Release of Liability
By participating to the 2025 vehicle demo activity sponsored by Piaggio Group Americas, Inc. (the “Activity”) I expressly recognize, understand, acknowledge and agree the following:
- The Activity can be physically demanding and carry with it certain inherent risk that cannot be eliminated regardless of the care taken to avoid injuries;
- The specific risk varies, and the risk can range from 1) minor injuries such as bruises and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, hear attacks, and concussion to 3) catastrophic injuries including paralysis and death;
- I am physically able to participate in the Activity and I don’t have any disabilities, impairment, or prior injuries that would prevent my participation to Activity or potentially lead to my injury or to the injury of other participants;
- I agree to exercise extreme caution and safety in the display, transport and any maneuvering of the motorcycle and/or scooter;
- I certify that I am not under the influence of any narcotic, alcohol or other drug that may impair my understanding or judgement and that I will not at any time during the Activity operate the any motorcycles and/or scooters under the influence of any narcotic, alcohol or drug.
- I certify that I have adequate insurance to cover all medical claims, the motorcycle and any other equipment and any damage or liability I may ultimately be found responsible for, during all travel to the point of my entry into the Activity, the Activity, the period between the end of the Activity, and my return to final destination;
- In the event that a need for emergency medical service arises, I authorize and consent to such service being provided and assume the cost thereof;
- I certify that I have a valid and current U.S. and/or Canadian motorcycle license and that the motorcycle and/or scooter I will use is insured according to any applicable law; I further certify that I am licensed and competent to operate a motorcycle in a safe manner and my license has all motorcycle endorsements or certificates requires by my state of residence.
- The Activity requires the use and wearing of the following protective equipment, but not limited to: full face DOT helmet, gauntlet gloves, a leather suit (or leather two-piece that zips together), over ankle boots. I recognize and assume all responsibility for utilizing the mandatory fitted protective equipment and agree to wear this protective equipment at all the times while participating in the Activity;
- My participation to the Activity is voluntary and is at my own risk;
- The participation to the Activity is restricted to individuals of or above 21 (twenty-one) years old.
- I acknowledge that this Assumption of Risk and Waiver Liability will be used by Piaggio Group Americas, Inc. legal representatives, and that it will govern my actions and responsibilities for the period that I will be using the motorcycle.
I AM AWARE THAT THE USE AND/OR OPERATION OF MOTORCYCLES AND SCOOTERS IS A HAZARDOUS ACTIVITY. I AM VOLUNTARILY USING A MOTORCYCLE OR SCOOTER THAT IS OWNED BY PIAGGIO GROUP AMERICAS, INC. WITH KNOWLEDGE OF THE DANGER INVOLVED. I EXPRESSLY AGREE THAT MY USE AND/OR OPERATION OF THE MOTORCYCLE IS AT MY SOLE RISK. I EXPRESSLY AGREE TO ASSUME AND ACCEPT ANY AND ALL RISKS FROM THE USE AND/OR OPERATION OF ANY OF THE VEHICLES INCLUDING, BUT NOT LIMITED TO, RISKS OF INJURY OR DEATH.
Notwithstanding to the above risk, which I recognize, understand and accept, and in consideration of being permitted to participate in any way in the Activity, I for myself, my heirs, personal representatives or assigns, do hereby waive, release and discharge Piaggio Group Americas, Inc,, its indirect parent Piaggio & C. S.p.A., and all their related companies, trustees, directors, officers, affiliates, employees and agents, from any and all claim for personal injury, accidents or illness (including death), and property damage, arising in any manner out of my participation in the Activity, including transportation to and from the Activity, regardless of whether the injury, damage or death is caused by my negligence or otherwise.
I also agree to indemnify and hold harmless Piaggio Group Americas, Inc., its indirect parent Piaggio & C., and all its related companies, its affiliates, trustees, directors, officers, employees and agents from any and all claims, action, suits, costs, expenses, damages and liability including attorney fees as a result of my participation to the Activity and to the use and misuse of its premises and to my conduct in connection with the Activity and my violation of any third-party rights.
The undersigned further expressly agrees that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as it is permitted by the applicable laws and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The provisions herein included will continue in full force and effect even after the termination of the Activity.
