I, the undersigned, have been given the opportunity by an authorized LiveWire Dealer (“Dealer”) to engage in a free demonstration ride (as operator or passenger) on one or more LiveWire® motorcycles (with each such vehicle being referred to in this document as a “Motorcycle”). In consideration of such, I have read this entire document and by signing this document below, I am certifying that the information I have provided above is true and correct, and that I consent and agree to all of the Terms & Conditions set forth on the back side of this document. I acknowledge that references to “I”, “me” and “my” in the Terms & Conditions mean me, the undersigned.
If I will be the operator of the Motorcycle, I possess the skill, knowledge, confidence and experience on motorcycles—including motorcycles of a size and design similar to the size and design of the Motorcycle—to operate the Motorcycle in a safe manner, and I hold a current, valid motorcycle operator’s license from the state in which I reside, entitling me to operate the Motorcycle.
I am not at this time under the influence of alcohol, drugs, other illegal substances, or any medications that impair or may impair my judgment or my ability to operate or ride on the Motorcycle. I agree that I will not operate or ride on the Motorcycle while under the influence of alcohol, drugs, illegal substances or any such medications.
I have examined the Motorcycle and have been given an opportunity to ask questions regarding the operation of or riding on the Motorcycle. I am satisfied that the Motorcycle is in good operating condition, and that I fully understand how to operate and ride on the Motorcycle. I am aware of and understand the risks associated with the weather and road conditions.
I agree to operate or ride on the Motorcycle safely, defensively and within the limits of the law and my abilities. I will not operate or ride on the Motorcycle off-road, and I will follow the demonstration ride route that has been established.
I agree to wear at all times during the demonstration ride(s) a properly-fitted, government-approved motorcycle helmet (in the U.S., a motorcycle helmet that meets D.O.T. standards) and proper riding attire, including (at a minimum) long pants, protective eyewear (including clear eyewear at night), and closed-toed shoes or boots. It is my responsibility to ensure that the helmet and riding attire I wear properly fit me. I understand and acknowledge, however, that (i) wearing a motorcycle helmet or other protective gear is in no way a guarantee of safety, (ii) no helmet can protect the wearer against all possible impacts to the head, and (iii) I may be exposed to forces that exceed the limits of protection provided by a helmet or other protective gear. I also understand that a helmet does not guard against injury to the neck, spine or any part of my body other than my head.
By signing this document, I agree to allow LiveWire EV, LLC, its subsidiaries and affiliates (collectively, “LiveWire”) and LiveWire dealers to contact me at the address, telephone number(s) and e-mail address I have provided and gather additional information about the demonstration ride(s) and/or provide additional information about other goods and services in which I may be interested.
I hereby give consent to LiveWire, its employees and agents, to take and use photographs and video of me as part of the demonstration ride(s). This consent (a) covers all recordings of my image, likeness, voice and/or comments relating to the demonstration ride(s) or LiveWire and stored in any tangible medium of expression (the “Materials”) and (b) permits LiveWire, and others with LiveWire’s consent, to use the Materials and duplicates thereof (and my name in connection with the Materials or the demonstration ride(s)), and to modify the Materials, for the purposes of education, illustration, publication, documentation, promotion, advertising and for any other purpose in any manner and in any media, worldwide, and without further consideration. To the extent I possess such, I assign to LIVEWIRE any and all right, title and interest that I possess in the Materials, including all copyrights therein, if any.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or the demonstration ride(s) or my use of the Motorcycle, shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
To the extent that the scope of this Agreement is unenforceable in any jurisdiction, said scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this Agreement enforceable in such jurisdiction, without invalidating any other portion of this Agreement. This Agreement replaces any and all previous agreements governing my use of the Motorcycle, and remains in effect until terminated by the mutual written agreement of me and LiveWire. This Agreement sets forth the entire agreement between me and LiveWire on the subjects addressed herein, and this Agreement may only be modified or amended in a writing signed by me and an authorized representative of LiveWire. There are no other agreements between me and LiveWire regarding the Motorcycle or the demonstration ride(s) (except for the Waiver & Release of Liability Agreement). I certify that I am not relying on any statements or representations not contained in this Agreement, and that I have been given the opportunity and sufficient time to read and ask questions regarding this Agreement.