Patagonia Motorcycles Test Ride Waiver

I have requested that the dealership, Patagonia Motorcycles LLC, permit me to test drive a vehicle. I understand that the dealership is permitting me to test drive the vehicle subject to the following terms and conditions:

1) I have a valid driver’s license to operate a motor vehicle in this state and I presently have have in effectcollision and liability insurance that meets or exceeds the minimum state requirements and applies to the vehicle during the time that it is in my possession or under my control.

2) I have a valid motorcycle endorsement.

3) I cannot drive the vehicle more than 5 miles and must return the vehicle to the dealership in the same condition as I received it. I cannot remove the vehicle from this state or use the vehicle negligently or contrary to law. I will not permit any other person to operate the vehicle.

4) I must immediately report any damage, accident, theft or vandalism involving the vehicle to the police, Patagonia Motorcycles LLC, and my insurance company and deliver to Patagonia Motorcycles LLC any notices, pleadings and documents regarding any claim, suit or proceedings related to my use, possession or control of the vehicle. I must also report to Patagonia Motorcycles LLC and pay any parking or other traffic violation fines and penalties arising out of my use, possession or control of the vehicle.

5) I have personally inspected the vehicle and found it free from any visible damage and/or defects, except as otherwise noted in the comments below. I must pay for any loss or damage to the vehicle that occurs while the vehicle is in my possession or control, plus the Dealerships related expenses. In addition, I agree to defend, indemnify and hold harmless Patagonia Motorcycles LLC from and against any and all losses, liabilities, damages, injuries, claims, demands, costs and expenses arising out of my use, possession or control of the vehicle and any breach of my responsibilities as set forth in this agreement.

6) If I am in breach of this agreement or fail to return the vehicle to the dealership as required by this agreement, I will be required to pay all expenses incurred by the dealership to have the vehicle returned and the Dealership, or any of its agents or employees, may peacefully retake possession of the vehicle. The dealership shall not be liable for loss of or damage to any property that I may have left in the vehicle, either before or after its return to the Dealership.

7) I freely, on behalf of myself, my heirs and estate, fully and finally release and hold harmless Patagonia Motorcycles LLC from any and all liability, claims, demands suits, whether known or unknown, fully, finally and forever by the signing of this waver.

8) In signing this document, I represent that I am fully knowledgeable of the danger and hazards associated with riding motorcycles. I certify that I am duly licensed and competent to operate a motorcycle in a safe manner, and the vehicle is in a safe operating condition. I will be riding on public highways and am solely responsible to determine the speed and operational characteristics of my motorcycle while participating in the ride. I hereby release and hold harmless, Patagonia Motorcycles LLC against any and all claims, causes of action, or any other liability of any kind arising from my activity of riding by motorcycle.

9) I certify that I have no known physical or mental impairment that may affect my safety or the safety of the group. I understand that the choice of wearing a helmet or other protective gear is solely my own and that I am responsible for my compliance with all state laws, including those regarding helmets. I certify that I am not under the influence of any narcotic, alcohol, or other drug that may impair my understanding or judgment and that I will not at any time during the ride operate my motorcycle under the influence of any drug or alcohol. I also understand that this Waiver and Release is in force for the duration of the ride and covers any and all activities.
By signing this waiver, I consent to all the terms and conditions within this waiver.
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