I HAVE CAREFULLY READ THE PREVIOUS PARAGRAPHS, AND I FULLY UNDERSTAND THEIR CONTENTS AND AGREE TO THEIR TERMS. I FURTHER ACKNOWLEDGE THAT THE RISKS STATED HEREIN ARE NOT INTENDED TO BE ALL INCLUSIVE AND THAT MY PARTICIPATION IS VOLUNTARY AND THAT I KNOWINGLY AND VOLUNTARY ASSUME ALL RISKS KNOWN OR UNKNOWN. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND PIAGGIO GROUP AMERICAS, INC. PIAGGIO & S.P.A., AND SIGN IT OF MY OWN FREE WILL.
VEHICLE USE AGREEMENT
This Vehicle Use Agreement is entered into on (the date of submission) between Piaggio Group Americas, Inc., a Delaware corporation with its principal place of business in New York, NY (“PGA”) and the individual registered for this event.
PGA agrees to loan the vehicle selected by the individual registered for this event (the “Vehicle”) to User and User agrees to use the Vehicle upon the terms and conditions set forth in this agreement.
Recitals [A] Piaggio Group Americas, Inc. (“PGA”), its affiliated and related companies, and all other members of the Piaggio Group of Companies ("Affiliates") are in the business of, among other things, designing, developing, manufacturing, marketing and distributing scooters and other two-wheeled vehicles and other equipment, devices, parts and accessories for such vehicles. [B] User desires to utilize such vehicles and related equipment and materials from PGA for the uses set forth herein below; [C] PGA is willing to grant such desired use by providing certain vehicles and other materials to User pursuant to the terms and conditions set forth hereafter. [D] The parties hereto desire to enter into this Agreement to establish the Vehicle (as defined herein below) use grant parameters, Now, Therefore, in consideration of the mutual promises and covenants herein, the sufficiency of which is hereby acknowledged, the parties agree hereto as follows:
Terms and Conditions Use of Vehicle. [A] User shall cause all riders of the Vehicle to execute the release attached hereto as Exhibit B-2 and submit an executed copy of such a document before PGA or its assigned representatives deliver the Vehicle. The PGA vehicle and related equipment and materials (as applicable) set forth on Exhibit "A", which is fully incorporated herein by reference, are collectively referred to as the “Vehicle". The User agrees that the Vehicle shall be used solely for the purposes expressly set forth herein. Shipping and delivery of the Vehicle shall be at User's sole expense, unless otherwise expressly agreed by PGA. [B] At all times during the term of this Agreement, PGA shall retain all right, title and interest in and to the Vehicle. Upon termination of this agreement for whatever reason, PGA will take possession of the Vehicle provided under this Agreement and User shall return it to PGA. User shall be responsible for any costs associated with return of the Vehicle. [C] User agrees to maintain the Vehicle in good condition and follow use, care and handling instructions (including User's manuals and safety instruction), provided by PGA upon delivery of the Vehicle, and related thereto. User agrees that it will contact PGA in the event that any repair, significant adjustment or modification to the Vehicle is required and that only, PGA technical personnel will be permitted to service the vehicle. User further agrees that it will not alter (except as expressly provided herein), modify, deface, or perform any repairs to the Vehicle, nor will User permit any non¬-PGA approved service personnel to perform repairs of or to the Vehicle. PGA will provide repair services to User to the extent available to members of the public purchasing its vehicles. Any and all repairs to the Vehicle required due to failure of the Vehicle or normal wear and tear (unless covered by the Vehicle Warranty), will be provided by PGA and billed to and paid for by User. For repairs or replacement of Vehicle required due to [i] misuse, [ii] improper, negligent, or wrongful use, or [iii] use inconsistent with this Agreement or any instructions provided with the Vehicle by PGA all costs will be at User's sole expense, and no warranties shall apply. [D] User hereby assumes all risk of loss or damage to the vehicle and shall reimburse PGA for damage or loss of Vehicle if such damage to the vehicle is caused by, [i] misuse of the Vehicle, [ii] improper, negligent or wrongful use of the Vehicle, [iii] use of the Vehicle inconsistent with this Agreement or the instructions provided by PGA, [iv] the willful or wanton misconduct of User, or [v] the negligence of User. If Vehicle is damaged beyond economically reasonable repair, destroyed or lost, PGA will invoice User the then-current MSRP of the vehicle and User will remit payment to PGA within thirty (30) days of receipt of invoice. User may thereafter retain possession of such irreparable or destroyed vehicle. PGA may provide a replacement Vehicle, as appropriate and reasonably available, subject to the terms of this Agreement. [E] During the term of this agreement, PGA shall also maintain insurance customary, as appropriate (in the reasonable discretion of PGA), for the Vehicle use contemplated by this agreement, including but not limited to, property and liability insurance. [F] User shall be responsible for any charges from third parties stemming from the utilization of the Vehicle, including, but not limited to, all sales taxes, use taxes, personal property taxes and assessments and any and all other similar assessments, taxes or charges imposed on the Vehicle while in the User’s control.
