPONSIBLE FOR THE REPLACEMENT, AT FULL RETAIL VALUE, OF ANY EQUIPMENT DAMAGED WHILE THE DEMO BIKE IS IN MY POSSESSION. I UNDERSTAND THAT FRESH BIKE SERVICE IS THE SOLE JUDGE OF WHAT CONSTITUTES "DAMAGE" IN THIS REGARD. I agree, for myself and my heirs, legal representatives, and permitted assigns, that the above representations are contractually binding, and are not mere recitals, and that should I or my heirs, legal representatives, and permitted assigns assert a claim contrary to what I have agreed to in this contract, the claiming party shall be liable for the expenses (including legal fees) incurred by the Fresh Bike Service in defending the claims. I am not relying on any oral or written representations or statements made by Fresh Bike Service with respect to the safety of participating in riding or my use of the equipment. This contract may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification. I consent to the release by any third party to Fresh Bike Service and their insurance carriers of my name and medical information that may relate solely to any injury or death I may suffer arising from the event. Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Any dispute arising from this Agreement shall be resolved in the courts of Fulton County, Georgia or through binding arbitration administered under the rules of the American Arbitration Association.