Xtracycle Sport Utility Cargo Bicycles and Accessories

IN CONSIDERATION of the use of any products associated with “XTRACYCLE”, on behalf of myself, my personal representatives, assigns, heirs and next of kin, I freely make the following representations and agreements:

I. I am familiar with the XTRACYCLE products (“Product”) and agree to take full responsibility for the use of the Product. This use will include adhering to all safety rules while riding a bicycle and using the Product, wearing a helmet at all times (and ensuring all passengers also wear a helmet at all times), using head and tail lights while riding at night, properly storing the Product and ensuring that the Product and its parts, if any, are correctly installed, used and maintained. I further agree that if at any time I believe that any conditions that may impact use of the Product are or seem to be unsafe, I will immediately discontinue further use of the Product. II. I acknowledge and understand that riding a bicycle and/or riding a bicycle with an extended wheel base with or without cargo loads (including, without limitation, human passengers, child carriers, animals, groceries, building materials/supplies, surfboards, kayaks, other bicycles, or any other load) can be a dangerous activity, requiring strenuous exercise and various degrees of skill and experience. III. I represent and warrant that I do not have any physical or medical condition that would prevent me from riding a bicycle and using the Product, or which would endanger myself or others. IV. I fully realize the dangers of bicycling and using the Product and I fully assume all the risks associated with such use. I understand these risks include, by way of example and not limitation, the following: the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment and weather conditions; property damage or loss; and I understand the serious risks, hazards and dangers of personal injury, including permanent disability, paralysis and death associated with bicycling and the use of the Product. These risks and dangers may be caused by my own actions or inactions or the actions or inactions of others, or by other unknown, unforeseeable or foreseeable causes. I freely and voluntarily elect to participate in the testing or use of the Product with the knowledge of the risk and danger involved. V. I understand and agree that the Product is not intended to be used by anyone under the age of 18. VI. I agree that if I authorize any individual(s) other than myself to use the Product, I assume, on behalf of myself and all other individual(s) using the Product, all liability, risk and responsibility relating in any manner to the use of the Product. VII. I understand and acknowledge that XTRACYCLE is not an insurer of my behavior and/or actions or inactions, and that XTRACYCLE assumes no liability whatsoever for personal injuries or property damages to me, my property or any third party or their property arising from the use of the Product. VIII. I hereby agree not to sue XTRACYCLE and all of its officers, administrators, directors, employees, agents and any other person or entity acting on their behalf (collectively the “Releasees”) and agree to release, forever discharge and indemnify and save and hold harmless, XTRACYCLE and the Releasees from any and all liability, claims, losses, damages, demands, actions and causes of actions whatsoever arising out of or related in whole or in part to any loss, damage, or injury, including death, that may be sustained by me or any third party or loss or damage to any property belonging to me or any third party arising out of or related to use of the Product. IX. I agree that the site of any lawsuit arising out of or related in any way to the Product shall be in the State of California and that this Agreement shall be governed by and construed in accordance with the laws of the State of California, without application of any principles of choice of law. In the event that a lawsuit arises between me and XTRACYCLE, I agree and covenant to pay for any and all attorney fees and costs and expenses incurred by XTRACYCLE in enforcing this Agreement. If any portion of this Agreement is held to be invalid by a court of law, then I agree that it is intended that all the remainder of the Agreement shall, notwithstanding, continue in full force and effect.

I HAVE CAREFULLY READ THESE TERMS AND FULLY UNDERSTAND THEIR CONTENT. I AM AWARE THAT THIS IS AN ASSUMPTION OF RISK, A WAIVER AND RELEASE OF LIABILILTY AND AN AGREEMENT TO INDEMNIFY AND THAT IT FORMS A CONTRACT BETWEEN MYSELF AND XTRACYCLE, AND MY EXECUTION OF THIS AGREEMENT IS AT MY OWN FREE WILL, WITHOUT ANY INDUCEMENT, REPRESENATION, ASSURANCE OR GUARANTY OF ANY NATURE BEING MADE TO ME. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

I CERTIFY THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT I UNDERSTAND THE TERMS OF THIS AGREEMENT. I AGREE TO COMMUNICATE THE TERMS OF THIS AGREEMENT TO ANY INDIVIDUAL(S) THAT I ALLOW TO USE THIS PRODUCT. I ALSO ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT SHALL BIND MY HEIRS, AGENTS, PERSONAL REPRESENTATIVES AND ASSIGNS.