COMPANY-OWNED VEHICLE LOAN AGREEMENT

PLEASE READ ELIGIBILITY CAREFULLY BEFORE ENTERING THE SWEEPSTAKES. COMPLETION ONLY REQUIRED FOR SWEEPSTAKES WINNER.

I, the undersigned, am not an employee of LiveWire EV, LLC or one of its subsidiaries (collectively, the “Company” or “LW”), and I desire to operate or ride on a Company-owned motorcycle, (hereinafter referred to as “COV”). In consideration of my being offered the opportunity to use a COV, by signing below I make the following acknowledgements and agree as follows:

  1. I represent that I meet the user eligibility rules set forth in Attachment A hereto relating to the COV that I will use and agree that I shall abide by all of the program rules in Attachment A while the COV is assigned to or used by me.
  2. I agree that I will not operate or ride upon any COV unless I have first examined that COV and satisfied myself that the COV is in good operating condition, and that I fully understand how to operate and ride on that COV.
  3. I represent that I possess sufficient training, experience and physical ability to operate (or ride upon as a passenger) each COV I will be riding.
  4. I understand and acknowledge that (a) wearing a motorcycle helmet or other protective gear is in no way a guarantee of safety, (b) no helmet can protect the wearer against all possible impacts to the head, and (c) I may be exposed to forces that exceed the limits of protection provided by a helmet or other protective gear. I also understand that a helmet does not guard against injury to the neck, spine or any part of my body other than my head.
  5. I am not at this time under the influence of alcohol, drugs, other illegal substances, or any medications that impair or may impair my judgment or my ability to understand this Agreement.
  6. I agree that as to any COV assigned to me, I am responsible for (a) any damage to the COV caused by misuse or abuse; (b) the full replacement cost of the COV if it is lost, damaged beyond repair or stolen; and (c) any fines levied against me or the COV or its owner for traffic violations or parking tickets.
  7. I will not permit anyone other than myself to be an operator of or a passenger on the COV, unless such is authorized in writing by LW. I hereby agree to indemnify, defend and hold harmless each LW Party (as that term is defined below) from and against any and all losses, claims, damages, liabilities, costs and expenses (collectively, “Losses”) asserted against, imposed upon or incurred by any LW Party, directly or indirectly, by reason of or resulting from any of the following: (a) the operation, riding or other use of any COV by any User (as that term is defined below); (b) the negligence or recklessness of, willful misconduct of, or violation of applicable laws, ordinances or regulations by, any User; or (c) any claim made for injury to person or damage to property relating to acts or omissions of any User. This agreement to indemnify extends to all clzaims (including but not limited to negligence claims and loss of consortium claims) brought by anyone (including but not limited to my family members, my heirs, my estate or other legal representatives) arising out of or relating to my use of a COV. I further agree to reimburse the LW Parties for any and all legal and other expenses incurred by them in connection with investigating or defending against such Losses. In this Agreement: (A) the term “LW Party” means the Company and any officer, director, employee, dealer, distributor or agent of the Company; and (B) the term “User” means (i) me, (ii) anyone who I permit or allow to operate, ride on or otherwise use any COV, and (iii) any of my employees or agents.
  8. I agree to allow the Company and Company’s respective dealers to contact me at the address, telephone number(s) and e-mail address I have provided to the Company, to gather additional information about the COVs and/or to provide additional information about other goods and services in which I may be interested.
  9. I hereby give consent to LW, its employees and agents, to take and use photographs and video of me using a COV. This consent (a) covers all recordings of my image, likeness, voice and/or comments relating to a COV or the Company and stored in any tangible medium of expression (the “Materials”), and (b) permits the Company (and others with the Company’s consent) to use the Materials and duplicates thereof (and my name in connection with the Materials), and to modify the Materials, for the purposes of education, illustration, publication, documentation, promotion, advertising and for any other purpose, in any manner and in any media, worldwide, and without further consideration. To the extent I possess such, I hereby assign to the Company any and all right, title and interest that I possess in the Materials, including all copyrights therein, if any.
  10. I hereby give consent to LW, its employees and agents, to electronically monitor and track the COV at all time periods throughout my operation and possession of the COV. This consent (a) covers all electronic or other recording of my usage and/or possession of the COV (the “Tracking Information”), (b) Tracking Information may include when applicable, but is not exclusive of, GPS vehicle tracking location/routes, engine speed, vehicle speed, mileage, distance, stop time, stop duration, engine and transmission operating temperatures, gear position, time at levels, brake applications (front and rear, rider commanded or ABS- actuated, clutch actuations, acceleration and deceleration rates, road inputs, ambient temperature, rider interaction with infotainment, rider interaction with vehicle operation controls (ride modes, ignition, turn signals, horn, hazard lights, hi/low beam), vehicle tip sensor actuation, hill hold activations, RESS charging type and event count, and other similar vehicle data and (c) permits the Company (and third party service providers of the Company) to use the Tracking Information for the purposes of assessing the usage trends of customer groups and for any other LW internal purpose, in any manner whatsoever, worldwide, and without further consideration. To the extent I possess such, I hereby assign to the Company and waive any and all right, title and interest that I possess in the Tracking Information, including all personal data rights therein, if any.
  11. I agree that I shall not permit any COV to be displayed at or loaned to any motorcycle-related business for any purpose.
  12. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or my use of a COV shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  13. I am not relying on any statements or representations of the Company or any LW Party that are not set forth in this Agreement, and I have been given the opportunity and sufficient time to read and ask questions about this document.
  14. To the extent that the scope of this Agreement is unenforceable in any jurisdiction, said scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this Agreement enforceable in such jurisdiction, without modifying or invalidating any other portion of this Agreement.
  15. This Agreement replaces any and all previous agreements, whether written or oral, governing the undersigned’s use of COVs, and remains in effect until terminated by the mutual written agreement of me and the Company.
  16. This Agreement (including the attachment(s) hereto) sets forth the entire agreement between me and the Company on the subjects addressed herein, and this Agreement may only be modified or amended in a writing signed by me and the Company. There are no other agreements other than this Agreement between me and the Company regarding the COVs (except for the Waiver & Release of Liability Agreement, and the Insurance-Related Acknowledgements I am providing to the Company). If required by LW, I agree to furnish the required insurance as shown on the Sample Certificate of Insurance attached to this Agreement, specifically including a Waiver of Subrogation in favor of LW on the Worker’s Compensation coverages, if allowed by law.
  17. I certify that the information I am providing below and on any attachment(s) hereto is true and accurate.

