TSJP LLC, dba PanoServ, a California limited liability company (“PanoServ”, “us” or “we”), provides a software platform and website (the “Platform”) through which PanoServ’s independent network of service providers (collectively, “Providers”) can provide services and sales to you. The terms set forth in this Release and Waiver (this “Release”) govern the sales or services provided by PanoServ (“Services”) to you (“Customer” or “you”) and your use of any deliverables (“Products”), including, without limitation, bicycles and motorized vehicles, resulting from the Services (the “Activity”). Use of the Platform or Services, or engaging in the Activity, constitutes agreement to this Release.

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BY CLICKING ON THE “I AGREE” BUTTON, ACCESSING OR USING THE SERVICES, OR ENGAGING IN THE ACTIVITY, YOU ARE INDICATING THAT YOU HAVE READ THIS RELEASE AND AGREE TO BE BOUND HEREBY. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS RELEASE, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT ACCESS THE PLATFORM, USE ANY SERVICES OR ENGAGE IN THE ACTIVITY. By engaging in any of the conduct set forth in the preceding sentence, you represent and warrant that you are of legal age to form a binding contract with PanoServ. If you do not meet these requirements, you are prohibited from using Services, accessing or using the Platform or engaging in the Activity.

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1. Representations and Warranties. You hereby represent and warrant that you are the owner of the Product(s) that you have authorized a Provider to service or repair. You understand that PanoServ and the Providers make no verbal or written warranties, whether express or implied, regarding the sales, services or repairs performed by the Providers, including, without limitation, the implied warranties or conditions of merchantability or fitness for a particular purpose; provided, however, that the disclaimers in this sentence do not affect any warranties that cannot be excluded or limited under applicable law.

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2. Assumption of Risk; Release. You are aware and understand that the Activity is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. You acknowledge that any injuries that you sustain may result from or be compounded by the actions, omissions, or negligence of PanoServ or the Providers. Notwithstanding the risk, you acknowledge that you are knowingly and voluntarily participating in the Activity with an express understanding of the danger involved and hereby agree to accept and assume any and all risks of injury, disability, death, and/or property damage arising from the Activity, whether caused by the ordinary negligence of PanoServ, the Providers or otherwise. You hereby expressly waive and release any and all claims, now known or hereafter known, against PanoServ, the Providers, their respective affiliates, and their respective officers, directors, managers, employees, agents, shareholders or members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to the Activity, whether arising out of the ordinary negligence of PanoServ, the Providers, any other Releasee or otherwise. I covenant not to make or bring any such claim against PanoServ, the Providers or any other Releasee, and forever release and discharge PanoServ, the Providers and all other Releasees from liability under such claims. If the Providers are servicing or repairing your Product(s) while parked on private or quasi-private property you also hereby expressly waive and release any and all claims, now known or hereafter known, against the owner of the private or quasi-private property, its affiliates, and their respective officers, directors, managers, employees, agents, shareholders or members, successors, and assigns.

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3. Indemnification. You agree to indemnify, defend, and hold harmless PanoServ, the Providers and all other Releasees from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing insurance providers, arising out of or resulting from any claim of a third party related to the Activity, including any claim related to your own negligence or the ordinary negligence of PanoServ or the Providers.

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4. Governing Law and Venue. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether by the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Orange County, California and you hereby consent to the exclusive jurisdiction of such courts.

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5. Miscellaneous. This Release constitutes the sole and entire agreement between you, PanoServ and the Providers with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of you and your respective heirs, successors, and assigns. Nothing contained herein shall constitute this arrangement to be employment, a joint venture or a partnership. This Release shall not be modified, amended or supplemented except in writing signed by you and PanoServ.