TEST RIDE AGREEMENT FOR PERSONAL MOBILITY PRODUCTS
PARTIES
This Test Ride Agreement (“Agreement”) is entered into as of by and between: North Shore Bikes, LLC d/b/a Shorewood Bikes, a Wisconsin limited liability company, having its mailing address at 6969 N Port Washington Rd, Suite B150, #301, Glendale, WI 53217 (hereinafter referred to as “Provider”); And , an individual residing at (hereinafter referred to as “Rider”).
Provider and Rider may be collectively referred to herein as the “Parties” or individually as a “Party.”
RECITALS
WHEREAS, Provider is engaged in the business of retailing, servicing, and demonstrating personal mobility devices, including bicycles, electric bicycles (“e-bikes”), electric tricycles (“e-trikes”), strollers, and other related equipment (collectively “Cycles”);
WHEREAS, Rider desires to participate in a test ride of one or more Cycles owned or controlled by Provider for the purpose of evaluation, demonstration, or trial use only;
WHEREAS, Provider agrees to permit such Test Ride subject to Rider’s assent to the terms and conditions set forth herein, which allocate risk, disclaim warranties, limit liability, and provide indemnification protections;
NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties, and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1 – DEFINITIONS
1.1 “Agreement” means this Test Ride Agreement, including all exhibits, schedules, addenda, and amendments incorporated herein.
1.2 “Cycle(s)” means bicycles, electric bicycles, electric tricycles, strollers, and other personal mobility devices offered by Provider for test ride.
1.3 “Provider” means North Shore Bikes, LLC d/b/a Shorewood Bikes, its officers, directors, employees, agents, affiliates, successors, and assigns.
1.4 “Rider” means the individual executing this Agreement and participating in the Test Ride.
1.5 “Test Ride” means the temporary, non-transferrable operation or use of a Cycle by Rider solely for evaluation, demonstration, or trial purposes in accordance with this Agreement.
1.6 “Released Parties” means Provider and its officers, directors, employees, agents, affiliates, successors, and assigns.
1.7 “Safety Equipment” means all protective gear required by Provider, including helmets and any other gear designed to minimize injury.
1.8 “Applicable Law” means all relevant federal, state, and local laws, regulations, ordinances, and codes applicable to the use of Cycles and the Test Ride.
1.9 “Indemnified Claims” means all claims, losses, damages, liabilities, demands, suits, costs, and expenses, including attorneys’ fees and litigation costs, subject to Rider’s indemnification obligations herein.
1.10 “Force Majeure” means any event beyond the reasonable control of a Party including, but not limited to, natural disasters, acts of God, war, terrorism, civil unrest, governmental actions, or failure of suppliers.
ARTICLE 2 – TEST RIDE AUTHORIZATION AND LIMITATIONS
2.1 Provider hereby grants Rider a limited, revocable, non-exclusive license to operate the designated Cycle(s) solely for Test Ride purposes and subject to all terms herein.
2.2 Rider acknowledges that the Test Ride is temporary and that no ownership, title, or security interest in the Cycle(s) is conveyed.
2.3 Provider reserves the right to impose reasonable restrictions on the route, duration, and conditions of the Test Ride.
2.4 Provider may terminate Rider’s Test Ride privileges immediately for violation of this Agreement or safety concerns.
ARTICLE 3 – ACKNOWLEDGMENT AND ASSUMPTION OF RISK
3.1 Rider acknowledges that electric and motor-assisted Cycles possess unique risks due to increased weight, speed, and mechanical complexity compared to conventional bicycles.
3.2 Rider voluntarily assumes all risks inherent in the Test Ride, including but not limited to bodily injury, property damage, death, and third-party claims arising from operator error, equipment malfunction, road or terrain conditions, or environmental factors.
3.3 Rider understands that participation is inherently dangerous and agrees to assume all such risks without recourse against Provider.
ARTICLE 4 – SAFETY EQUIPMENT AND OPERATIONAL REQUIREMENTS
4.1 Rider shall wear all Safety Equipment required by Provider at all times during the Test Ride, including a properly fitted and secured helmet.
4.2 Rider warrants that Rider is physically and mentally fit, legally competent, and capable of safely operating the Cycle, will operate the Cycle responsibly and unimpaired, and will follow all instructions provided by Provider.
4.3 Rider agrees to comply strictly with all Applicable Law and Provider’s instructions and to operate the Cycle in a safe, prudent, and lawful manner.
4.4 Provider reserves the right to immediately terminate the Test Ride upon observing Rider’s non-compliance or unsafe conduct.
ARTICLE 5 – RELEASE AND WAIVER
5.1 Rider, on behalf of themselves, their heirs, executors, administrators, personal representatives, successors, and assigns, hereby irrevocably, unconditionally, and forever releases, waives, discharges, and covenants not to sue Provider, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses whatsoever, including reasonable attorneys’ fees and court costs, arising out of or in connection with Rider’s participation in the Test Ride.