BY SIGNING THIS DOCUMENT, I CERTIFY THAT I HAVE READ THIS DOCUMENT (INCLUDING THE ATTACHMENT(S) HERETO) AND FULLY UNDERSTAND IT, AND THAT I AM VOLUNTARILY ENTERING INTO THIS AGREEMENT.

BY SIGNING THIS DOCUMENT, I FURTHER ACKNOWLEDGE AND CERTIFY THAT I HAVE READ SECTION 10 ABOVE AND I HEREBY PROVIDE MY EXPRESS CONSENT TO BE ELECTRONICALLY MONITORED AND TRACKED AT ALL TIME PERIODS DURING MY OPERATION AND POSSESSION OF THE COV.

 

Name (Print Clearly)                                                                                                                  

LW Contact (LW Employee Contact)                                                                                             

Signature X                                                                  Date Signed (mm/dd/yyyy)

Home Address                                                                                                               

Employer Address                                                                        State                 Zip Code                      

Work Phone                   Ext.     

If you want to be an operator of a COV, you must provide all of the following information:

Your Driver’s License No.:                                                              State of Issuance                          

Do you have any restrictions (e.g., corrective lenses, work release, etc.): Yes No

If Yes, all restrictions must be listed here:           

Motorcycle endorsement (i.e., class):                                                                                   

Indicate Type & Expiration Date (select one):

Temporary - Expiration Date (mm/dd/yyyy) Permanent - Expiration Date                     (mm/dd/yyyy)

Please attach a legible copy of both the front and back side of your driver’s license with motorcycle endorsement (this is required annually).

MOTOR VEHICLE RECORD – PAST TWO YEARS – SELECT APPLICABLE BOXES:

1.  Have you been in an accident or received a citation or ticket within the past 2 years? Yes       No

            If yes, how many:     1 No detail required            2 or more                                                     

If the answers to the above questions are “Yes” and “2 or more”, please provide additional details                    regarding the incidents, as this may affect your eligibility to participate in the COV Program.                    

                     

                     

                     

                     

                     

                     

                     

                     

                                 

2.  Have you had your license suspended and/or revoked within the past 2 years?           Yes       No

If the answer to the above question is “Yes”, please provide additional details, as this may affect           your eligibility to participate in the COV Program.

