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.