Brooks Sports Inc Wear Tester Agreement The person who signs below (“you” or “Wear Tester”) has agreed to be a member of the Brooks Sports, Inc. Wear Testing Program. As such, you are associated with an elite group dedicated to producing the finest athletic and sports footwear in the world. A significant part of Brooks’ success may be derived from the information you will be providing as an objective Wear Tester. Your selection as a Brooks Sports Wear Tester allows a unique opportunity for you to evaluate some of the leading technology in the footwear industry today. The information you will provide is valuable to Brooks Sports and will be used in the continuing development of Brooks Sports products. Due to the competitive nature of the footwear industry and the confidential nature of the technology you will be evaluating, this information will also be of interest to Brooks Sports competitors. In order to safeguard this information, you agree, in consideration for being a Wear Tester, to not disclose to any third party without the prior written consent of Brooks Sports, any information that may be deemed to be confidential or proprietary in nature, including, but not limited to, such information as footwear, materials or marketing plans. You also agree that any information you learn or provide as a Wear Tester is the sole property of Brooks Sports. In addition, the footwear you will test will remain the sole property of Brooks Sports and must be returned upon request. While a Wear Tester, you may be involved, by your own choice, in the use of previously untested footwear technology. Any sport or rigorous athletic related activity in which you voluntarily engage carries an inherent risk of potential accident or injury. You acknowledge and accept as your own sole responsibility the risk of such activity in relation to the wearing of Brooks Sports products and agree to release and hold harmless Brooks Sports and any and all of its employees, officers, directors or agents from liability of any kind whatsoever related to or arising out of any injury or damage that may occur to you or any third person in connection with your use of Brooks Sports products. You further acknowledge that no employee/employer relationship is established by this agreement or relationship.