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Waiver of liability for test rides

I desire to test ride one or more bicycles at a VanMoof retail location including pop up locations. I voluntarily enter into this agreement in order to induce VanMoof B.V. (the “Agreement”) to allow me to test ride the bicycle.

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In consideration for allowing me to test ride the bicycle for a reasonable amount of time and within a reasonable distance from the VanMoof retail location, I acknowledge that I understand and do expressly agree to the following terms and conditions:

  1. I hereby state and confirm to VanMoof B.V. that:
    (a) I am 18 years of age or older;
    (b) the information I have provided to VanMoof B.V. in connection with this Agreement is complete and true in all material respects; and
    (c) I do not have any medical condition that would reasonably be expected to affect my ability to safely operate the bicycle.
  2. Furthermore, I hereby state and confirm I have not consumed, and will not be under the influence of, an alcoholic beverage, controlled substance or other substance that has or could have a sedating or intoxicating effect now or while riding the bicycle.
  3. I acknowledge that a VanMoof sales representative has provided me with sufficient information regarding the principal features of the bicycle that I seek to test ride and instructions for the bicycle’s safe operation. I further acknowledge that I have been afforded sufficient opportunity to ask a VanMoof sales representative any additional questions that I believe are necessary for me to operate the bicycle in a safe manner and in compliance with the terms of this Agreement. If at any time I feel the bicycle is not functioning properly, I will stop using it and return it to VanMoof.
  4. I shall comply with all policies, rules and regulations of VanMoof B.V. relating to the test ride, as well as all applicable traffic laws, including but not limited to those concerning vehicle safety, vehicle operation, insurance, and the consumption of alcoholic beverages or other substances that have or could have a sedating or intoxicating effect. I hereby assume all responsibility for my failure to comply with such policies, rules, regulations and/or laws.
  5.  In case of injury or emergency during the test ride, I will call 112. Furthermore, I shall immediately report to VanMoof B.V., my insurance company, and the local police department any accident, injury or damage arising during my operation of the bicycle. Upon a reasonable request of VanMoof B.V. I shall promptly forward to VanMoof B.V. all documents, notices and pleadings received by me or on my behalf regarding any claim, lawsuit or other action regarding my use of the bicycle.
  6. I acknowledge that my test ride of the bicycle is voluntary and carries with it
    (a) certain dangers and inherent risks to both myself and third parties, including but not limited to collision, turning over, slipping, falling, and equipment failure, which could result in temporary or permanent injury or even death,
    (b) the risk of damage to, or even total destruction of, the bicycle, and
    (c) the risk of damage to any personal items I may have in my possession during the test ride.
  7. VanMoof B.V.’s liability is limited to its liability under Book 6 title 3 section 3 of the Duct Civil Code regarding product liability. This means VanMoof is only liable for damage caused by a safety defect of the bicycle and only for damage as a result thereof caused by
    1. death or by personal injuries and
    2. damage caused by the defect product to another asset of a type which is ordinarily intended for private use or consumption and was used by the injured person mainly for his own private use or consumption, with a lower threshold of € 500 (five hundred euro). All other possible liability of VanMoof B.V. is hereby expressly excluded.
  8. To the fullest extent allowed by law, and notwithstanding the (limited) liability of VanMoof B.V. as stipulated in paragraph 6 of this Agreement, I hereby indemnify and hold harmless VanMoof B.V. its group companies as referred to in section 2:24b of the Dutch Civil Code, its and their directors and employees, dealers and other affiliates (collectively, the “Indemnified Parties”) from any and all other claims, demands, actions, causes of action, suits, costs, charges, liabilities, judgments, loss or expenses, including reasonable attorney fees, which may arise or result, directly or indirectly, whether caused by my negligence or otherwise, from my use or operation of the bicycle, including but not limited to those arising from any personal injury, death or property damage.
  9. Notwithstanding the (limited) liability of VanMoof B.V. as stipulated in paragraph of this Agreement, I hereby release, waive and, discharge each of the Indemnified Parties from any and all other liability to me and my insurers from any and all other loss or damage, and any claims or demands therefore, on account of injury to or death of any person or damage to any property, arising out of or in any way connected or related directly or indirectly to my operation or use of the bicycle, whether caused by my negligence or otherwise, and covenant not to sue any of the Indemnified Parties in connection with any such loss, damage, claim or demand. If I do file a lawsuit, I agree to pay any reasonable attorney fees, costs or judgments incurred by the Indemnified Party except if the Indemnified Party is found liable.
  10. This instrument shall be binding upon third parties . I agree the terms of this Agreement are intended to be as broad and inclusive as is permitted by law and that if any portion is held invalid, the balance shall continue in full legal force and effect. I make these covenants and representations with the full understanding that VanMoof B.V. is relying on each of them. This instrument shall apply to my use or operation of any and all bicycles throughout my visit to the VanMoof retail location and shall survive each test ride indefinitely.
  11. By checking the box in the online test ride portal I agree and acknowledge that
    1. I have read the above terms and conditions carefully and fully,
    2. I fully understand them,
    3. I agree to be bound thereby, and 
    4. I am signing this waiver freely and voluntarily with full knowledge that this is a contract which limits my legal rights and is binding upon me.