Emergency Contact:

Name (print):                                                                                                             

Telephone:                                                                                                        

Relationship:                                                                                                    

ATTACHMENT A

LIVEWIRE OWNED VEHICLES

USER ELIGIBILITY AND PROGRAM RULES

FOR NON-LIVEWIRE EMPLOYEES DESIRING TO OPERATE OR RIDE ON COMPANY-OWNED VEHICLES

  1. These rules apply to all persons who are not employees of LiveWire EV, LLC or one of its subsidiaries (collectively, the “Company” or “LW”) who desire to operate or ride on any Company-owned motorcycle or other vehicle owned by the Company (hereinafter a “COV”). These rules apply until modified or replaced in writing by the Company.
  2. Each COV will be subject to these rules and used only for the purpose for which it is provided.
  3. Each COV will be tracked using GPS and/or other electronic monitoring and/or tracking devices at all times. The data recorded will be used for assessing the usage trends of customer groups and for any other purpose, in any manner whatsoever, worldwide without further consideration. Operators are strictly prohibited from disabling or tampering with the electronic monitoring and/or tracking devices.
  4. Before operating or riding on a COV, at a minimum, operators and passengers must have first signed (a) the “Waiver & Release of Liability Agreement”, or other applicable LW release form, and (b) a current Company-Owned Vehicle User Agreement, and (c) an Insurance-Related Acknowledgements form.
  5. Operators of COVs must be at least 21 years of age.
  6. Passengers on COVs must be at least 18 years of age.
  7. Operators must have a valid driver’s license with motorcycle endorsement, in their state of residence (or their country of residence if the operator resides outside of the U.S.). Temporary, probationary or conditional licenses are not acceptable (unless the operator is a non-U.S. resident, who is temporarily in the U.S. and who has been issued a temporary U.S. license). If your driver’s license becomes revoked or restricted in any way, you MUST immediately provide this information to the LW COV Program Administrator assigned to you and cease operating the COV.

  8. Both operators and passengers must wear a government approved motorcycle helmet (in the U.S., a motorcycle helmet that meets D.O.T. standards), proper eyewear, including clear eyewear at night, full-fingered gloves, sturdy over-the-ankle footwear, long- sleeved shirt or jacket and sturdy pants at all times while operating, riding on or otherwise using any COV.

  9. Operators must operate each COV in a safe manner at all times.

  10. Operators shall not use any COV to participate in any competitive event or racing activities.

  11. Operators must obey all traffic laws – no speeding, no reckless driving, etc. Operators must notify their assigned Program Administrator in writing of any citation(s) or ticket(s) they are given by any law enforcement agency while using a COV.

  12. Operators and passengers shall not operate or ride upon any COV under the influence of alcohol, drugs, medication or any substance that impairs or may impair one’s ability to operate, ride upon or otherwise use a motorcycle.

  13. Operators and passengers shall not (a) operate or ride on any COV with radar detection equipment attached to it, or (b) fit or permit to be fitted any aftermarket parts or accessories to the COV without prior written approval by LW.

  14. Passengers, must be pre-approved in writing and must sign an approved Non-employee Rider Loan Agreement and must act in a safe and responsible manner.

  15. Passengers may not ride on any COV operated by someone under the influence of alcohol, drugs, medication or any substance that impairs or may impair driving ability.

  16. In the event of an accident involving any COV that you were operating, or on which you were a passenger, you must (as soon as such may be done safely) immediately ensure that local police authorities have been called and notified of the accident; then immediately notify your LW Representative. If you were the operator, or if you were the passenger and the operator is incapacitated, you must obtain a copy of the police report and send that to your assigned Program Administrator.

  17. A COV may be ridden only by authorized users. Authorized users are persons that LW has authorized to ride the COV and who have signed a current Company-Owned Vehicle Loan Agreement and a current Waiver & Release of Liability Agreement.

  18. Operators must maximize security of each COV to the best of their ability while in their possession – for example, by using a fork lock or padlock, and when possible storing the COV within a garage or secured to a fixed object.

  19. Each COV has manufacturer’s plates and is owned by LW. Therefore, it is important that any use of any COV reflects favorably on LW. No speeding, no reckless driving, etc., is allowed.

