DEFINITIONS. This Agreement is between Archer Motorsports, Inc., dba Archer's Bikes, an Arizona Corporation, owner of described bicycle (hereafter referred to as PROVIDER) and the OPERATOR or OPERATORs listed (hereafter referred to as OPERATOR). The term “Bicycle” shall extend to one or more Bicycles/Tricycle/Quads identified in this Agreement, or replacement Bicycle, and any Equipment made available for use by PROVIDER to the OPERATOR. “Agreement” means all the terms and conditions found in this document.

AGREEMENT. OPERATOR hereby rents from PROVIDER the Bicycle and Equipment described herein for a limited period of time and agrees to the terms and conditions herein. The provisions of this Agreement extend to perpetuity and do not end at the conclusion of the rental. This Agreement shall be governed by the laws in the State of Arizona and shall be binding upon the heirs, successors and assigns of OPERATOR and inure on the benefit of the PROVIDER, its successors and assigns. This is the entire Agreement between PROVIDER and OPERATOR. No changes, inclusions, exclusions or verbal Agreements may be made to modify this Agreement, except for those specifically made in writing, signed and dated by both parties, and made as a formal attachment to this Agreement. In the event of any legal action with respect to this Agreement, PROVIDER shall be entitled to reasonable attorney’s fees and all costs and expenses incurred in pursuit thereof.

ACKNOWLEDGEMENT OF RISK. OPERATOR understands that using a bicycle has inherent risks of injury to the OPERATOR or others. Risks of injury include, but are not limited to, minor bumps and bruises, major injuries or even death and as such, OPERATOR certifies that he/she/they are fully competent and skilled to operate the Bicycle under all conditions. The undersigned hereby acknowledges that riding Bicycles on trails and roads with other like bicycles and riders is a dangerous activity, with a high risk of serious bodily injury or death to OPERATORs, passengers, riders or others. The undersigned and all additional operators, passengers, riders or others hereby personally accept all risks and liabilities of this activity by extension of and to the OPERATOR. It has been explained to the OPERATOR and he/she/they understand that by executing this document he/she/they are giving up important legal rights. It is the OPERATOR’s further intention to give up those rights and in good faith to relieve and release PROVIDER of any duty legally owed to OPERATOR in relation to the conduct of this activity. The undersigned gives permission for PROVIDER to use, and release all rights of ownership, any video footage or photographs to PROVIDER.

LIMITATION OF USE. OPERATOR agrees to use the Bicycle only on designated and approved trails or roads. OPERATOR agrees to use the Bicycle safely at all times, and for the OPERATOR or passengers to wear appropriate safety and protective Equipment, such as a helmet, eye protection and protective clothing, not to operate the Bicycle in areas where prohibited or exposed to unusual danger, and not to operate the Bicycle while under the influence of alcohol or while impaired in any way. OPERATOR agrees to care for the Bicycle at all times, not allow others to use the Bicycle, and to only use the Bicycle for its intended recreational purpose. The Primary OPERATOR, is 18 or older, agrees that only the persons signing or otherwise identified in this Agreement will operate the Bicycle. Should any OPERATOR, any minor child under OPERATOR’s control or any other person with permission of OPERATOR operate Bicycle or Equipment that results in theft, loss of or damage to such Bicycle or Equipment, OPERATOR agrees to be personally liable and financially responsible for all loss of and damage caused to any rented Bicycle or Equipment. OPERATOR also agrees to pay for the loss of use of any Bicycle covered by this Agreement damaged by OPERATOR or other riders, at the rate of $25 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. OPERATOR authorizes PROVIDER to charge credit card account provided as part of this transaction for all rental, damage and loss of use charges incurred under the terms of this Agreement, including insurance deductible (if applicable), along with additional costs and fees to recover such Bicycle and return it PROVIDER’s office address (listed herein). Do not let others ride your rental. OPERATOR is solely responsible for all claims or losses, including third-party claims or losses, during the rental, regardless who caused them.

RESPONSIBILITY FOR LOSS OR DAMAGE. OPERATOR understands and accepts full responsibility for the Retail Value of the Bicycle and will reimburse PROVIDER the full amount, plus rental fees, for damages resulting in a total loss such as: theft, vandalism, confiscation or impoundment, fire, damage by others, crash, whether due to negligence, in whole or in part, by the OPERATOR or others. PROVIDER accepts responsibility for normal wear and tear (such as minor plastic scuffs and normal wear of moving surfaces, dust & dirt, etc.) and maintenance, as a part of the rental fee. OPERATOR accepts responsibility during possession of the Bicycle and Equipment for repairs beyond normal for damage to the Bicycle and Equipment (such as bent rims, dents to the frame, major plastic damage, bent handle bars, pinch-flats, drive train damage, skid-damaged tires, etc.) and will reimburse PROVIDER for damage repairs, but not to exceed the Retail Value, plus rental fees.

