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I ACKNOWLEDGE THAT BY PURCHASING A DEMO PROGRAM BICYCLE THAT I AGREE TO THIS DOCUMENT, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT TO SUE AND RELEASE FROM LIABILITY IRON HORSE BICYCLES, WORLD WIDE CYCLE SUPPLY, RANDALL SCOTT CYCLE COMPANY, AND EACH OF THEIR RESPECTIVE AGENTS, EMPLOYEES, AND AFFILIATES (COLLECTIVELY "RELEASEES"), AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING.

In consideration of the use of a demo bike provided to me by one or more of Releasees, I hereby freely agree to and make the following contractual representations and agreements. I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF PARTICIPATING IN A BICYCLE EVENT, whether as a rider or otherwise, and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation: the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, including pot holes, equipment failure, inadequate safety equipment, THE RELEASEES' OWN NEGLIGENCE, the negligence of others and weather conditions; and the possibility of serious physical and/or mental trauma or injury, or death associated with the activity of cycling. For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "Successors") I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the Releasees and their respective agents FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES' OWN NEGLIGENCE, which I have or which may hereafter accrue to me, and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my use of a IRON HORSE DEMO BIKE. I agree it is my sole responsibility to continually ride so as to neither endanger myself nor others. I ACCEPT RESPONSIBILITY FOR THE CONDITION AND ADEQUACY OF THE DEMO BIKE AND MY CONDUCT AND AGREE TO IMMEDIATELY CEASE RIDING THE DEMO BIKE IF ANY PROBLEM SHOULD ARISE WITH ITS OPERATION.

I am an experienced bicycle rider familiar with bicycles having quick release skewers and toe-clip or clipless pedals. I am not and will not be under the influence of any alcoholic beverage, drug, or medication during my participation in this bicycle demo event and do not have any ailment or condition which affects or impairs my balance, vision, coordination, or other ability to properly and safely operate a bicycle. I will not use this bicycle if I do not fully understand its use and function.

I agree to accept AS IS all equipment provided to me during this bicycle demo and I agree to accept full responsibility for the care of the equipment while it is in my possession. I FURTHER AGREE TO BE RESPONSIBLE FOR THE REPLACEMENT, AT FULL RETAIL VALUE, OF ANY EQUIPMENT I RECEIVE, BUT DO NOT RETURN UPON REQUEST, EVEN IF IT LOST OR STOLEN. IN ADDITION, I AGREE TO BE RESPONSIBLE FOR THE REPLACEMENT, AT FULL RETAIL VALUE, OF ANY EQUIPMENT DAMAGED WHILE THE DEMO BIKE IS IN MY POSSESSION. I UNDERSTAND THAT RANDALL SCOTT COMPANY IS THE SOLE JUDGE OF WHAT CONSTITUTES "DAMAGE" IN THIS REGARD.

The cost to me to demo a bicycle is $250. This entitles me to FedEx Ground shipping to and from my location in the Continental United States, plus NO MORE THAN 7 DAYS possession of the bicycle. I will ship the demo bicycle back to the Releasees on the first business day after the 7 days of possession are complete. I will use the pre-paid, pre-addressed FedEx label for shipment. I give permission to the Releasees to charge my credit card $50 per day for each day I keep the demo bicycle in my possession after this demo period is complete. If within 14 days from the bicycles arrival I do not return the bicycle to the Releasees I give permission to charge my card in full for the bicycle, pro-build, and any accompanying parts that were sent to me. If I do not return the "demo box," the box which the demo bicycle and other parts were sent in, to the Releasees within 14 days from the arrival of the bicycle I give permission to charge my credit card the amount of $200.

The Releasees reserve the right to ship the demo bicycle ONLY to the billing address of my credit card. The Releasees will not ship a demo bicycle to an address outside of the Continental United States. While the Releasees will do their best to provide an estimate of a shipment date and an arrival date of the demo bicycle, these estimates do not constitute a guarantee of these dates.

I agree to wear a helmet which satisfies the requirements of the United States Consumer Product Safety Commission and that can protect against serious head injury, and assume all responsibility and liability for the selection of such a helmet. I have no physical or medical condition which would endanger myself or others, or would interfere with my ability to use the IRON HORSE DEMO BIKE. I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert a claim contrary to what I have agreed to in this contract, the claiming party shall be liable for the expenses (including legal fees) incurred by the releasees in defending the claims. This contract may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification. I consent to the release by any third party to Releasees and their insurance carriers of my name and medical information that may relate solely to any injury or death I may suffer arising from the event. Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.

 
Sincerely,