  20. The operator must have a valid LW fleet insurance card with them at all times while operating any COV.

WAIVER & RELEASE OF LIABILITY AGREEMENT

FOR PERSONS DESIRING TO USE VEHICLES OWNED BY LIVEWIRE

I, the undersigned, have been given the opportunity by LiveWire EV, LLC or one of its subsidiaries (collectively herein, the “Company”) to operate, ride upon or otherwise use one or more motorcycles or other vehicles owned by the Company (with each such Company-owned vehicle referred to herein as a “COV”). I fully understand and acknowledge that operating or riding on a motorcycle is an activity that has its own unique risks, and that serious injury or even death could result from operating or riding on a COV through no fault of my own. I am voluntarily choosing to operate and/or ride upon a COV. By signing below, and in consideration of the opportunity granted to me to operate, ride upon or otherwise use one or more COVs, I hereby on behalf of myself and on behalf of my heirs, personal representatives, administrators, executors, successors and assigns (collectively, “Heirs and Assigns”), act and expressly agree as follows:

I HEREBY ASSUME THE ENTIRE RISK OF ANY ACCIDENTS OR PERSONAL INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH, THAT I MIGHT SUFFER AS A RESULT OF MY OPERATING OR RIDING ON A COV. Without limiting the foregoing, I ASSUME ALL RISKS ARISING FROM THE

FOLLOWING: (i) the condition or safety of the COVs, any other vehicles or equipment, or any roadways, premises or property; (ii) the repair or maintenance, or lack thereof, of the COVs or any other vehicles or equipment; (iii) the use of, or failure to use, any safety devices or safeguards; (iv) the conditions, qualifications, instructions, rules or procedures under which any COV is used; (v) the violation by me or by other operators or passengers of any COV User Eligibility and Program Rules; (vi) the weather conditions during operation or use of any COVs; and (vii) single and/or multi- vehicle accidents.

Additionally, I hereby RELEASE, WAIVE AND FOREVER DISCHARGE the Company and each of the Company’s officers, directors, employees, dealers, distributors and agents (collectively, the “Released Parties”), from ANY AND ALL

NEGLIGENCE AND BREACH OF WARRANTY CLAIMS, DEMANDS,   RIGHTS AND CAUSES OF ACTION

(collectively, “Claims) OF ANY KIND WHATSOEVER that I or any of my Heirs and Assigns now have or later may have against any Released Party resulting from, connected with or arising out of my operation of or riding on any COV, regardless of whether such Claims relate to the repair, operation or maintenance of any COV, or the conditions, rules, qualifications, instructions or procedures under which any COV is used, or any other cause or matter. Additionally, if the COV I use is a prototype or pre- production vehicle (that is, a version of a vehicle that is not yet offered for sale to the general public, or which vehicle contains components that are not yet offered for sale to the general public), then I ALSO HEREBY RELEASE, WAIVE AND FOREVER

DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL STRICT PRODUCTS LIABILITY CLAIMS, demands, rights and causes of action, regardless of whether such claims relate to the design or manufacture of the COV or any component thereof, and I also hereby assume the risk of any defective or unreasonably dangerous COV or component thereof.

I acknowledge and understand that as to the Claims released above, this Agreement EXTENDS TO, AND RELEASES, DISCHARGES AND WAIVES LIABILITY FOR, ANY AND

ALL SUCH CLAIMS that I or any of my Heirs and Assigns have or later may have against the Released Parties resulting from or arising out of my operation of or riding on COVs, including without limitation all such Claims resulting from the NEGLIGENCE of any Released Party, or resulting from any

BREACH OF ANY EXPRESS OR IMPLIED WARRANTY by any Released Party, and regardless of whether such Claims now exist or hereafter arise, or are known or unknown, contingent or absolute, liquidated or unliquidated or foreseen or unforeseen, or arise by operation of law or otherwise. I acknowledge and understand that by my signing this Agreement I (on my own behalf and on behalf of my Heirs and Assigns) COVENANT AND AGREE NOT TO SUE any or all of the Released Parties for any cause of action released or waived hereby for any injury, death or damage to myself, resulting from or arising out of my operation of or riding on any COV.

This Agreement does not, however, release: (i) any claims for harm caused by a Released Party intentionally or recklessly; (ii) claims for worker’s compensation benefits (if any) that I or my Heirs and Assigns may have; or (iii) claims that I or my Heirs and Assigns may have (if any) under or against any benefit plans sponsored by my employer, including claims under disability or life insurance plans, resulting from my operation of or riding on any COV. I acknowledge that worker’s compensation laws may or may not apply to my use of the COVs, depending upon the circumstances.

