Reservation Fee Agreement

This Reservation Fee Agreement (these terms or agreement) governs reservation fee payment (reservation fee) with LiveWire Labs, LLC, a California limited liability company, (LiveWire or “we” or “us”) for a LiveWire™ motorcycle (LIVEWIRE MOTORCYCLE). Read all terms carefully before paying your reservation fee. By paying your reservation fee, you agree to be legally bound by these terms.

1. Reservation Only

Each fee you pay acts as a reservation for a LIVEWIRE MOTORCYCLE purchase (reservation). You are under no obligation to purchase a LIVEWIRE MOTORCYCLE from us, and we or any other company within the LiveWire group are under no obligation to sell you a LIVEWIRE MOTORCYCLE.

These terms are not an agreement to sell a LIVEWIRE MOTORCYCLE and do not lock in pricing, delivery date, or specific bike configurations. To complete a LIVEWIRE MOTORCYCLE purchase you must have order and purchase agreements with related documentation (final sales agreements), including additional terms and conditions, residency requirements and the final price sheet for the motorcycle you ultimately select (your LIVEWIRE MOTORCYCLE). Additional payments for your LIVEWIRE MOTORCYCLE, including taxes and other government fees that may apply, are required when finalising the sales agreements.

We may decline reservations at our sole discretion. If your reservation is declined, you will be notified and your fee refunded.

2. Reservation Eligibility: Age

You must be at least 18 years of age to make a LIVEWIRE MOTORCYCLE reservation. By agreeing to these terms you affirm that you are at least 18 years of age.

3. Registration

When making a LIVEWIRE MOTORCYCLE reservation you affirm that all information provided is accurate. It is your responsibility to keep this information up to date at all times by emailing us at CustomerSupport@LiveWire.com or via online live chat on the livewire.com website. LiveWire is not liable for inaccurate or outdated information.

4. Payment

Your fee is charged when you make a reservation. Making a reservation is your express agreement to be charged the fee using the payment method provided. Your reservation fee will be held by LiveWire and the MOTORCYCLE final sales price reduced by the same amount as the fee unless it was previously refunded.

5. No delivery date guarantee

You are making a reservation for a LIVEWIRE MOTORCYCLE. If you subsequently purchase a LIVEWIRE MOTORCYCLE, there will be no delivery date guarantee based on your reservation.

6. Cancellation/refund

Prior to executing the final sales agreements, you may cancel your reservation and receive a full refund of your fee at any time and for any reason, by contacting us via online live chat on the livewire.com website or by emailing us at CustomerSupport@LiveWire.com from the email address linked to your LiveWire account. You will receive your full refund within approximately 5-10 business days. LiveWire may cancel your reservation at any time and will issue a full refund of your fee to your account on file. LiveWire is responsible for any currency conversions and exchange fees associated with refunding the reservation.

7. Privacy Policy and User Terms

The data LiveWire and/or its affiliates collects from you or regarding your LIVEWIRE MOTORCYCLE will be used in accordance with our Privacy Policy and Terms of Use, which are included here and available on our website at https://www.livewire.com/en-ch/documents/privacy-policy/ and https://www.livewire.com/en-ch/documents/terms-of-use/. Please read our Privacy Policy and Terms of Use carefully to understand the data we collect, our practices regarding your information and how it is processed. If you have questions regarding our Privacy Policy or Terms of Use, you should contact us by email at CustomerSupport@LiveWire.com.

8. Severability

If any provision, or portion of this agreement, is found to be unenforceable, the remainder shall continue in full force and effect, while the unenforceable provision shall be modified solely to the extent necessary to make it enforceable.

9. Modification

This agreement may not be modified, altered or amended unless expressly agreed to in writing and signed by you and LiveWire.

10. No Waivers

LiveWire's failure to enforce any right or provision from these terms will not waive any future enforcement. Waiving any right or provision may only be effective in writing and signed by a duly authorised LiveWire representative.

