E Bikes 4 Rent AZ – RENTAL AGREEMENT AND RELEASE OF LIABILITY
ORGANIZATION NAME: E Bikes 4 Rent AZ, LLC, and its members, managers, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Company”).
DEFINITION: In this agreement, “Biking” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Company, including, but not limited to: biking; electric biking; bike rental; electric bike rental; rental and use of speakers, helmets, locks, baskets, lights, and other add-on accessories (collectively, “Accessories”); orientational and instructional courses, seminars and sessions; travel, transport and accommodation.
RENTAL AGREEMENT: I accept full responsibility for all bicycles and Accessories (collectively, the “Equipment”) rented from the Company and authorize the Company to charge my credit card for any damage to the Equipment and to replace the Equipment at full retail value if not returned by the agreed upon date.
BIKING SAFETY: I acknowledge that I have been provided with and strongly advised to wear an approved helmet while Biking. Individuals under the age of eighteen (18) years old are prohibited from Biking. I am aware that Biking is subject to all applicable state and municipal traffic laws and regulations. I am familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters. I am aware there are Company-provided technicians available to answer any questions I may have regarding the proper use of the Equipment.
ASSUMPTION OF RISKS: I acknowledge that Biking involves many risks, dangers and hazards including, but not limited to: mechanical failure of the Equipment, loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams, creeks and man-made structures; change in weather conditions or exposure to temperature extremes; travel on highways and back-country roads; encounters with domestic and wild animals; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated from one’s party; negligence of other participants; and negligence on the part of the Company, the manufacturers, distributors and their staff, including the failure on the part of the Company to safeguard or protect me from the risks, dangers and hazards of Biking as a result of my use of the Equipment.
I am aware of the risks, dangers and hazards associated with Biking and I freely and expressly accept and assume all risks, dangers and hazards, including, but not limited to, the risk of personal injury, death, property damage or loss resulting therefrom.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration for the Company agreeing to rent me Equipment and permitting my use of their services and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
To waive any and all claims that I have or may in the future have against the Company and the Equipment manufacturers and distributors, and to release the Company from any and all liability for any loss, damage, expense or injury, including death, that I may suffer, or that my next of kin may suffer as a result of my Biking due to any cause whatsoever, including negligence, breach of contract, or breach of warranty on the part of the Company in respect to the design, manufacture, selection, installation, maintenance, inspection, service or repair of the Equipment, or in respect to the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment; and
To hold harmless and indemnify the Company for any and all liability for any property damage, loss or personal injury to any third party resulting from my Biking.
This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives (collectively, my “Representatives”), in the event of my death or incapacity. This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the State of Arizona, and any litigation between the parties shall be filed in the Municipal Court or the Superior Court of the County of Maricopa, State of Arizona.
In entering into this agreement, I am not relying on any oral or written representations or statements made by the Company, with respect to the safety of Biking, other than what is set forth in this agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY REPRESENTATIVES MAY HAVE AGAINST THE COMPANY.
E Bikes 4 Rent AZ – PAYMENT AUTHORIZATION AGREEMENT
By submitting this rental reservation and signing this agreement, I confirm to be an authorized credit cardholder of the card I use at checkout; and in accordance with my cardholder agreement, I agree to the following terms of payment for rental of the Equipment:
SECURITY DEPOSIT: The Company does not currently charge a non-refundable security deposit.
RENTAL FEES: I authorize the Company to charge my credit card the full value of the rental fee at the time of reserving the Equipment.
CANCELLATION POLICY: The Company will authorize a full refund for any reservations cancelled up to seventy-two (72) hours before the reservation date. For reservations cancelled between twenty-four (24) and seventy-two (72) hours of the reservation date, the Company will refund fifty percent (50%) of the total rental fee. Reservations cancelled within 24 hours of the reservation date will not be issued a refund of the rental fee.
DAMAGE FEE: If I return the Equipment damaged, I authorize the Company to charge my credit card a damage fee, based upon the amount of damage to the Equipment (determined at the Company’s sole discretion), not to exceed the full retail value of the damaged Equipment.
LATE FEE AND FAILURE TO RETURN FEE: If I keep the Equipment longer than my rental period, I agree that I must contact the Company to request an extension (“Rental Extension”). I understand that a Rental Extension is not guaranteed. If a Rental Extension is granted, the Equipment shall be physically returned to the Company by the date and time specified in the Rental Extension. If I fail to return the Equipment by the end of my rental period or Rental Extension, if applicable, I authorize the Company to charge my credit card a late fee of Five Hundred Dollars ($500.00) plus the total rental fee of the non-returned Equipment, for each day I fail to return the Equipment at the daily rate. Should I fail to return the Equipment and make no effort to contact the Company regarding the Equipment at the end of my rental period, or if I never return the Equipment, I authorize the Company to charge my credit card the full retail value of the non-returned Equipment.
E Bikes 4 Rent AZ – RENTAL AGREEMENT AND RELEASE OF LIABILITY