EQUIPMENT USAGE AGREEMENT, ASSUMPTION OF RISK AND RELEASE/WAIVER OF LIABILITY AGREEMENT I acknowledge and fully understand that I will be engaging in activities that involve risk of injury or death, including economic losses which might result not only from my injuries to myself or children riding or attached on the back of the bike and family members including medical or hospital bills, permanent or partial disability or death and damages to property, real or personal caused by or resulting from bicycling and I am personally and expressly ASSUMING ALL RISKS of riding a bicycle and will be personally responsible any and all damages that may arise. I am aware that some of the hazards of bicycling include, but are not limited to, faulty equipment, wheels falling off, tires going flat, faulty brakes, loose handlebars, loose wheel axles, bolts, skewers, loose equipment, hidden bicycle manufacturing and design defects, collisions with other bicyclists, collisions with vehicles, collisions with pedestrians and dangerous or defective roads. Participant must obey all laws and signs when riding on public or private property. Magnum Bikes, Inc. is not responsible for the non-compliance of Participant to laws and signs, nor any injury or damage that results. I have agreed to wear a bike helmet at all times as well as appropriate clothing and shoes suitable for bicycling. The Undersigned agree to accept for use the equipment listed on this form “AS-IS”. I have inspected the equipment with a representative of Magnum Bikes, Inc., and acknowledge that it is in good working condition. The Undersigned accepts full responsibility for the care of the equipment during the usage period and accept responsibility for the replacement at full value of any equipment used under this form and not returned, or returned in a damaged condition.The Undersigned represents that the Participant’s health and riding ability is adequate for use of the equipment. The Undersigned further agrees that the Participant shall be the only person using the equipment. Magnum Bikes, Inc. is not responsible for personal property left on the Bicycle/Equipment being used/rented. Renter/User agrees to indemnify Magnum Bikes, Inc. in this regard. IN CONSIDERATION OF ALLOWING THE PARTICIPANT TO USE THE EQUIPMENT, THE UNDERSIGNED AGREE TO HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY Magnum Bikes, Inc. their respective subsidiaries affiliates insurance companies, agents, employees, representatives, assignees, officers, directors, shareholders and the equipment manufacturers and distributors (each hereinafter a “Released Party”) FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from Participant’s use of the equipment INCLUDING THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREAK OF ANY EXPRESS OR IMPLIED WARRANTY. By execution of this release, the Undersigned agree to defend and indemnify each Released Party for any and all claims of the Undersigned and/or third party arising from Participant’s use of the equipment.