LIABILITY WAIVER AND RELEASE AGREEMENT
1. Voluntary Participation in Program. I agree to participate in a demonstration program ("Program") with Krueger Outdoor, Inc, dba Esker Cycles, a Minnesota Corporation (Esker), pursuant to which Esker may at its sole election provide me with bicycle products (collectively, "Products") for me to ride in order for me to assess function, sizing and durability. I have voluntarily requested participation in the Program without undue influence of any kind by Esker. I agree that Esker may contact me in the future at the email address provided. I agree to participate in the Program on the terms and conditions contained in this Agreement.
2. Assumption of Risk. I am aware that riding bicycles is a hazardous activity which can result in my serious injury or death. I represent and warrant to Esker that I possess the necessary skills and knowledge to safely use Products, and that I will use Products in a reasonable and safe manner under the circumstances. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND THE PROGRAM WITH FULL KNOWLEDGE OF THE DANGERS AND RISKS INVOLVED. I HEREBY ASSUME THE RISK OF MY INJURY OR DEATH RESULTING FROM MY PARTICIPATION IN THE PROGRAM AND MY USE OF PRODUCTS, AND I VERIFY THIS STATEMENT BY EXECUTING THIS AGREEMENT.
3. Release. I, for myself and my successors, assignees, heirs, distributees, guardians, and legal representatives (collectively, the "Releasing Parties") hereby forever waive, release, and discharge Esker and its shareholders, officers, directors, employees, representatives, and agents, together with their successors, assigns, controlling parties, subsidiaries, and affiliates (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 death, disability, personal injury, or property damage (collectively, "Claims"), arising from or related in any way to my participation in the Program or my use of Products. 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 participation in the Program or any Product failure, and that in no event will Esker be liable for any consequential, special, or indirect damages.
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) my participation in the Program or my use of Products; (b) interpretation of this Agreement in connection with my participation in the Program; or (c) my breach of any representation, warranty, agreement or understanding contained in this Agreement or communicated to me by Esker in connection with my participation in the Program.
5. Damage or Theft. I acknowledge and agree that I am responsible for returning Products to Esker in the same condition as received. Should I damage any Product in any way beyond reasonable normal use, wear and tear, or if any Product is lost or stolen while in my care, I hereby authorize Esker to charge me the total cost of repairing the damage or the replacement cost of the Product, as reasonably determined by Esker.
6. 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 PROGRAM ARE KNOWING AND VOLUNTARY ACTS OF MY OWN FREE WILL.