RELEASE AND WAIVER OF LIABILITY AND PUBLICITY
Puente Hills

I, the below-named person, being above the age of sixteen, desire to participate in an e-bike test ride (the "Activity"), including, without limitation, to ride any e-bike, whether the e-bike is owned by Puente Hills a CA Corporation ("Dealer"), eBliss Global, Inc. ("eBliss", and together with Dealer, each individually referred to herein as "Sponsor"), me, or any other party, or otherwise enter any area where the Activity takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activity. In consideration of being permitted to participate in the Activity and in recognition of the Sponsor's reliance hereon, I hereby agree to all the terms of this Release and Waiver of Liability and Publicity (this "Release and Waiver"), including all the Covenants and Agreements listed in this Release and Waiver ("Covenants and Agreements").

This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations ("Applicable Law"). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between Sponsor and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of CA without giving effect to any choice or conflict of law provision or rule (whether of the State of CA or any other jurisdiction).

PERSONAL INFORMATION

Please fill in the information below:

I HAVE READ THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS), FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING, AND HAVE SIGNED THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.

I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF SPONSOR IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY, INCLUDING, WITHOUT LIMITATION, TO RIDE ANY E-BIKE PROVIDED BY ME, SPONSOR, OR OTHER PARTIES.

SIGN HERE:

COVENANTS AND AGREEMENTS

I hereby irrevocably and unconditionally agree for myself, my personal representatives, spouse, successors and assigns, heirs, and next of kin, as follows:

  • ASSUMPTION OF RISK. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions or negligence of others, including the Sponsor and emergency response and rescue operations, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to accept and assume these risks.
  • RELEASE FROM LIABILITY. I fully and forever waive, release and discharge any and all claims now known or hereafter known, against Sponsor and its respective affiliates, directors, officers, managers, shareholders, employees, agents, and insurers, and all others involved in the Activity (collectively referred to in this Release and Waiver as "Releasees") on account of any injury, disability, death, property damage or other losses directly or indirectly arising out of or in connection with my participation in the Activity, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of Sponsor or any Releasees or otherwise. This Release and Waiver does not extend to claims for intentional torts or any other liabilities that Applicable Law does not permit to be released by agreement.
  • INDEMNITY. I will defend, indemnify, hold harmless, and reimburse Sponsor from and for all damages, losses, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, the costs of enforcing any right to indemnification under this Release and Waiver, and the cost of pursuing any insurance providers, incurred by Sponsor or any other Releasees or paid by them to any person (including me or my insurers) in respect of any accident, injury, disability, death, property damage or other losses, however caused or resulting from, arising out of, or otherwise in connection with my participation in the Activity. I will reimburse Sponsor if anyone makes a claim against Sponsor in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, disability, death, property damage or other losses of me, other parties or property however caused.
  • COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Sponsor or any other Releasees, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of any injury, disability, death, property damage or other losses sustained by me, other parties, or my (or others') property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Sponsor or any other Releasees responsible for any injury, disability, death, property damage or other losses sustained by me, other parties, or my (or others') property in connection with the Activity, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of Sponsor.
  • MEDICAL TREATMENT. I hereby consent to receive medical treatment that may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Activity. I understand that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Sponsor and the other Releasees from any claim based on such treatment or other medical services.
  • REPRESENTATIONS. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.
  • COVENANTS. I will follow any and all instructions, recommendations, and cautions of Sponsor at all times during the Activity, including, without limitation, in respect of my participation in the Activity. I will comply with all Applicable Laws while participating in the Activity. I will operate all e-bikes at the Activity in a safe manner and will observe all traffic laws. I will not operate any e-bike at the Activity while under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug that, in each case, could impair my ability to operate an e-bike. I agree to wear a helmet which satisfies the requirements of the United States Consumer Product Safety Commission and that can protect against serious head injury, whether owned by Sponsor, me, or any other party.
  • PUBLICITY. I hereby irrevocably permit, authorize, grant, and license Sponsor and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use, my name, image, likeness, appearance, voice, and all materials created by or on behalf of Company that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Company and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me. Company shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to Company 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 universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by Company, and that Company has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Company's editing, alteration, or use of the Materials, or Company's presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by Company in Company's sole discretion. Company has no obligation to create or use the Materials or to exercise any rights given by this Agreement. To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Publicity Claims"), arising directly or indirectly from the Authorized Persons' exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of Company or any other person, and I hereby covenant not to make or bring any such Publicity Claims against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Publicity Claims. I understand that Company is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified in whole or in part.
RELEASE AND WAIVER OF LIABILITY AND PUBLICITY
Puente Hills

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