BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY – THIS IS A LEGAL AGREEMENT In consideration of Sherwood E-Bikes Ltd. (“Sherwood”) permitting the participant (the “Participant”) to participate in the test drive or test riding (collectively, the “test drive”) of an electric bicycle and/or personal mobility vehicle (“PEMV”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I (if 18 years or older), or if under 18 years, the Participant’s parent or legal guardian (“I”, “me”, “my” or “myself”), hereby enter into this agreement (the “Agreement”) for myself and, if a parent or guardian, on behalf of the Participant, with and for the benefit of Sherwood and its affiliates and their respective directors, officers, employees, contractors, volunteers, partners, agents, representatives, shareholders, successors and assigns (individually, a “Releasee” and, collectively, “Releasees”). In consideration of the Participant’s participation in the test drive, I acknowledge and agree as follows: 1. ASSUMPTION OF THE RISKS AND RELEASE OF LIABILITY I fully understand and acknowledge that: (a) there are inherent risks, dangers and hazards that exist as a result of the Participant’s participation in the test drive; (b) the Participant’s participation in the test drive may result in loss, damage, injury or harm including, but not limited to, property damage, bodily injury, loss of life, or other ailments or injuries that could cause serious disability; and (c) these risks and dangers may be caused by the negligent acts or omissions of the Releases and/or accidents or other causes. I further understand and acknowledge the Releasees make no representations or warranties regarding the condition, safety, fitness for purpose, or suitability of any equipment or other property provided, owned, and/or maintained by any of the Releasees for use during the test drive. I ACKNOWLEDGE THAT PARTICIPATION IN THE TEST DRIVE IS VOLUNTARY. I HEREBY ACCEPT AND ASSUME FULL RESPONSIBILITY for any and all risks arising from the Participant’s participation in the test drive. As a condition of, and in consideration of the Participant’s participation in the test drive, I HEREBY RELEASE THE RELEASEES from any claims, demands, liabilities, losses, damages, costs, actions or causes of action of every nature and kind whatsoever (collectively, “Claims”) that I may have against the Releasees arising out of the Participant’s participation in the test drive, whether direct, indirect, special, or consequential, including, without limitation, on account of any injury, harm, illness, disability, loss or damage of any kind due to any negligent act or omission whatsoever on the part of the Releasees, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation, or otherwise. 2. INDEMNIFICATION I AGREE TO INDEMNIFY, DEFEND AND SAVE HARMLESS THE RELEASEES AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, A CLAIM BROUGHT BY A MINOR PERSON OR A PERSON UNDER A LEGAL DISABILITY FOR WHOM I AM THE PARENT OR GUARDIAN. I FURTHER HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any third party Claims arising out of the Participant’s participation in the test drive, including, without limitation, on account of any injury, harm, disability, loss, property damage, or any other damage of any kind due to any act or omission on the Participant’s part. 3. AGREEMENT TO FOLLOW DIRECTIONS The Participant shall comply with all posted rules, warnings, signs, and notices at the test drive location and on the electric bicycle or PEMV. The Participant shall also follow all oral instructions provided by Sherwood or its authorized personnel before, during, and after the test drive. Such instructions may include guidance on vehicle operation, designated routes, speed limits, safety protocols, and emergency procedures. Failure to comply may result in immediate termination of the test drive at Sherwood's sole discretion. Prior to commencing the test drive, the Participant shall complete all safety training, orientation sessions, and instructional briefings required by Sherwood, including viewing safety videos, reviewing written materials, completing practical demonstrations, and confirming understanding of safe operating procedures. The Participant shall give full attention during all training activities and shall not operate the electric bicycle or PEMV until all required training has been satisfactorily completed. The Participant acknowledges that all instructions and training are designed to promote the safety of the Participant and others, and that compliance is a material condition of participation. Sherwood reserves the right to refuse or revoke participation if the Participant fails to follow instructions, complete required training, or if Sherwood reasonably believes the Participant is unable or unwilling to operate the electric bicycle or PEMV safely. 4. PARTICIPANT REPRESENTATIONS AND WARRANTIES The Participant represents and warrants that the Participant: (a) is at least eighteen (18) years of age, or if a minor, has obtained parental or legal guardian consent as evidenced by the signature below; (b) is of the legal age required to operate an electric bicycle or PMEV; (c) is physically and mentally capable of safely operating an electric bicycle or PEMV; (d) has no medical conditions or impairments that would prevent safe participation or that could be aggravated by the test drive; (e) is not under the influence of alcohol, drugs, or any impairing medication (f) has received adequate instruction on safe operation prior to the test drive; and (g) will wear all required safety equipment, including a properly fitted helmet, throughout the test drive. 5. EQUIPMENT ACKNOWLEDGMENT The Participant acknowledges the opportunity to inspect the electric bicycle or PEMV prior to the test drive and confirms it is in safe working condition. The Participant shall promptly notify Sherwood of any defects, mechanical problems, or safety concerns before, during, or after the test drive. The electric bicycle or PEMV remains Sherwood's property, and the Participant shall operate it with reasonable care in accordance with all applicable laws. The Participant shall not modify, tamper with, or alter any component of the electric bicycle or PEMV. The Participant is responsible for the electric bicycle or PEMV while in the Participant's possession and shall return it to Sherwood in the same condition as received, subject to normal wear and tear. 6. SAFETY REQUIREMENTS The Participant shall wear an approved safety helmet meeting applicable safety standards at all times during the test drive. While Sherwood may provide a helmet, the Participant is responsible for ensuring proper fit and secure fastening. The Participant shall wear closed-toe shoes and appropriate clothing and shall remain within the designated test drive area at all times, following all traffic laws, signals, and signs. The Participant shall not perform stunts, tricks, jumps, or other dangerous maneuvers while operating the electric bicycle or PEMV. Sherwood reserves the right to terminate the test drive at any time if, in its sole discretion, the Participant is operating the electric bicycle or PEMV unsafely or violating any terms of this Agreement. 