Terms and Conditions Rental Agreement

RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS

READ CAREFULLY BEFORE SIGNING

WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT AND CONSENT FOR MEDICAL TREATMENT.

OZ SUSPENSION SOLUTIONS (“OSS”) MOUNTAIN BIKE TOUR, LESSON AND EQUIPMENT RENTAL

The participant identified below, who is at least 18 years old (the “Adult”) has read this agreement and has signed it, or if participant is younger than 18

(“Minor”), the Minor’s parent or legal guardian (the “Adult”), has read this agreement and signed it on behalf of him/herself and the Minor. The Adult or the Minor

participant and the Minor’s parent or legal guardian collectively, will be referred to herein as the “Undersigned”. “Participant” refers to the person actually taking part

in mountain bike riding, including mountain bike tour, lesson, or bike rental or any other use of the facilities or services (collectively the “Activity”).

The Undersigned understand and agree that Participant will not be permitted to take part in an Activity unless this Warning, Assumption of Risk,

Release of Liability, and Indemnity Agreement and Consent for Medical Treatment (“Agreement”) is fully executed.

UNDERSIGNED UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY UNTIL

UNDERSIGNED REVOKE IT IN WRITING AND THAT WRITING IS ACCEPTED IN A WRITING SIGNED BY THE OSS AUTHORIZED REPRESENTATIVE.

THE PERSON SIGING BELOW ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT BY SIGNING THIS AGREEMENT FOR HIM/HER SELF AND, IF

APPLICABLE, ON BEHALF OF MINOR, HE/SHE IS ASSUMING RISKS, WAIVING RIGHTS AND RELEASING CLAIMS IN ADDITION TO THOSE ADDRESSED

BY ARKANSAS LAW.

Undersigned understand and agree that the Activity in which Participant will be engaged involves risks, known or unknown, inherent or otherwise, and that some of

which are described herein. Undersigned understand and agree that the Activity involves strenuous physical activity that may be hazardous to some people due to

their physical condition and that outdoor activities, involve dangers and risks that can lead to serious injury and death. Such dangers and risks include, without

limitation, becoming lost or disoriented, rapidly changing weather conditions, exposure to the sun, rain, snow, hail and lightning, hypothermia, dangers caused

by other persons engaged in similar activities, the possible occurrence of landslides and flooding, skin irritations and illness due to plants, wildlife encounters,

falling trees and limbs and increased heat due to high humidity.

MOUNTAIN BIKING IS A DANGEROUS AND HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY OR DEATH. Mountain biking is different than

road biking, and may be more dangerous than road biking in that it is done on partially improved and unimproved trails and roads, as well as on naturally rugged

terrain. Mountain biking involves risks, including, but not limited to, steep slopes, rocks of various sizes, trees, roots, tree stumps, cliffs, rock drops, holes and

potholes, depressions, streams and creeks, dirt features and other constructed features such as bridges, ramps, ladders, bumps, berms, jumps and drops,

wallrides, elevated stunts, uneven and/or slippery trail conditions, varying slopes, variations in terrain, forest growth, loose gravel and dirt, wet surfaces, downed

timber, debris, collisions, other riders, hikers and pedestrians, heavy equipment and vehicles. Trail conditions and features may change quickly due to weather,

use and other factors. Undersigned understand and agree that there are risks involved in decision-making and conduct of the OSS’s employees involved

with the Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by OSS personnel, the risks

associated with decisions made by OSS personnel to open and/or close terrain, and the risk that an instructor/coach/guide may misjudge weather, trail

conditions, route/terrain selection, location, or some aspect of Participant’s abilities, conditioning, mental, emotional or physical condition that may make a

certain portion of the Activity appropriate or inappropriate for the Participant. eBikes may include additional risks including but not limited to failure to

properly control the acceleration and deceleration of the bike, higher rates of speed, and loss of maneuverability.

Undersigned understand and agree that Participant must have the physical dexterity and knowledge to safely handle and ride the bike and access the

terrain they choose. Adult also understands and agrees that Minor may be riding without being accompanied by an adult and hereby gives

permission for the Minor to do so. Adult agrees that that he/she will instruct and direct Minor to abide by the rules and regulations of the areas they

choose to ride and to follow instruction and direction from staff. Adult for him/herself and/or, if applicable, on behalf of Minor hereby freely and

expressly agrees to ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH to the Participant in any way connected with the Activity.

RECOGNIZING THE RISKS, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY AND, IF APPLICABLE, VOLUNTARILY

CHOOSES TO ALLOW MINOR TO PARTICIPATE IN THE ACTIVITY AND REPRESENTS THAT PARTICIPANT HAS THE SKILLS AND DEXTERITY TO

SAFELY PARTICIPATE IN THE ACTIVITY AND WILL AT ALL TIMES RIDE WITHIN HIS/HER ABILITIES OR PARTICIPATE IN OTHER PARTS OF THE

ACTIVITY IN A PRUDENT AND RESPONSIBLE MANNER.

