In consideration for Kruse and Company Bicycles, LLC (“Kruse”) allowing me (the "Rider") to test ride the Bicycle for a reasonable amount of time and within a reasonable distance from the Kruse retail location, I warrant, acknowledge, understand and do expressly agree to the following terms and conditions:

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• I am 18 years of age or older;

• I will use a helmet at all times while operating the Bicycle, or assume all additional risks thereafter;

• I understand and will comply with all rules and regulations relating to traffic laws and vehicle operation;

• I will not operate the Bicyle through sand, dirt, or water;

• It is my responsibility to determine the safety of the areas where I ride;

• I do not have any medical condition that would reasonably be expected to affect my ability to safely operate the Bicycle; and

• I have not consumed, and will not be under the influence of, an alcoholic beverage, controlled substance or other substance that has a sedating or intoxicating effect now or while riding the Bicycle.

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I acknowledge that a Kruse representative has provided me with information regarding the principal features of the Bicycle that they seek to test ride and instructions for the Bicycle’s safe operation and I have been afforded sufficient opportunity to ask a any additional questions that they believe are necessary to operate the Bicycle in a safe manner and in compliance with the terms of this Agreement.

 

If at any time I feels the Bicycle is not functioning properly, I will stop using it and immediately return it to Kruse or call a Kruse representative for assistance.

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I hereby assume all responsibility for failure to comply with any policies, rules, regulations and laws and I shall immediately report to Kruse and the local Police Department any accident, injury or damage arising during my operation of the Bicycle.

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I agree to pay Kruse for all losses and or damage to the Bicycle, including theft or vandalism, regardless of fault. If the Bicycle is damaged, I agrees to pay the reasonable costs of repair and diminution in value. If the Bicycle is damaged beyond reasonable repair (as determined by Kruse), the Rider shall be responsible for the full amount of the Bicycle (up to the actual retail value, which may exceed $5,000.00), with the value dependent upon the model provided by Kruse.

 

I authorize Kruse to collect from a responsible third-party any applicable loss and or damage plus any actual administrative or legal fees incurred by Kruse in the process of collecting.

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I ACKNOWLEDGE THAT OPERATING THE BICYCLE HAS INHERENT RISKS, DANGERS AND HAZARDS, INCLUDING, BUT NOT LIMITED TO, TRAFFIC CONDITIONS, WEATHER CONDITIONS, ROAD AND SIDEWALK CONDITIONS, NATURAL AND UNNATURAL OBJECTS AND OBSTACLES, IMPACT OR COLLISION, AND NEGLIGENCE OF MYSELF OR OTHERS.

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Furthermore, I acknowledge that test riding the Bicycle is voluntary and carries with it;
(a) certain DANGERS and INHERENT RISKS to both Rider and third parties, including but not limited to collision, slipping, falling, and equipment failure, which could result in temporary or permanent injury or even death,
(b) the risk of damage to, or even total destruction of, the Bicycle, and
(c) the risk of damage to any personal items Rider may have in my possession during the test ride.

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LIKE ANY PHYSICAL ACTIVITY, RIDING A BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A BICYCLE, RIDER ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS AND RIDER ASSUME COMPLETE RESPONSIBILITY FOR ALL RISKS AND ALL OTHER INJURIES, DEATH AND/OR PROPERTY DAMAGE THAT MAY OCCUR AS A RESULT OF THOSE RISKS, EVEN IF SUCH INJURY, DEATH OR PROPERTY DAMAGE OCCURS IN A MANNER THAT IS NOT FORESEEABLE AT THE TIME RIDER ENTER INTO THIS AGREEMENT.

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I release and agree not to sue Kruse, its agents, members, and employees (collectively the “Releasees”) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and I further agree that if, despite this Waiver and Release of Liability, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify and hold harmless each of the Releasees from litigation expenses, loss, liability, damage, or cost which may result as of the result of such claim.

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I have been made aware of, and understand, the provisions of California Civil Code Section 1542 (“Section 1542”), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Rider expressly, knowingly, and intentionally waives any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.