Additional Obligations and Undertakings of User. In addition to all other obligations of User set forth in this agreement, User will, during the term of this Agreement, perform the obligations and undertakings set forth on Exhibits "B-1'' and “B-2” attached hereto, and fully incorporate herein by this reference.
Term and Termination. [A] The term of this Agreement shall be for the period set forth in Exhibit “C” attached hereto. The term of this agreement may be extended upon written agreement of both of parties hereto. [B] PGA shall have the right to earlier terminate this Agreement effective as of the date of notice (unless otherwise indicated in such notice) following written notice to User, as provided herein below, with or without cause.
Relationship of Parties. It is understood that, in the performance of this agreement, User and its employees (if any) are not acting as employees, agents, or legal representatives of PGA, nor are PGA and its employees acting as employees, agents or legal representatives of User for any purpose whatsoever. Neither party is granted any expressed or implied right or authority by the other party to assume or create any obligation or responsibility on behalf of the other party, or to bind the other party in any manner or thing whatsoever.
Use of Name. Unless otherwise required by law, each party agrees not to use or refer to in any written public statement the name, trademark, logo, symbol, or other image of the other party or that party's employees or agents, except in connection with the special purposes of this Agreement, without the other party's written permission (except as provided in this Agreement). Appropriate copyright notices will be provided by User pursuant to the specific use set forth for User hereunder. Without further consent, PGA may reference that PGA has provided to User, and/or that User uses, PGA s' products.
Compliance with Law. The parties shall comply with all applicable federal, state and local laws, regulations, ordinances and orders with respect to the performance of their respective obligations under this Agreement.
Indemnification. Each party agrees to defend indemnify and hold the other party, (including officers, directors, agents, employees and affiliated and related parties) harmless from and against any and all claims, demands, causes of action and lawsuits and all damages, liabilities, fines, judgements, costs (including attorney’s fees) and expenses arising out of: (1) the failure of either party to comply with the terms and conditions of this Agreement; and (2) to the fullest extent permitted by applicable law, the negligent acts or omissions of either party in connection with this Agreement or the use of the Vehicle as set forth herein, excluding only liability created by the indemnities sole and exclusive negligence. User also agrees to defend and indemnify and hold PGA (including its officers, directors, agents, employees and affiliated and related parties) harmless from and against any and all claims, demands, causes of action and lawsuits and all damages, liabilities, fines, judgments (including attorney’s fees) and expenses arising for the death or bodily injury of any of User’s agents or employees in connection with the use of Vehicle under this agreement.
Notices. Any notice required or permitted by the terms of this Agreement will be given by certified US mail, prepaid and properly addressed, or delivered by hand or by other recognized courier to PGA or User at the respective address set forth in Exhibit “D” attached hereto or at such other address as either party hereto may designate by notice pursuant hereto. If mailed, any such notice will be deemed to have been given within three days of mailing, and if delivered by hand or courier, when received. Notice by facsimile is deemed to be given on the next business day and is to be confirmed by regular mail dispatched at the time of sending the facsimile.
Entire Agreement. This Agreement and the Exhibits attached hereto constitute the entire agreement between the parties hereto with regard to the subject matter of this Agreement, there being no prior written or oral promised or representations not incorporated herein with respect to such matters.
Modifications. With the exception of amendments made pursuant to section “Use of Vehicle (D)" herein, no other waiver, amendment modification of any provision of this agreement shall be effective unless in writing and executed by the party against whom such waiver, amendment or modification is sought to be enforced.
Waiver. No failure or delay by either party, in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right or other right, power or remedy.
Choice of Law. This, Agreement shall in all respects be interpreted and construed in accordance with the laws of the State of New York applicable to contracts made and to be performed in that state. Venue shall be exclusively in state courts in the State of New York. If any provision of this Agreement is held invalid by any law or regulation of any state or by the final determination of any court of competent jurisdiction, such invalidly shall not affect the enforceability of any other provision, not held invalid.
