This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, “Release”), made voluntarily by me, the undersigned Renter, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, “Renter,” “I” or “me”, which terms shall also include Renter’s parents or guardian, (if Renter is under 18 years of age) to the BIKE.co.
As the undersigned Renter, I fully recognize that there are dangers and risks to which I may be exposed by participating in BIKE.co Rental Program (the “Activity”). As the undersigned Renter, I understand that BIKE.co makes no representations as to the condition of the bicycles, helmets, and bike locks we lend (“Equipment”), and Equipment is made available as an accommodation, and not a service, to BIKE.co clients and friends.
I am well advised to check the condition of the Equipment prior to use, and to notify BIKE.co of any discovered problems or defects in the Equipment. BIKE.co does not require me to participate in this Activity, but I want to do so despite the possible dangers and risks and despite this Release.
With informed consent, and for valuable consideration received, including assistance provided by BIKE.co, as the undersigned Renter, I agree to assume and take on myself all of the risks and responsibilities in any way arising from or associated with this Activity, and I release BIKE.co and all of its affiliates and partners, and their respective governing boards, officers, directors, legal representatives, members, employees, administrators, assigns, and contractors (collectively “Releases”), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that I may suffer at any time arising from or in connection with the Activity, including any injury or harm to me, my death, or damage to my property (collectively “Liabilities”), and I agree to defend, indemnify, and save Release’s harmless from and against any and all Liabilities.
I agree to properly use and care for all borrowed equipment while it is in my possession and am aware that deviation from proper use or care may greatly increase the likelihood of accident or injury.
I agree to properly secure/lock all borrowed equipment in legal locations when not in my possession. The safety of accompanying passengers in any attached Equipment (not limited to but including any child-related equipment) is my responsibility and I agree to monitor the condition of the Equipment and its passengers at all times.
I agree to wear an approved safety helmet and to ensure that all passengers and those for whom I am responsible wear appropriately sized approved safety helmets. I agree not to use the Equipment in conditions of reduced visibility (including, but not limited to, darkness).
I agree not to lend the bikes to others while it is in my possession, and that if I were to do so, and that if they were to suffer a loss as a consequence, that that is my responsibility alone.
I accept use of the equipment, AS IS, in good condition an accept full responsibility for care of the equipment will under my possession under the terms of this release. Damaged parts or components will be repaired/replaced at BIKE.co discretion and renter agree to pay standard BIKE.co shop rates and retail prices for parts and components replaced.
I agree to return the bike in clean, UNDAMAGED condition to avoid additional charges for repairs, excessive maintenance, or replacement. Clean condition means normal wear and tear is accepted but does not include broken spokes, rims/wheels, bent rims/wheels, damaged frames, handlebars, saddles or other parts from misuse and/or crashes.
I agree I will be assessed an additional $10 cleaning fee if the bike is not returned reasonably clean of mud and debris.
I understand and agree that should the bike be lost or stolen while under the terms of this release, BIKE.co will charge my debit/credit card used at the point of sale for the full replacement value amount up to and including Manufacturers Suggest Retail Price (MSRP) of $_____________________ plus applicable sales taxes.
I understand and agree that BIKE.co will not notify me prior to this transaction. The transaction will take place no sooner than 24 hours after the bike is reported missing. I understand and agree that should my rented helmet be lost or stolen while under the terms of this release, BIKE.co will automatically charge my debit/credit card used at the point of sale for an amount up to and including $100 plus applicable sales taxes.
I understand and agree that should the bike lock be lost or stolen while under the terms of this release, BIKE.co will automatically charge my debit/credit card used at the point of sale for an amount of $50 plus applicable sales taxes.
As the undersigned Renter, I recognize that this Release means I am giving up, among other things, all rights to sue Release’s for injuries, damages or losses I or any passengers or persons for whom I am responsible may incur. I also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as me.
I also affirm that I have adequate medical or health insurance to cover any medical assistance I may require, and that any passengers or persons for whom I am responsible also have adequate medical or health insurance to cover any medical assistance they may require.
I agree that this Release shall be governed for all purposes by Arkansas law, without regard to such law on choice of law.
I have read this entire Release. I fully understand the entire Release and acknowledge that I have had the opportunity to review this Release with an attorney of my choosing if I so desire, and I agree to be legally bound by this Release.
Type and Length of Rental Terms: __________________________________________________. I understand and agree that should I not return the bike within the length of terms of this release, BIKE.co will charge my debit/credit card used at the point of sale for an amount equal to the daily rental rate, as listed above, for each day the bike is not returned or reported lost/stolen. Bikes and equipment are due back 15 minutes before posted closing time on the date due back.
I have read, understood and agree to the above terms this _______ day of ________________, 20______.
Signature of Renter (whose printed name appears above)
Witness (BIKE.co Employee over 18 years of age)
If Renter is under the age of 18, his or her parent or legal guardian must also sign:
I, (printed name) ________________________________________, am the parent or legal guardian of the Renter who has signed above. I have read and I understand the provisions of this document, and acting on behalf of the Renter, I consent to the Renter taking part in the activities described above, and I fully enter into an agree to the above Release.
Signature of Parent or Legal Guardian Date Relationship to Renter
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