RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

In consideration of being permitted to participate in a TEST RIDE at Mike’s Bikes (the “Activity”), I, “Test Rider”, for myself, my personal representatives, assigns, heirs, and next of kin:

1. Voluntary Participation in Activity.  I, Test Rider, agree to participate in the Activity with HEADLANDS VENTURES, LLC, a California limited liability company doing business as Mike’s Bikes ("Mike’s Bikes”), pursuant to which Mike’s Bikes may at its sole election provide me with bicycle products (collectively, "Test Products") for me to ride in order for me to assess Test Product function, sizing, durability, and design, and in order for Mike’s Bikes to receive feedback regarding the same. I have voluntarily requested participation in the Activity without undue influence of any kind by Mike’s Bikes. In consideration for being allowed to participate in the Activity and receive Test Products, and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I agree to participate in the Activity on the terms and conditions contained in this Agreement.

2. Assumption of Risk.  I am aware that RIDING BICYCLES IS AN INHERENTLY DANGEROUS AND HAZARDOUS ACTIVITY WHICH CAN RESULT IN MY SERIOUS INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, OR DEATH. I am also aware that in most cases, Test Products have not been manufactured by Mike’s Bikes. I represent and warrant to Mike’s Bikes that I possess the necessary skills and knowledge to safely use Test Products, and that I will use Test Products in a reasonable and safe manner under the circumstances. I further represent and warrant that if I allow any minor children to participate in the Activity, I am the lawful parent or guardian of such children and that Test Products will used in a safe manner and in accordance with all applicable laws, rules, regulations, and recommendations. I further acknowledge that the Activity may be on public roads and facilities open to the public during the Activity, and upon which the hazards of traveling are to be expected. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. I have been informed of Mike’s Bikes requirement that a helmet must be worn at all times during the Activity, and I have been offered a helmet to use for this purpose. I am fully aware that these risks and dangers may be caused by my own actions or inactions, or the actions or inactions of others, the conditions in which the Activity takes place, and/or the negligence of the Released Parties named below, and that there may be other risks and social and economic losses either not know to me or not readily foreseeable at this time. I am also aware of the highly contagious nature of bacterial and viral diseases, including without limitation the 2019 novel coronavirus disease (COVID-19) and other infectious diseases (individually a "Disease" and collectively, the "Diseases") and the risk that I and others may be exposed to or contract one or more Diseases by engaging in the Activity, which may result in illness, personal injury, psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I understand that while Mike’s Bikes has endeavored to implement measures to reduce the risk of injury from the Activity and the spread of the Diseases, Mike’s Bikes cannot guarantee that I and others will not be injured or become infected with a Disease due to participation in the Activity, and that engaging in the Activity may increase my risk of contracting a Disease. I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH FULL KNOWLEDGE OF THE DANGERS AND RISKS INVOLVED.  FOR MYSELF AND ALL OTHERS WHO I ALLOW TO PARTICIPATE IN THE ACTIVITY OR USE TEST PRODUCTS PROVIDED TO ME, INCLUDING ANY MINOR CHILDREN, I HEREBY ASSUME THE RISK OF INJURY OR DEATH RESULTING FROM SUCH PARTICIPATION IN THE ACTIVITY AND SUCH USE OF TEST PRODUCTS, INCLUDING WITHOUT LIMITATION THE RISK OF INFECTION WITH A DISEASE, AND I VERIFY THIS STATEMENT BY SIGNING THIS AGREEMENT.

3. Release.  I, for myself and my successors, assignees, heirs, distributees, guardians, legal representatives, and anyone else I allow to participate in the Test Activity or who uses Test Products provided to me (collectively, the "Releasing Parties") hereby forever waive, release, and discharge Mike’s Bikes, Headlands Ventures, LLC, The Mike’s Bikes Foundation, Team Mike’s Bikes Racing, and each of their respective administrators, shareholders, owners, officers, directors, employees, representatives, agents, controlling parties, parent companies, subsidiaries, and affiliates, suppliers, manufacturers, and, if applicable, owners and/or lessors of premises on which the Activity takes place, together with each of their respective successors and assigns (collectively, "Released Parties") from any and all past, present, and future actions, claims, demands, damages, and costs (including without limitation attorneys' fees and medical bills), known and unknown, including without limitation any claims based on any actual or alleged negligence of any Released Parties or based on my or their death, disability, personal injury, or property damage (collectively, "Claims"), arising from or related in any way to my or their participation in the Activity or my or their use of Test Products.  I further represent and warrant that I am authorized to execute this agreement for myself and the Releasing Parties and that I will not allow anyone to use Test Products to the extent I am not authorized to execute this agreement on their behalf. Without limiting the foregoing, I represent and warrant that I will not allow any minors to use Test Products if I am not that person’s lawful parent or guardian. Without limiting the foregoing, I further agree that neither I nor any Releasing Parties shall sue, take any legal action, or make any Claims against any of the Released Parties or any of their property as a result of my or their participation in the Activity or any Test Product failure, and that in no event will Mike’s Bikes or any of the other Released Parties be liable for any consequential, special, or indirect damages.  For myself and the Releasing Parties I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I or they are injured or require medical attention during or as a result of participation in the Activity or use of Test Products. For myself and the Releasing Parties I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.  I understand that by signing this release, I am (for myself and the Releasing Parties) waiving any and all Claims of any kind arising out of or attributable to participation in the Activity, including those Claims that may be unknown, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, FOR MYSELF AND THE RELEASING PARTIES, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

 "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

4. Indemnification.  I, for myself and the Releasing Parties, hereby agree to defend, indemnify, and hold the Released Parties harmless from and against any and all Claims arising from or related in any way to (a) participation in the Activity or use of Test Products by myself or anyone else I allow or permit to participate in the Activity or use Test Products; (b) interpretation of this Agreement in connection with my participation in the Activity; or (c) breach of any representation, warranty, agreement or understanding contained in this Agreement or communicated to me by Mike’s Bikes in connection with my participation in the Activity. I further agree that if, despite this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, I, or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each Released Party from any and all litigation expenses, attorney fees, losses, liabilities, damage, and costs which any may incur as the result of such claim.