WARRANTY AND FITNESS FOR USE. The condition of the Bicycle and Equipment are accepted “As-Is.” OPERATOR has the full responsibility to make note, described herein, of any cosmetic features or mechanical flaws, prior to possession and accepts its physical condition upon possession. Furthermore, PROVIDER makes no express or implied warranty, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any Bicycle and Equipment covered by this Agreement, or guarantee for the condition of the Bicycle and Equipment, its performance or reliability, whether rented or purchased, for Period of Rental and beyond. PROVIDER makes no guarantee to OPERATOR or other’s for satisfaction with the rental.

INDEMNIFICATION. To the fullest extent permitted by law, OPERATOR shall defend (by counsel reasonably acceptable to PROVIDER), indemnify and hold harmless PROVIDER, its officers, directors, employees, agents, customers, affiliates, from and against any and all claims for damages (including for breach of this agreement) or bodily injury, sickness, disease, or death or damage to personal property or real property, and any losses and expenses, including but not limited to attorney’s fees, arising from or caused in whole or in part, directly or Indirectly, from the rental, use and/or operation, condition or possession of the Bicycle and/or equipment obtained from PROVIDER, or any act or omission of, or equipment provided by OPERATOR, additional OPERATORs, guests of OPERATOR or anyone under OPERATOR’s control. This provision shall survive completion of the Rental and the term of this Agreement. PROVIDER shall not be liable for, nor shall OPERATOR make claim for, consequential, incidental or special damages, or for loss of wages, profits or revenues resulting from the failure of PROVIDER to perform as detailed in this agreement.

COVENENT NOT TO SUE. OPERATOR agrees and covenant on behalf of: self, children and any minor for whom OPERATOR is a guardian, will never directly or indirectly institute any legal, equitable, administrative or other action, complaint, or proceeding against PROVIDER or any shareholder; director, officer, employee, agents successors and assign thereof, or in any manner assert any further claim or demand against PROVIDER and its shareholders, directors, Officers, employees, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use, and/or operation of the Bicycle or Equipment received and/or obtained from PROVIDER. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that OPERATOR does not presently anticipate, know or suspect to exist, but that may develop, accrue, or be discovered in the future.

LIMITATION OF LIABILITY. In no event shall the liability of the PROVIDER with respect to any contract or Agreement, or anything done in connection therewith, exceed the Agreed Value of the Bicycle upon which such liability is based. In no event shall PROVIDER be liable for any damage for performance under this agreement in any amount exceeding the total compensation provided to PROVIDER under this agreement. OPERATOR’s sole remedy for any dispute is limited to the rental fee.

PARENTAL CONSENT. OPERATOR is the parent or legal guardian of any minor passenger(s) and gives consent for such minor(s) to be passengers on the Bicycle. All persons operating the rented Bicycle(s) must be over the age of 18.

SEVERABILITY. Any provision found to be invalid shall not invalidate the remainder hereof.

repossession. This is a contract for the rental of the Bicycle and/or Equipment. PROVIDER may repossess the Bicycle and/or Equipment at OPERATOR’s expense without notice to OPERATOR, if the Bicycle is abandoned or used in violation of law or in violation of this Agreement.

Condition and Return of Bicycle. OPERATOR must return the Bicycle and Equipment to PROVIDER’s rental office or other location specified, on the date and time stated in this Agreement, and in the same condition that OPERATOR received it except for ordinary wear. If the Bicycle and Equipment are returned after closing hours, OPERATOR remains responsible for the loss of, and any damage to, the Bicycle and Equipment until PROVIDER inspects it upon our next opening for business. Service to the Bicycle or replacement of parts or accessories during the rental must have PROVIDER’s prior approval. OPERATOR must check and maintain the fitness of the bicycle for its intended use.

Responsibility for Bicycle Damage or loss. OPERATOR is responsible for all damage to the Bicycle and Equipment, including damage caused by weather, acts of god or terrain conditions. OPERATOR is responsible for the cost of repair, or the Retail Value of the Bicycle and Equipment on the date of the loss, if the Bicycle and Equipment are not repairable or if PROVIDER elects not to repair Bicycle and Equipment, even if OPERATOR is or is not at fault. OPERATOR is responsible for theft of the Bicycle and Equipment, loss of use, diminished value of the Bicycle and Equipment caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not OPERATOR is at fault. OPERATOR must report accidents or incidents of theft and vandalism to PROVIDER and the police as soon as discovered.

