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.
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 LiveWire is not liable for inaccurate or outdated information.
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.
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.
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.
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.
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
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