Whereas
The Parties
hereby agree to the right of use of the bike and/or the demonstration material
for testing purposes under the following conditions.
§ 1
The bike
and/or demonstration material provided for testing purposes has been confirmed in the booking via BRM with
details of the bike.
§ 2
The bike and/or the demonstration
material will be provided for testing purposes on the booked date and time
below.
§ 3
The Parties
agree that – should the Participant fail to return the bike and/or
demonstration material provided for testing purposes in time at the handover
point – a fee of € 50.00 will be charged for each hour of delay. If the delay
exceeds five (5) hours, a fee of € 500.00 will be charged.
§ 4
The Participant
shall not give the bike and/or demonstration material for testing purposes to a
third party temporarily or at any time.
§ 5
The Participant
undertakes to handle the bike and/or demonstration material for testing
purposes carefully and shall not leave the bike and/or demonstration material
for testing purposes unattended at any time.
If the Participant
seriously damages the bike and/or demonstration material, he shall be liable
for the damages and pay the full retail price. In case of minor damages, the Participant
shall be liable pro rata.
In case of loss
of the bike and/or demonstration material on the part of the Participant, be it
by theft or other circumstances, the Participant shall be held liable to pay
the full retail price.
§ 6
The Participant hereby
confirms that he/she is fully aware of the aforementioned risks and any other
risks in the context of his/her participation in the Pivot Cycles bike testing
program. The Participant is also fully aware of the general risks of bike
usage, including but not limited to risks related to it arising from physical
strain, forces of nature, accidents, travelling by any means of transport,
appropriateness of medical facilities and/or negligence on the part of one of
the Parties or third Parties.
The Participant (i) waives any causes of
action, legal actions, lawsuits, verdicts, damages, claims and receivables that
the Participant has, could have or will have or that minors, heirs, executors,
trustees or proxies have, could have or will have due to any matter, cause or
issue arising from the use of Pivot Cycles equipment or related to it or arising
from the participation in the Pivot Cycles testing or demonstration program and
(ii) indemnifies Pivot Cycles and its owners, staffs, representatives, and successors
from the aforementioned. This does not apply to claims due to gross negligence
or the intentional misconduct on the part of Pivot Cycles and/or to any
injuries the Participant may suffer up to a loss of life, if such damages were
caused by a negligent act or omission of Pivot Cycles or caused by a deliberate
or negligent act or omission of any representative or agent of Pivot Cycles unless caused by any acts or omissions
by the Participant himself/herself as described in the following subparagraph.
The
Participant is informed and agrees that Pivot Cycles has no control over the
operation of bikes on the part of the Participant and that Pivot Cycles shall
not be held responsible and shall not be held liable for injuries, damages to
property, liability or other losses, accidents, delays, inconveniences or
irregularities that may arise from either (i) unlawful, negligent or accidental
acts or omissions on the part of the Participant or (ii) unlawful, negligent or
accidental acts or omissions on the part of another party that is not subject
to immediate control of Pivot Cycles.
§ 7
The Participant
undertakes to wear a bicycle helmet during the test rides in order to reduce
considerable health risks in the event of an accident.
The Participant
furthermore shall not conduct the test rides under the influence of alcohol,
drugs, or medication, and confirms that he/she does not suffer from a condition
that affects the sense of balance, orientation skills, coordination skills or
any other of the Participant’s capacities to safely use the bike and/or
demonstration material.
§ 8
The Participant
hereby confirms that he/she is an experienced cyclist and has already used or
is familiar with the use of bikes and/or demonstration material with quick
release skewers, clipless pedals, dropper posts, suspension set-up, gearing,
brakes and/or other mechanical equipment characteristics similar to the bike
and/or demonstration material for testing purposes.
§ 9
Further, the
Participant hereby confirms that he/she has read, understood, duly signed and
fully agrees to the contents of the Declaration of Consent attached to this LL-Agreement
as an integral part hereof for Processing and Use of Personal Data.
§ 10
If any provisions or portion thereof of this Agreement is held to be
unenforceable or invalid,
the remaining provisions and portions thereof shall nevertheless be given full
force and effect, and the Parties agree to negotiate in good faith, a
substitute valid provision which most nearly effects the Parties' intent in
entering into this LL-Agreement.