LOAN CONTRACT TEST RIDE, CONSENT & RELEASE OF LIABILITY AGREEMENT

LOAN CONTRACT TEST RIDE YT Industries GmbH

1.      YT Industries allows the test rider the free use of a bicycle for a trial period of max. 90 minutes. 

2.      The bicycle is handed over to the test rider in the condition it is in at the time of the conclusion of this contract. YT Industries shall not be liable to test riders and third parties within the scope of its own responsibility, irrespective of the legal grounds. YT Industries does not assume any liability for defects or damages in connection with this loan contract. This also applies to the liability of vicarious agents. The liability of YT Industries for intentional and/or grossly negligent actions remains unaffected.

3.      The test rider shall use the provided bicycle exclusively for his* own, independent and non-commercial test ride. For this purpose, the bicycle may only be ridden on suitable roads and paths or roads and paths specifically approved by YT Industries. 

4.      The test rider is not entitled to use the bicycle for purposes other than those mentioned above. He is not permitted to make the bicycle available to third parties without the written consent of YT Industries.

5.      The test rider is liable for all damages of the bicycle caused by more than slight negligence, as well as all damages caused by the unauthorised use of the bicycle by a third party. 

6.      The test rider confirms with conclusion of this loan contract that - he uses the bicycle at his own risk,   

·         he is aware of the dangers and risks generally associated with cycling and he consciously accepts them, especially when cycling in a sporty manner,

·         he will (also) for his own safety only ride in a manner that he has the bicycle under full control and can exclude a fall,

·         he is aware that risky riding and riding errors can lead to accidents and he will take the greatest possible care when riding, in particular so that no one is harmed or endangered,

·         he is fit to ride, and in particular has not taken any intoxicants (alcohol, drugs, etc.) or medication that affect or could affect his ability to ride,

·         he acknowledges the authority of YT Industries as lender and its agents in all safety-related matters during test rides and has been made aware of the terms of use before riding on test tracks,

·         he bears responsibility for the bicycles, equipment and protective gear used by him and acknowledges that YT Industries as well as the persons and instructors commissioned by YT Industries are not subject to any protective obligations,

·         he follows the instructions and requirements of YT Industries and the persons commissioned by YT Industries in any case and

·         YT Industries and persons authorised by YT Industries may, at their own discretion, exclude persons from using the bicycles. 

7.      We collect and process your data that you provide to us in the course of registering for the Rolling Circus event and in the YT Mill. 

In detail, we collect your data for the following purposes: -

·         Processing of the bike reservation

·         Communication in connection with the bike reservation

·         Processing of damage claims

·         Survey in connection with the use of the bike

·         Sending our newsletter (with your consent) 

The data collected can be seen in the registration form. 

We use the booking system “bikerentalmanager” (Taste Provence Ltd, Europa House, Goldstone Villas, Hove, England, BN3 3RQ, UK) to process the bike reservation. Within the framework of this cooperation, we have concluded a data processing agreement in accordance with Art. 28 GDPR. 

The legal basis for the processing of your data in connection with the bike reservation is Art. 6 (1) lit. b GDPR. The legal basis for sending marketing information is your consent pursuant to Art. 6 (1) lit. a GDPR. 

We store your data for as long as is necessary to process the rent and the associated services or we have a legitimate interest in continuing to store it or we have your consent. 

During our events, photographs and film footage are occasionally taken, which may be used for publication in social media and press reports. The legal basis for the described data processing is usually our legitimate interests according to Art. 6 (1) lit. f GDPR or, in special cases, consent of the participants according to Art. 6 (1) lit. a GDPR. We have a legitimate interest in taking photos and making films to inform the public about the event.

You can object to the data processing or revoke your consent at any time.

This and other information will be posted in a visible place at each event.  Further information about data protection at YT are available here: YT Industries

By signing the test rider confirms that he is at least 16 years old, has taken note of the above declaration and expressly agrees with its content. If the test rider is under 18 years of age (i.e. has not yet reached the age of 18 on the day of conclusion of the rental contract), the following applies: 

The use of the bicycles by the under eighteen-year-old is only permitted after prior signature of this declaration by the legal guardian: 

As legal guardian I agree that our child may use the test area of YT Industries with the provided bicycles. Furthermore, after careful consideration and in full awareness of their importance, I/we hereby expressly agree to the terms and conditions of this declaration, which I hereby declare by my signature: 

* Only for reasons of readability, the masculine form is used.  