5.2 This release and waiver expressly includes, without limitation, any and all claims for personal injury, bodily harm, disability, death, property damage, or economic loss, whether caused by the negligence (active or passive), strict liability, breach of contract, breach of warranty, or other legal theory of any Released Party, to the fullest extent permitted by applicable law.
5.3 Rider acknowledges that this release and waiver is a material inducement for Provider’s consent to permit the Test Ride and agrees that it shall be interpreted broadly to effectuate a full and final release of liability to the maximum extent permitted by law.
ARTICLE 6 – INDEMNIFICATION
6.1 Rider shall indemnify, defend (with counsel reasonably acceptable to Provider), and hold harmless the Released Parties, including Provider and its officers, directors, employees, agents, affiliates, successors, and assigns, from and against any and all claims, demands, causes of action, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys’ fees and costs of litigation, arising out of or in connection with Rider’s participation in the Test Ride, including, without limitation, any claims resulting from Rider’s acts, omissions, negligence, recklessness, or willful misconduct, as well as claims brought by third parties.
6.2 The indemnity obligations herein shall survive the termination, expiration, or rescission of this Agreement and shall remain in full force and effect until all claims subject thereto are fully and finally resolved.
ARTICLE 7 – INSURANCE AND FINANCIAL RESPONSIBILITY
7.1 Rider expressly acknowledges and agrees that Provider neither provides nor maintains any form of insurance coverage, including but not limited to liability, medical, personal injury, property damage, or accident insurance, in connection with Rider’s participation in the Test Ride.
7.2 Rider assumes full responsibility for securing and maintaining any insurance coverage deemed necessary or appropriate by Rider to cover any risks associated with the Test Ride, including personal health and liability insurance.
7.3 Rider further agrees to bear sole financial responsibility for any and all injury, loss, damage, or liability arising from Rider’s participation in the Test Ride, regardless of cause or fault.
ARTICLE 8 – DAMAGE TO CYCLE
8.1 Rider shall be liable for and agrees to promptly compensate Provider for any and all damage to the Cycle(s) incurred during the Test Ride, except for reasonable wear and tear arising from proper use.
8.2 Provider shall provide Rider with a detailed written estimate of repair or replacement costs for any such damage. Rider agrees to reimburse Provider for such costs within thirty (30) calendar days of receipt of the estimate or invoice.
8.3 Failure by Rider to timely remit payment for damages shall constitute a material breach of this Agreement, entitling Provider to pursue all remedies available at law or in equity, including collection actions and the recovery of attorney fees and costs.
ARTICLE 9 – TERMINATION AND SUSPENSION
9.1 Provider reserves the unconditional right, in its sole discretion and without prior notice, to terminate or suspend Rider’s privilege to participate in the Test Ride at any time, for any reason, including but not limited to Rider’s breach of any term of this Agreement, unsafe operation, or non-compliance with Provider’s instructions or Applicable Law.
9.2 Upon termination or suspension, Rider shall immediately cease all use of the Cycle(s) and return all related equipment, accessories, and Safety Equipment to Provider in good condition, reasonable wear and tear excepted.
9.3 Non-compliance with this provision shall constitute a material breach and entitle Provider to pursue all available legal remedies.
ARTICLE 10 – FORCE MAJEURE
10.1 Neither Party shall be liable or deemed in default for any delay or failure in performance under this Agreement arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, floods, war, terrorism, riots, labor disputes, governmental actions, epidemics, or other unforeseeable events (“Force Majeure Events”).
10.2 The affected Party shall promptly notify the other Party in writing of the occurrence of a Force Majeure Event and shall use commercially reasonable efforts to mitigate the effects and resume performance as soon as practicable.
ARTICLE 11 – GOVERNING LAW AND JURISDICTION
11.1 This Agreement shall be governed by and construed exclusively in accordance with the substantive laws of the State of Wisconsin, without regard to any conflicts of law provisions.
11.2 The Parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located within Milwaukee County, Wisconsin, for the adjudication of any disputes, controversies, or claims arising out of or related to this Agreement.
11.3 The Parties expressly waive any objections to venue or jurisdiction in such courts, including but not limited to claims of inconvenient forum, lack of personal jurisdiction, or forum non conveniens.
ARTICLE 12 – SEVERABILITY AND ENTIRE AGREEMENT
12.1 If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed and the remainder of the Agreement shall remain in full force and effect to the fullest extent permitted by law.
12.2 This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter herein and supersedes all prior negotiations, agreements, and representations, whether oral or written.
12.3 No waiver, amendment, or modification of this Agreement shall be valid unless in writing and signed by authorized representatives of both Parties.
TEST RIDE AGREEMENT FOR PERSONAL MOBILITY PRODUCTS 07.2025 | North Shore Bikes, LLC d/b/a Shorewood Bikes