11. Assignment

Under these terms you may not assign your rights without our express prior consent. LiveWire may assign these terms or your reservation fee at our discretion without your consent. Any assignment in violation of this agreement will be null and void.

12. Limitation of Liability

No consequential or indirect damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL LIVEWIRE OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL LIVEWIRE OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER ARISING FROM OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING THE TOTAL AMOUNTS YOU PAID TO LIVEWIRE PURSUANT TO THIS AGREEMENT.

13. Dispute Resolution—Arbitration

Binding Arbitration

You and LiveWire agree that any dispute, claim or controversy arising out of or relating in any way to this agreement shall be determined by binding arbitration instead of in courts with general jurisdiction. Arbitration is more informal than bringing a lawsuit to court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court. However, we agree to cooperate with each other for reasonable discovery in light of the issues involved and the claim amount. Arbitrators may award the same damages and relief as a court, but in so doing must apply substantive law regarding damages as if the matter had been brought forward in court, including without limitation, punitive damages law as applied by the United States Supreme Court. By agreeing to these Terms of Use, you agree that the US Federal Arbitration Act governs interpretation and enforcement of this provision, and that both you and LiveWire are waiving the right to trial by jury or participation in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and LiveWire. Arbritration will be carried out in English.

If you desire to make a claim against LiveWire, and therefore seek arbitration, you must first send written notice of your claim (notice) to LiveWire, by certified mail. The notice to LiveWire should be addressed to: General Counsel, LiveWire EV, LLC, 3700 W. Juneau Ave., Milwaukee, WI 53208 ("Notice Address"). If LiveWire wishes to make a claim against you and therefore seeks arbitration, it will send a written notice to your most recent address on file or in our records by certified mail. Whether sent by you or LiveWire, a notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (demand). If LiveWire and you do not reach an agreement to resolve the claim within 30 days after the notice is received, an arbitration proceeding may be initiated by either party. During the arbitration, the amount of any settlement offer made by LiveWire or you may not be disclosed to the arbitrator. You may download or copy a notice or arbitration initiation form from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after LiveWire receives notice that you have commenced arbitration at the address provided, it will promptly reimburse said fee, unless your claim is for more than US $10,000. Arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and administered by the AAA. AAA rules and forms are available online at www.adr.org, by calling the AAA on 1-800-778-7879, or by requesting them in writing at the notice address. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, including those relating to this agreement's scope and enforceability, including this arbitration agreement. Unless LiveWire and you agree otherwise, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to AAA rules including those regarding arbitrator selection. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, through a telephone or in-person hearing as established by AAA rules. If your claim exceeds US $10,000, the right to a hearing will be determined by AAA rules. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions the award is based on. If the arbitrator issues you an award greater than LiveWire’s last written settlement offer made before an arbitrator was selected (or if LiveWire did not make an offer before the selection), then LiveWire will pay you the award or US $1,000, whichever is greater. Except as expressly set forth herein, payment of all filing, administration and arbitrator fees is governed by AAA rules. Each party must pay its own costs and attorney fees, if any. However, if any party prevails on a statutory claim that covers their legal costs, or if there is a written agreement providing for fee recovery, the arbitrator may award this under fee shifting standards provided by law.

YOU AND LIVEWIRE AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER INDIVIDUALLY, NOT AS A PLAINTIFF OR MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Livewire agree otherwise, the arbitrator may not combine more than one person's claims with yours, and may not otherwise preside over any form of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking it and only to the extent necessary to provide what is warranted by their individual claim.

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but this agreement's remaining provisions shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any of the claims will be in state or federal courts in Milwaukee, Wisconsin.

14. Choice of Law

This agreement, its subject matter and formation, and any related non-contractual disputes or claims, are governed by Californian law, without regard to law choice or conflicting principles, except as otherwise provided for in the arbitration agreement.

15. Entire Agreement

Your reservation confirmation, these terms, our Terms of Use, and our Privacy Policy are the final, integrated agreement between you and us on the matters contained herein. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. In the event of any conflict between these terms, our Terms of Use and our Privacy Policy, these terms shall prevail.