Release, Waiver, and Consent Form

This Release, Waiver and Consent is made on the date outlined below, by the individual named below, an individual 18 years of age and of the age of majority in his/her jurisdiction of residence or older (“Participant”) to the researchers (the “Company”) (i) for Participant to test ride a bicycle (or electric bicycle) at the demo event listed below; (the “Activity”), (ii) for Participant to volunteer for such Activity and (iii), Participant’s name, likeness, image, voice, appearance and/or performance (“Publicity Data”) may be used for research, continued product development, and marketing for or on behalf of Company’s production of videos or still photography (the “Works”). Participant acknowledges that the Activity and participation as described above is voluntary and that Participant is aware of the known and unknown hazards associated with (a) testing bicycles and electric bicycles and (b) attending, observing and spectating such Activity, is knowingly assuming and accepting the risk of bodily harm or death associated with such Activities, and agrees to follow any and all instructions provided by the Company, to obey all traffic laws and regulations, to act in a prudent and reasonable manner, and when riding or performing to wear all appropriate safety equipment including, without limitation, a helmet.

NOW, THEREFORE, for good and valuable consideration, including without limitation the Company’s agreement to allow Participant to participate in the Activity, the receipt and sufficiency of which is hereby acknowledged:
(i) The Participant does hereby waive and release, acquit and forever discharge for himself or herself, his or her heirs, administrators and assigns, any and all claims, causes, demands, actions or causes of action, of any kind or description, known or unknown, in law or equity, which the Participant may now or hereafter have against Company, its agents contractors, representatives, designees and others working for Company or on Company’s behalf, and their respective subsidiaries, affiliates, successors or assigns and their respective employees, officers, directors or shareholders, with respect to any Activity from time to time, irrespective of whether Participant is riding, performing, attending, observing or spectating therein.

(ii) The Participant does hereby consent to the use by the Company and its affiliates, successors, assigns, agents, representatives, and licensees of the Publicity Data in the Works, in any and all forms of media whatsoever, now known or later developed, for the purposes of advertising or trade in promoting and publicizing the Company, and/or for internal company purposes. This consent includes without limitation the right to edit, mix, duplicate, use, and reuse the Works in whole or in part. The Participant agrees that the Company shall have complete ownership of the Works in which Participant appears, including copyright interests, and Participant acknowledges that he or she has no interest or ownership in the Works or their copyrights, or right to use same, by virtue of Participant’s participation. For the avoidance of doubt, Participant further agrees that if the Company acquires the right to use photography or videos taken by others of Participant’s participation in the Activity, this Consent, Waiver and Release extends to such photography and video as if they were created by the Company directly.

(iii) The Participant hereby waives any right to inspect or approve the manner in which the Company uses the Publicity Data in connection with the above purposes, and the Participant hereby releases and discharges the Company, its agents, contractors, representatives, designees and others working for Company or on Company’s behalf, and their respective subsidiaries, affiliates, successors or assigns and their respective employees, officers, directors or shareholders from any and all claims and demands arising out of or in connection with the use, alteration, distortion or illusionary effect of the Publicity Data, including but not limited to claims for defamation, invasion of privacy, or right of publicity.

COVID-19 – Disclaimer and Release

a. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The Company has put in place preventative measures to reduce the spread of COVID-19; however, cannot guarantee that Participant or his/her child(ren) will not become infected with COVID-19. Further, attending this Company’s event could increase Participant’s risk and his/her child(ren)’s risk of contracting COVID-19.

b. By signing this agreement, Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that his/her child(ren) and Participant may be exposed to or infected by COVID-19 by attending the Company’s event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 at the Company’s event may result from the actions, omissions, or negligence of Participant and others, including, but not limited to, Company employees, Company contractors, other participants and their families. Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to his/her child(ren) or Participant (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Participant or his/her child(ren) may experience or incur in connection with participation in the Company photo/video shoot (“Claims”).

c. On the Participant’s behalf, and on behalf of his/her children, Participant hereby releases, covenant not to sue, discharge, and holds harmless the Company, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Participant understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of the Company, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the Company’s photo/video shoot.