7. FEES The Participant agrees to pay for all damages to the property or facilities of Sherwood, caused by negligent, reckless, or willful actions by the Participant or anyone in the Participant's party. 8. MEDICAL ACKNOWLEDGMENT I acknowledge that participating in the test drive may be physically demanding and strenuous, and I represent and warrant that I (or the minor Participant, if applicable) am in good physical and mental health and have no medical condition, disability, illness, or impairment that would make participation in the test drive hazardous to my health or the health of others. I confirm that I (or the minor Participant) have not been advised by a medical professional to refrain from physical activity or activities similar to the test drive. I understand and acknowledge that Sherwood does not provide medical or health insurance for Participants, and I agree to obtain and maintain my own medical insurance coverage (or coverage for the minor Participant) that is adequate to cover any injuries or medical expenses that may arise from participation in the test drive. I hereby authorize Sherwood and its employees, agents, representatives, and any medical personnel to obtain, provide, or arrange for emergency medical care, first aid, or other medical treatment for me (or the minor Participant) at my sole expense, if I (or the minor Participant) am injured or require medical attention during the test drive and I am unable to provide consent for medical treatment or, in the case of a minor Participant, if the parent or legal guardian cannot be reached immediately by telephone or in person. I understand that Sherwood is not obligated to provide such medical care but may do so in its sole discretion in an emergency situation. I agree to hold harmless and indemnify the Releasees for any and all decisions made regarding my medical care or the medical care of the minor Participant in an emergency situation, including but not limited to decisions regarding the type of treatment provided, the medical facility or provider selected, the transportation method used, and the timing of such treatment. If the Participant is a minor, I, as the parent or legal guardian, represent and warrant that I have fully informed Sherwood of any and all medical conditions, medications, or special health needs of the minor Participant that may be relevant to the test drive or to emergency medical treatment. I agree to provide Sherwood with emergency contact information and any relevant medical information prior to the commencement of the test drive. I acknowledge that I am solely responsible for all medical expenses and costs incurred in connection with any injury or illness suffered by the minor Participant during or as a result of the test drive. 9. CONSENT FOR USE OF PICTURES AND VIDEOS I hereby irrevocably permit, authorize, grant and license to the Releasees the right to display, exhibit, reproduce, photograph, video, digitize, edit and otherwise use the Participant’s name, image, likeness, appearance, voice, and all materials created by or on behalf of Sherwood in association with the test drive that incorporate any of the foregoing (the “Materials”) in perpetuity throughout the world in any medium or format whatsoever now existing or hereafter created, including but not limited to, video, audio, print advertisements, still photographs, catalogs, packaging, package inserts, other print publications, electronic media, advertising and promotional materials, any of the Releasee’s websites or social media accounts, the internet and other digital transmission or delivery methods, on any platform and for any purpose, existing now or in the future, including but not limited to, advertising, public relations, publicity, packaging, and promotion of the Releasees and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to the Participant. The Releasees shall be the exclusive owner of all right, title, and interest in and to the Materials, including all copyrights in perpetuity throughout the world. I hereby irrevocably grant, transfer, assign, and otherwise convey to Sherwood my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the world in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I hereby irrevocably waive any and all moral rights in the Materials. I acknowledge and agree that I have no right to review or approve Materials before they are used by any of the Releasees, and that the Releasees have no liability to the Participant for any editing or use of the Materials, or for any presentation of the Participant. Sherwood has no obligation to create or use the Materials or to exercise any rights given by this Agreement. 10. MISCELLANEOUS I confirm that I am signing this Agreement voluntarily and of my own free will, without any coercion, undue influence, or pressure from Sherwood or any other party. I acknowledge that I have been provided with sufficient time and opportunity to read and review this Agreement in its entirety before signing. I understand that I have the right to seek independent legal advice regarding this Agreement. I further acknowledge that Sherwood has offered to provide a full refund of any fees I have paid in connection with the test drive if I choose not to sign this Agreement. This Agreement constitutes the entire agreement of Sherwood and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to my benefit and my heirs and next-of-kin, and Sherwood and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Alberta, and I hereby consent to the exclusive jurisdiction of such courts. 11. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING MY LEGAL RIGHTS, AND THOSE OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN, INCLUDING THE RIGHT TO SUE THE RELEASEES. BY SIGNING BELOW, I HEREBY CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR NAMED BELOW. I HAVE THE LEGAL RIGHT TO CONSENT TO AND, BY SIGNING BELOW, I HEREBY DO CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. Date: June 5, 2026 |