5. Confidentiality; Inventions.  I, for myself and the Releasing Parties, hereby agree to keep confidential any and all information disclosed to or discovered by me in connection with my participation in the Activity which I know or should know should remain confidential or which is communicated to me by Mike’s Bikes (orally or in writing) to be confidential, including without limitation any and all information concerning the existence or performance of existing or future Mike’s Bikes products and Test Product durability, function, and design. The foregoing includes, without limitation, the obligation to not post related information on any social media platform. I, for myself and the Releasing Parties, hereby forever assign to Mike’s Bikes all of my right, title, and interest (including without limitation any and all ownership, licensing, and royalty rights) in and to any and all inventions, discoveries, designs, improvements, and developments conceived, discovered, or developed by me during my participation in the Activity, all of which are and shall remain the sole property of Mike’s Bikes.

6. Damage or Theft.  I acknowledge and agree that I am responsible for returning Test Products to Mike’s Bikes in the same condition as received. Should I damage any Test Product in any way beyond reasonable wear and tear, or if any Test Product is lost or stolen while in my care, I hereby authorize Mike’s Bikes to charge me the total cost of repairing the damage or the replacement cost of the Test Product, as reasonably determined by Mike’s Bikes and that in any case I will be fully liable for the replacement cost. The foregoing applies regardless of the duration of my participation in the Activity.

7. Miscellaneous.  Test Rider's participation in the Activity does not make Test Rider a Mike’s Bikes employee.  Mike’s Bikes is not obligated to provide Test Rider any Test Products, nor is Mike’s Bikes obligated to compensate Test Rider in any other way. Test Rider's participation in the Activity can be terminated at any time by Mike’s Bikes for any reason or no reason. Any and all Test Products shall be immediately returned to Mike’s Bikes upon request.  Each and every statement made by Test Rider in this Agreement is a representation and warranty given to induce Mike’s Bikes to allow Test Rider to participate in the Activity, and Mike’s Bikes is relying thereon in allowing Test Rider to participate. This Agreement contains the entire agreement between Mike’s Bikes and Test Rider and shall control in the event of conflict with any other oral or written agreement or understanding. This Agreement and all Claims arising from Test Rider's participation in the Activity shall be governed by the internal laws of the State of California law without regard to its conflict of laws doctrine and without application of rules favoring the non-drafting party. Jurisdiction and venue for any and all claims arising from this Agreement, regardless of legal theory, shall be in state court sitting in Marin County, California, unless otherwise directed by Mike’s Bikes. If any such action is removed to federal court for any reason, jurisdiction and venue shall be in the United District Court for the Ninth Circuit sitting in San Francisco, California. If any provision of this Agreement is unenforceable, the remaining provisions shall remain in effect. Test Rider agrees that it would be impracticable to ascertain the amount of money damages sustained by Mike’s Bikes as a result of any breach of any provision of this Agreement by Test Rider and that Mike’s Bikes shall be entitled to specifically enforce the provisions hereof by way of equitable remedies (including without limitation injunctive relief). Neither this Agreement nor any provision hereof can be amended or waived except pursuant to a written document or instrument signed by an authorized officer of Mike’s Bike which conspicuously and clearly indicates the desire on the part of Mike’s Bikes to amend the Agreement or waive a particular provision hereof. This Agreement shall survive termination of Test Rider's participation in the Activity.

8. KNOWING EXECUTION.  I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND EACH AND EVERY PROVISION HEREOF.  I AM AWARE THAT THIS AGREEMENT IS A BINDING CONTRACT CONTAINING A RELEASE OF LIABILITY AND OTHERWISE AFFECTING MY LEGAL RIGHTS.  I HAVE BEEN ADVISED TO CONSULT WITH AN ATTORNEY AND HAVE HAD AN OPPORTUNITY TO DO SO PRIOR TO SIGNING THIS AGREEMENT.  MY EXECUTION OF THIS AGREEMENT AND PARTICIPATING IN THE ACTIVITY ARE KNOWING AND VOLUNTARY ACTS OF MY OWN FREE WILL. I UNDERSTAND AND ACKNOWLEDGE THAT EXECUTION AND DELIVERY OF THIS AGREEMENT IS A CONDITION TO MY PARTICIPATION IN THE ACTIVITY AND THAT IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY, MIKE’S BIKES AND OTHER RELEASEES ARE RELYING ON THIS AGREEMENT.

I AM 18 YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT IM AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THS AGREEMENT, HAVE SIGNED IT VOLUNTARILY 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 AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE

INVALID, THE BALANCE SHALL CONTINUE IN FULL FORCE AND EFFECT.