Insurance responsibility. PROVIDER is not an insurer, maintains no insurance coverage for the Bicycle on or in behalf of the OPERATOR, for damages or claims of any kind. PROVIDER strongly urges OPERATOR and/or other operators/passengers/riders to have appropriate and adequate insurance prior to engaging in this activity. PROVIDER does not provide medical insurance and advises that serious injuries can be financially devastating. OPERATOR is responsible for all damage or loss OPERATOR may cause to others. OPERATOR’S insurance is primary to any insurance that PROVIDER may provide. If PROVIDER is required by law to provide liability insurance, PROVIDER will obtain a liability insurance policy that is excess to any other available and collectable insurance whether primary, excess or contingent, the Policy will provide liability coverage with limits no higher than the minimum financial amounts required by the law of the state whose laws apply to the loss. OPERATOR waives any and all rights to subrogation. If OPERATOR purchases theft/damage insurance, OPERATOR agrees to work diligently to satisfy any claims. All OPERATORs agree to waive his/her/their rights of subrogation in the event of an insurance claim. OPERATOR agrees to pay any deductibles and to make PROVIDER whole within a reasonable time, regardless of the length of the claims process between OPERATOR and insurer.

AGREED RETAIL VALUE. OPERATOR agrees to the Retail Value of the rented bicycle, as stated on this form and to pay 50% of current retail value of any lost or damaged rental Equipment.

Safety Equipment. OPERATOR agrees to supervise additional OPERATORs and any person(s) using rented bicycles or equipment, or riding in or on rented bicycle and will ensure that others use safety equipment and use it properly. Furthermore, OPERATOR agrees that no safety equipment can replace prudent and safe behavior, by him/herself or others, and that the use of safety equipment is no guarantee to prevent injury. PROVIDER makes no warranty, claim or guarantee for quality, fitness for any particular purpose, or condition of any safety equipment. OPERATOR, additional OPERATORs, and any person(s) using rented bicycles or equipment under OPERATOR’s control, accept safety equipment As-Is and use it at their own risk, regardless of condition. As such, OPERATOR accepts full responsibility for the safety of him/herself and others at all times.

OTHER Charges and/or FINES. OPERATOR will pay PROVIDER or the appropriate government authorities on demand all Charges due PROVIDER under this Agreement, including: (a) time and mileage for the period during that OPERATOR keeps the Bicycle and Equipment, (b) charges for additional days/hours the bike is overdue; (c) optional products and services purchased; (d) applicable taxes; (e) any and all parking, traffic and toll fines or penalties, forfeitures, court costs, storage and impound charges and other expenses involving the Bicycle assessed against PROVIDER or the Bicycle; if OPERATOR fails to pay the charging authority for parking or toll violations, OPERATOR agrees to pay PROVIDER for those charges, plus our administrative fee of $50 for each such violation; (f) all expenses incurred in locating and recovering the Bicycle if OPERATOR fails to return it or if PROVIDER elects to repossess the Bicycle under the terms of this Agreement; (g) all costs including pre- and post-judgment attorney fees PROVIDER incurs collecting payment from OPERATOR or otherwise enforcing PROVIDER’s rights under this Agreement; (h) a 2% per month late payment fee or the maximum allowed by law, on all amounts past due, (i) $50 or the maximum amount permitted by Law, whichever is greater, if OPERATOR pays with a check returned unpaid for any reason, (j) all credit card reversals are subject to a $20 administration fee, (l) a reasonable fee, not to exceed $35, to clean Bicycle if returned substantially less clean than when rented (such as heavy mud or accumulated dirt). There will be a minimum $150.00 charge for recovery and retrieval of any Bicycle.

LATE FEE. A late fee will apply to any bicycle or equipment returned more than ½ hour after agreed return time, per day, when the Bicycle and/or Equipment are late. The late fee will be based on the regular 24-hour daily rental charge, per day, as applicable.

Security deposit. We may use your security deposit against any amounts owed to us under this Agreement.

Operator’s Property. OPERATOR releases PROVIDER, agents and employees from all claims for loss or damage to OPERATOR’s personal property or that of any other person, that PROVIDER received, handled or stored, or that was left or stored in or on the Bicycle or in PROVIDER’s offices, whether or not the loss or damage, was caused by PROVIDER, agents and employees or was otherwise PROVIDER’s responsibility.

Breach of Agreement.  The acts listed under Collision Damage Waiver are prohibited uses of the Bicycle and breaches of this Agreement. OPERATOR waives all recourse against PROVIDER for any criminal reports or prosecutions that PROVIDER may take against OPERATOR that arise out of OPERATOR’s breach of this Agreement.