By signing this Agreement Undersigned acknowledge the risks associated with the Activity and, as a condition to Participant engaging in the

Activity, Undersigned agree to (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH to Participant resulting from participation in the Activity; (2)

WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against, Oz Suspension Solutions LLC, the City and County of

Bentonville, the United States, and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives,

assignees, employees, volunteers, and agents as well as any Activity sponsors, equipment manufacturers and distributors (hereinafter the “Indemnified

Parties”) that are based on, arise or result from, in whole or in part, participation in any Activity; (3) INDEMNIFY, DEFEND AND HOLD THE

INDEMNIFIED PARTIES HARMLESS from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or

related to participation in any Activity and any loss, damage or injury, including death, that may be sustained by Participant or caused to others or their

property by Participant. Undersigned agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified

Party in defending an investigation, claim or suit brought by or on behalf of Undersigned.HELMETS ARE REQUIRED while mountain biking. Undersigned

agree that Participant will wear a helmet at all times while riding and will operate his/her mountain bike only on marked trails or roads, unless specifically authorized

to operate his/her mountain bike elsewhere by authorized staff. Undersigned understand and agree that although Participant may be wearing a helmet, a

helmet cannot guarantee Participant’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face,

neck or spinal cord. Participant agrees to wear appropriate safety equipment, as established by industry standards and common safety practices and assumes

all risks associated with failure to wear appropriate safety equipment. Undersigned warrant that Participant will operate rental equipment ONLY after receiving

instructions on it its safe and proper use and understands how to use the brakes and shifting mechanisms. Adult understands and agrees that he/she may

not be available or present when the Minor’s equipment is fitted and adjusted and hereby waives the opportunity to verify the mountain bike and helmet

size and fit and authorizes employees of the OSS to fit and adjust the mountain bike and helmet. Prior to mountain biking Participant will inspect his/her

bicycle and assure him/herself that it is in good operating order and can be safely used. Participant understands and agrees that rental equipment is

equipped for daytime use ONLY and that any use of the equipment after dark is not recommended and it is at Participant’s own risk. Undersigned

understand and agree that Participant will be the only person to use the rented equipment during this rental period. Undersigned accept the equipment for use “as

is” and with no warranties, express or implied, and accept full responsibility for the care of the equipment while in Participant’s possession. If the rental

equipment is not functioning properly, Undersigned agree Participant will stop using rental equipment immediately, will notify the rental shop immediately and

return the improperly functioning equipment to the rental shop.

DAMAGE RESPONSIBILITY: If equipment is being rented, Undersigned accept responsibility for any and all damage to equipment, beyond normal wear and tear,

and agree to pay all costs of necessary repairs including but not limited to parts, and labor at prevailing shop rates. Evaluation of such damage and repairs

needed are at the sole discretion of a shop technician who will inspect the equipment within 24 hours from the time it is returned. Undersigned understand and

agree that any adjustment that Participant may make on the equipment is subject to readjustment by the shop technician at Undersigned’s sole expense.

Undersigned agree that Participant will return the equipment to rental shop at the agreed upon time and that Undersigned will be responsible for full retail value if

Participant returns equipment late.

Undersigned accept damage responsibility or Undersigned have purchased the Damage Waiver for rental equipment. Damage Waiver does not cover

loss or theft of bike; Damage Waiver does not cover damage due to changes to bike set-up made by Undersigned without OSS consent; Damage

Waiver does not cover intentional abuse or damage.

Undersigned authorize the OSS and/or its authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility if, in the

opinion of such personnel, medical attention is needed for the Participant. It is agreed that upon transport to any medical facility, the OSS shall not have any

further responsibility for the Participant, and all costs associated with such medical care and related transportation provided for the Participant shall be paid by

Undersigned and the Undersigned do hereby indemnify and hold harmless the Indemnified Parties of and from any costs incurred therein.

Undersigned give OSS permission to take and use photographs, video recordings, or movies of Participant taken during an Activity and use and sublicense such

material for any purpose in promoting OSS or related activities in print, brochures, advertisements, films or videos and on broadcast presentations of any sort.

The adult signing below agrees for him/herself and Minor that ALL claims arising from or related to any Activity, including for injury to person or property and/or death shall

be GOVERNED BY ARKANSAS LAW, without regard to conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be in the District Court in

Benton County or in Federal Court for the District of Arkansas. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH

LAW AND JURISDICTION.

This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be

enforceable. THE UNDERSIGNED PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE/SHE IS ENTITLED TO AND IS SIGNING

THIS AGREEMENT ON BEHALF OF MINOR AND THAT MINOR WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. UNDERSIGNED UNDERSTAND

AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF MINOR, MINOR WILL NOT BE PERMITTED TO PARTICIPATE IN ANY ACTIVITY. This

Agreement shall be binding upon Undersigned’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.