ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT

Better On Bikes LLC Waiver and Release of Liability

I, the named participants, being above age eighteen, or the parent or legal guardian of the above-named person who is under age eighteen, in consideration of the services of Better On Bikes LLC the rate charged for those services, or the worth of them as freely given, and the right to engage in the Activities as a participant, hereby acknowledge, agree, promise and covenant with Better On Bikes LLC and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representative and next of kin:

1. ACKNOWLEDGMENT OF RISK: I acknowledge, agree and represent that the lesson and / or tour and related activities (“Activities”) I am about to engage in voluntarily, bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property or the property of Better On Bikes LLC. I further acknowledge that I understand the nature of cycling and related Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation.

2. ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand that (a) cycling, electric bicycle riding, and Scootering,and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including, but not limited to permanent disability, paralysis, and death to myself and to other third parties; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the negligence of the “Releasees” named below;(c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, that on the minor named above arising from my participation in the Activities. Equipment of any kind may malfunction, be defective, or fail, and safety equipment may not adequately protect you. Patrons may perform activities out of control or beyond their physical limits, or otherwise act in a negligent, reckless, or intentional manner which contributes to the injury or death of themselves or other patrons. I understand and appreciate all of these risks and the possible outcomes, understand that this is not a complete list and there may be unknown or unanticipated risks, and I voluntarily choose to participate nonetheless.

3. I HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk. For injury, death, illness, disease, or damage to other third parties and their property arising from my participation in the Activities and agree not to sue Better On Bikes LLC, its instructors, employees, agents, owners, and contractors (each considered one of the “Releases” from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releases” or otherwise, including negligent, assistance operations; and I further agree that if despite this Release and Waiver of Liability, assumption of risk, and indemnity agreement I, or any one on my behalf, make a claim against anyone of the Releases, I will indemnify, save and hold harmless each of the Releases from any litigation, attorney’s fees, loss, liability, or cost which incur as the result of such claim. I further understand and agree to fully reimburse Better On Bikes LLC for any damage caused to property of Better On Bikes LLC as a result of my participation in the Activities. My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks. My insurance company shall not have, and I hereby waive, any rights of subrogation against the Better On Bikes LLC or any Released Parties on account of any Losses. I hereby knowingly, voluntarily and intentionally waive the right to a trial by jury in respect of any litigation based hereon or arising out of, under or in connection with this agreement and any course of conduct, course of dealing, statements (whether verbal or written) or actions of Better On Bikes LLC. This provision is a material inducement for Better On Bikes to grant my usage to the rented products.

4. I AGREE TO ABIDE by Better On Bikes LLC policies and agree to comply with all instructions of the guide, instructor or staff in connection with participation in the Activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the Activities without reimbursement or cancellation of fees paid or owed.

I have been fully warned and advised by Better On Bikes LLC, that I should wear a properly fitted and secured helmet while participating in Better On Bikes LLC (whether on the premises or off of the Better On Bikes LLC’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of Better On Bikes LLC and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement. I have read the foregoing statement carefully before accepting and do understand its warning.

Wearing an approved helmet while Biking is required for individuals sixteen (16) years of age and under.

I understand that the use of possession of drugs or alcohol is strictly prohibited before and during the Activities and will be grounds for immediate removal from the Activities with our reimbursement of fees paid or owed. I agree that if in the judgment of my instructor and / or guide, he / she must call for assistance during the trip due to my noncompliance with his / her instructions or Better On Bikes LLC policies that I accept responsibility for paying any associated rescue and transportation costs. If I return Rental Equipment with damage, I authorize Better On Bikes LLC to charge my credit-card a Damage Fee. I understand this fee will be calculated by the amount of damage to the Equipment. I authorize Better On Bikes LLC to charge my credit-card a Damage Fee up to the full value of the Rental Equipment for any Rental Equipment on my Rental Reservation that I return with damage. If I choose to keep my bikes longer than my rental duration, I agree to contacting Better On Bikes LLC to request a Rental Extension. I understand that a Rental Extension is not guaranteed. If I choose to return a bike for a duration longer than my selected Rental Period, without receiving a Rental Extension, I authorize Better On Bikes LLC to charge my credit-card with a late fee of one-hundred and fifty percent (150%) of the day Rental Rate for each non-returned item, per each day I fail to return them. I understand that all Rental Equipment must be checked-in at the end of my Rental Period. If I do not return any Rental Equipment on my Rental Reservation at check-in, I authorize Better On Bikes LLC to charge my credit-card the full retail value of the unreturned Equipment.

In order to prevent theft, all of our E-bikes, scooters, and bicycles will come equipped with locks, which must be utilized whenever the bike is left unattended.

In case of theft, the customer will be responsible for reimbursing Better On Bikes LLC for the original price of the e-bike(s), plus the cost of any accessories that were provided at the time of the bike rental. All rental items are maintained on a daily basis. It is my responsibility to check the bike or scooter BEFORE setting out on any ride. Bicycles and scooters are rented out clean and in proper working condition and must be returned in the same manner. Participants agree to diligently observe and follow rights of way, traffic regulations and applicable rules. I agree to not ride in wet conditions as it can lead to potential hazards. Bicycles or scooters have the risk of sliding away, resulting in possible injuries. Moreover, wet conditions may also cause damage to the electronic components of the vehicles. I acknowledge and agree to take responsibility for storing and safeguarding all rented items from exposure to adverse weather conditions.

5. By participating in or attending any Activities in connection with Better On Bikes LLC, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.

6. I hereby consent to receive text messages from Better On Bikes LLC. for the purpose of communication related to the services provided by Better On Bikes LLC. I understand that standard message and data rates may apply. I acknowledge that I am voluntarily providing my mobile phone number for this purpose.

I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF Better On Bikes LLC, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.

I, as a legal adult of 18 years or older (or as the parent / legal guardian of a minor named above) have read this agreement and fully understand its terms, understand that I have given up substantial rights by agreeing to it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between Better On Bikes LLC, its agents or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of Better On Bikes LLC or by me. If any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected and the term in question shall be valid and enforced to the fullest extent permitted by law. This agreement is governed by the law of the State of Florida, and all disputes shall be resolved in state or federal courts located in Manatee County, Florida.

I HAVE READ AND I UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY, AND I HAVE HAD THE OPPORTUNITY TO HAVE MY LEGAL COUNSEL REVIEW IT. I AGREE THAT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MEMBERS OF MY FAMILY, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS MIGHT HAVE AGAINST THE RELEASED PARTIES.