I confirm that this Agreement is intended to be as broad and inclusive as is permitted by law. To the extent that the scope of this Agreement is unenforceable in any jurisdiction, said scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this Agreement enforceable in such jurisdiction, without invalidating any other portion of this Agreement. I acknowledge I have the right and opportunity to negotiate the terms of this Agreement, and I hereby waive such right. I understand that by choosing voluntarily to sign below I am giving up important legal rights. By signing this Agreement I certify that I have read this Agreement and fully understand it, that

I am not relying on any statements or representations of any of the Released Parties, and that I have been given the opportunity and sufficient time to read and ask questions regarding this Agreement. This Agreement sets forth the entire agreement between me and the Company regarding the topics addressed herein, and may only be modified or terminated with the written consent of me and the Company.

THIS IS A WAIVER & RELEASE OF LIABILITY AGREEMENT - PLEASE READ CAREFULLY BEFORE SIGNING

Date:                                                                                                 Signed:                                                                      

(mm/dd/yyyy)

Circle One:          Operator    –     Passenger    –     Both             Print Name:                                                                      

(Print Clearly)

INSURANCE-RELATED ACKNOWLEDGEMENTS

BY NON-EMPLOYEES OF LIVEWIRE

WHO DESIRE TO USE VEHICLES OWNED BY LIVEWIRE

PLEASE READ CAREFULLY.

I, the undersigned, am not an employee of LiveWire EV, LLC or any of its subsidiaries (collectively hereinafter, “LW”). In return for LW granting me permission to operate, ride on or otherwise use motorcycles or other vehicles owned by LW (hereinafter “Company Owned Vehicles” or “COVs”), I make the following acknowledgments and agreements regarding insurance.

 

Insurance Acknowledgements and Agreements

I acknowledge that no one has represented to me that I have any coverage under or benefits pursuant to LW’s Worker’s Compensation Insurance or LW’s Employer’s Liability Insurance policies. I agree that, if necessary for coverage, I have notified my own, independent worker’s compensation insurance carrier and/or employer’s liability insurance carrier that I may operate or ride upon one or more COVs. I further agree to provide LW upon request a certificate of insurance (“COI”) that evidences that I have Worker’s Compensation coverage, including, if allowed by law, a waiver of subrogation in favor of LW, and/or Employer’s Liability insurance coverage, which coverage is maintained by me or my employer.

 

Some persons who are not employed by LW have health or disability insurance coverage due to the fact that they are related to an LW employee (hereinafter, each such covered person is referred to as a “Covered LW Relative”). I acknowledge that if I am not a Covered LW Relative, no one has represented to me that I have any insurance coverage under or benefits pursuant to LW’s Health & Disability Benefits policy(ies). I agree that, if necessary for coverage, I have notified my own, independent health insurance and/or benefits provider that I may operate or ride upon one or more COVs. I further agree to provide LW a COI that evidences that I have health and disability insurance and benefits coverage, which coverage is maintained by me or my employer.

 

I acknowledge that no one has represented to me that I have any coverage under or benefits pursuant to LW’s Commercial General Liability (“CGL”) insurance policy(ies). I agree that, if necessary for coverage, I have notified my own, independent CGL insurance or other liability insurance carrier(s) that I may operate or ride upon one or more COVs. I further agree to provide LW, if requested by LW, a COI that evidences that I have CGL insurance coverage, which coverage is maintained by me or my employer.

 

I acknowledge that if I have any coverage and benefits pursuant to LW’s Commercial Automobile Liability Insurance policy(ies), those benefits may be quite limited and may be affected by other agreement(s) (if any) I may have with LW concerning my use of COVs. I acknowledge that I am not making the decision to operate, to ride or to be around COVs in reliance on any representation made by anyone regarding the existence or scope of LW’s Commercial Automobile Liability Insurance policy(ies). I have obtained (or, if I have not yet obtained, I will obtain or hereby forgo the opportunity to obtain) vehicle liability insurance that will provide coverage to me in relation to my operating, riding or being around COVs. I further agree to provide LW a COI that evidences that I have automobile or motorcycle liability insurance coverage, which coverage is maintained by me or my employer.

 

Certification

By signing this document below, I certify that I have read this document and fully understand it, that all of the acknowledgments I make herein are true, that I intend to be bound by all of the agreements I make herein, and that I am not relying on any statements or representations of any employee or agent of LW that are contrary to any information stated herein.

                                      READ BEFORE SIGNING          Signed X