OPEN COUNTRY E-BIKES, LLC

EQUIPMENT RENTAL AGREEMENT, ACKNOWLEDGMENT OF RISKS AND HAZARDS,
LIABILITY RELEASE, AND AGREEMENT NOT TO SUE

READ CAREFULLY BEFORE SIGNING – THIS AGREEMENT LIMITS YOUR LEGAL RIGHTS

“Renter” means the undersigned individual renting equipment from Open Country E-Bikes, LLC. To the extent allowed by law, where the user of the Equipment is under the age of 18 and Renter is the user’s parent or guardian, “Renter” means both the undersigned Renter and the user of the Equipment. In consideration for and in connection with the opportunity to participate in the Activity and to rent and use the Equipment, Renter hereby executes this Equipment Rental Agreement, Acknowledgement of Risks and Hazards, Liability Release, and Agreement Not to Sue (the “Agreement”) on Renter’s own behalf, or on behalf of others who have expressly authorized Renter to do so.

Renter understands and agrees that the use of electric bicycles (“e-bikes”), bicycling, mountain biking, and use of all paved and unpaved roads, trails and off-trail areas (the “Activity”) is HAZARDOUS AND PRESENTS A RISK OF PHYSICAL INJURY AND DEATH. RENTER EXPRESSLY ASSUMES ALL INHERENT AND OTHER RISKS ASSOCIATED WITH USE OF THE EQUIPMENT AND PARTICIPATION IN THE ACTIVITY, WHICH INCLUDE BUT ARE NOT LIMITED TO: existing and changing trail and weather conditions, risks associated with altitude, variations in terrain, rocks, cliffs, stumps, trees, marked or unmarked natural and man-made obstacles, collisions with objects or persons, encounters with animals and insects, use of and failure of or inadequacy of rental equipment, and the negligence of Renter and or other participants or persons. Renter understands that risks associated with the Activity also include loss of balance, loss of control, falling, sliding, and being injured or killed.

Renter agrees to accept “as is” all rental equipment including helmets (the “Equipment”), and understands that use of a helmet is required at all times while engaging in the Activity. Renter agrees to accept full responsibility for the custody and care of the Equipment, and agrees to be responsible for the replacement or repair of any Equipment not returned, or returned in a damaged condition beyond ordinary wear and tear. Renter authorizes Open Country E-Bikes, LLC to charge Renter’s credit card for the cost of Equipment replacement or repair. Renter agrees that Renter has been adequately instructed on the proper use of the Equipment at the time of rental, including e-bike operation, pedal assist, all available modes of operation, brakes, shifters, derailleurs, pedals, handle bars, and seat posts. In the event that Renter feels that Renter needs further instruction or that any aspect of the Equipment is not functioning properly, Renter agrees to immediately stop using the Equipment.

IN CONSIDERATION FOR BEING ALLOWED TO USE THE EQUIPMENT AND PARTICIPATE IN THE ACTIVITY, RENTER AGREES NEVER TO SUE AND TO RELEASE FROM LIABILITY, HOLD HARMLESS, DEFEND, AND INDEMNIFY Open Country E-Bikes LLC, all equipment manufacturers and distributors, and each of their affiliates, owners, members, investors, officers, directors, managing agents, employees, agents, volunteers, sponsors, contractors, landowners, and all affiliated persons and companies (collectively, “Releasees”) for PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER TORT LIABILITY resulting from or associated with Renter’s participation in the Activity and use of the Equipment, regardless of the cause, to the fullest extent allowed by law, including the actual or alleged NEGLIGENCE of Releasees. This Agreement, however, shall not provide a release of liability for gross negligence, recklessness, willful misconduct, or other aggravated misconduct beyond simple negligence.

This Agreement shall be binding to the fullest extent permitted by law. Renter understands and agrees that this Agreement is severable and that if any clause is found to be invalid, the balance of the Agreement will remain in effect, valid, and enforceable. Renter agrees that any claim or action brought in connection with the Activity, use of the Equipment, or this Agreement will be subject to and determined under the laws of the State of Utah, and that any action related to the Activity, use of the Equipment, or this Agreement must be brought in the courts of Garfield County, Utah. This Agreement shall be binding on Renter and Renter’s heirs, assignees, executors, next of kin, and personal representatives. RENTER AGREES TO INDEMNIFY THE RELEASEES FOR ALL LIABLITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY MISREPRESENTATIONS MADE IN, OR FRAUDULENT EXECUTION OF, THIS AGREEMENT.

I HAVE CAREFULLY READ THIS DOCUMENT, FULLY UNDERSTAND ITS CONTENTS, ACCEPT IT, AND AGREE TO BE BOUND BY ITS TERMS.