Survival of Terms. The agreements, representations, warranties, covenants, duties and obligations of the parties, as set forth in this Agreement, by which their terms, or to the extent consistent with the intent and the purpose of this Agreement, shall extend beyond the term of this Agreement, and shall survive the termination of or expiration of the term of this Agreement.
Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that neither party shall have the right to transfer of assign its interest in the Agreement (or any rights, benefits or obligations arising thereunder) without the prior written authorization of the other party. Notwithstanding the foregoing, it is acknowledged that PGA may designate one or more of its Affiliates, dealer, or other relate entities to perform some of its duties or undertakings (e.g. repairs, replacements, warranty claims, etc.) under this Agreement.
Recitals; Captions; Counterparts. The Recitals form a part of this Agreement. Titles or captions used in this agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend or reduce the scope of this Agreement or the intent of any provision hereof. This Agreement may be executed in any number of counterparts, all of which shall for all purposes constitute one Agreement, binding upon the parties hereto. Each of the parties need not sign each counterpart, so long as each of the parties have signed at least one counterpart hereof.
In Witness Whereof, the parties hereto have entered into this Agreement as of the Effective Date.
VOLUNTARY PARTICIPATION
By participating to the Industry Loan activities sponsored by PGA (the “Activity”) on the dates provided above I expressly recognize, understand, acknowledge and agree that I have voluntarily applied to participate in the display, transport, or use and/or operation of the vehicle(s) indicated herein. I agree to exercise extreme caution and safety in these aforementioned activities.
ASSUMPTION OF RISK
I am aware that the use and/or operation of motor scooters/cycles is a hazardous activity I am voluntarily participating in these activities with the knowledge of the danger involved. I expressly agree that my use and/or operation of the vehicle is at my sole risk. I expressly agree to assume and accept any and all risk from the used and/or operation of any motor scooters/cycles including, but not limited, to, risks of injury or death.
I understand that it is the responsibility of the releasor to provide for the safety and well-being of all parties with respect to releasor’s transport or operation of the vehicle. Releasor is responsible for all damage to vehicles while in releasor’s possession.
RELEASE
It is further expressly agreed that PGA Piaggio & C. S.p.A., their officers, representatives, employees, and agents, including, but not limited to, any affiliated undersigned’s assignees, heirs, distributes, guardians, and legal representatives, are not liable for any Claims arising out of or connected with the use and/or operation of any PGA vehicles. The undersigned does hereby expressly forever release and discharge PGA and Piaggio & C. S.p.A. (and its related companies) from any and all claims, demands, injuries, damages, actions or causes of action, and from all acts of active or passive negligence on the part of PGA or Piaggio & C. S.p.A. (“Claims”).
I understand and agree that, in compliance with any judicial decision, statute or ordinance, which requires release of unknown claims or benefits, that this agreement and release from liability includes a release of unknown claims, and I expressly waive and relinquish any and all claims, right or benefits that I may have, which are unknown at the time of execution of this agreement and release from liability except as otherwise provided herein.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read this agreement and fully understand its contents and agree to its terms. I am aware that this is a release of liability and a contract between myself and PGA, Piaggio & C. S.p.A., and/or its affiliated organizations and sign if of my own free will.
Media and Publicity Release
In consideration of being allowed to participate in the Industry Loan activities (hereinafter collectively referred to as the “Activity”) sponsored by Piaggio Group Americas, Inc. (hereinafter "PGA"). For purposes of this release PGA shall also include all of the companies which are part directly or indirectly of the international PIAGGIO Group. I hereby grant PGA the permission to use my name, likeness, image, voice and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of PGA during or related to the Activity. I understand and agree that PGA shall have complete ownership of any such pictures, videos, etc., including all copyright, and they may use them for any purpose consistent with PGA's mission and objective. These uses include, but are not limited to, illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials now known or later developed, including on the Internet and social media. I acknowledge that I will not receive any compensation, etc. for the use of such pictures, etc., and hereby release PGA, its parent company Piaggio & C. S.p.A., and all related companies, their agents, successors and assigns from any and all claims which may arise out or are in any way connected with such use.
I give consent to PGA to use my name and likeness to promote PGA's products, services, program and/or all of their activities.