CONSENT & RELEASE OF LIABILITY AGREEMENT

Release, waiver and indemnity

1.      I acknowledge that my participation in the Event or any activity organized by or on behalf of YT at any location (including any of YT´s premises) (“Activities”) involves certain risks. I accept and fully assume all such risks and the possibility of personal injury, death or loss of or damage to my property as a result of my participation in the Activities and the Event.

2.      In consideration of YT and its representatives, directors, officers, employees, agents, any member of YT Industries GmbH, having its offices at Pilatus Campus 9, 91353 Hausen, Germany and any other party acting on behalf of YT (Organizers) allowing me to participate in the Activities and the Event, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree as follows:

(a)          to waive any and all claims, including those related to negligence, that I may have against the Organizers arising from participating in the Activities and the Event;

(b)         to the maximum extent permitted by law, the Organizers shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons and property which may be sustained in connection with my participation in the Activities and the Event; and

(c)          to defend, hold harmless and indemnify the Organizers from any and all claims and liability for any personal injury to me, any third party or for any property damage caused by me which results from my participation in the Activities and the Event.

Rules of Participation

I acknowledge and accept that my participation in the Activities and the Event is subject to my compliance with the following: 

(a)    to listen and adhere to safety briefings and instructions before taking part in the Activities; 

(b)   to act reasonably and sensibly at all times;

(c)    to not consume alcohol prior to or during the Activities; 

(d)   to wear all protective clothing and equipment provided by or on behalf of the Organizers during the Activities;

(e)    to keep all equipment provided by or on behalf of the Organizers onsite and return the same after completing the Activities.

(f)     Participant confirms that he/she is sufficiently skilled, in good health and in proper physical condition to participate in the Event and that he/she will only join activities with a difficulty level suitable for him/her.

Medical 

1.      Participation in the Activities is not recommended for those who are: infirm; suffering from a heart condition; pregnant (or who may be pregnant); or suffering from pre-existing injuries. 

2.      I declare to the best of my knowledge that I know of no reason why I should not participate in the Activities and that I am not presently suffering from (and have not suffered from) any disease or medical condition which may prevent me from participating in the Activities or which may be aggravated by my participation in the Activities. I acknowledge and agree that my participation in the Activities is granted on the understanding that I understand and accept the risks involved. I confirm that I am sufficiently skilled, in good health and in proper physical condition to participate in the Activities and the Event and I will only join activities with a difficulty level suitable for myself.

3.      I agree that I shall immediately inform medical or professional personnel and the Organizers of any pain, discomfort, fatigue or any other symptoms that I may suffer before, during and after my participation in the Activities. I accept that I may be required to immediately cease or delay my participation in the Activities if so requested. I also consent to treatment in the event of an emergency and further agree to pay all costs associated with such medical care and to defend, indemnify and hold harmless the Organizers from any costs or claims arising from such medical care. 

Publicity

I hereby consent to the photography, filming and/or recording by or on behalf of the Organizers of my participation in the Activities and the Event (individually or collectively known as the Images). I hereby assign to the Organizers, all present and future copyright and all other rights, title and interest which I may hold in the Images. I agree to the use of the Images by the Organizers in any media format in its future promotional activities and I agree to not make any claim for remuneration against the Organizers, its licensees or assignees in respect of the use of the Images. I hereby waive any moral rights that I may have now or in the future so far as is legally possible, any broadly equivalent rights I may have in any territory of the world.

General

This agreement shall be binding upon me, my successors, representatives, heirs, executors, assignees, or transferees. If any of the terms and conditions of this agreement are found by a competent court or other competent body to be void or unenforceable, that term or condition shall be deemed to be deleted and the remaining terms and conditions shall remain in full force and effect. This agreement shall be governed by and interpreted in accordance with the laws of the Germany and shall be subject to the exclusive jurisdiction of the courts of Nuremberg. I confirm that I have read and understood this agreement prior to signing it and participating in the Event and Activities, and I am aware that by signing this agreement I am waiving certain legal rights which I may otherwise have against the Organizers.  In case of conflict, the English language version shall prevail over the German translation of this Agreement.