Cruz E-Bike Rental Company Bike Waiver and Release of Liability

In consideration of the rental and use of an electric bike or bicycle, including any related equipment or attachments (hereinafter referred to as “Bike” or “Bikes”)

I, the signed person, being above the age of Eighteen, or the parent or legal guardian of the above-named person who is under the age of eighteen and above the age of sixteen, in consideration of Cruz E Bike Rentals LLC., dba CRUZ, the rate charged for those services, or the worth of them as freely given, and the right to engage in the safe operation of the electric bike or bicycle rental, hereby acknowledge, agree with, promise and covenant with Cruz E Bike Rentals LLC. and all persons, entities, employees, and agents, on behalf of myself, heirs, assigns, personal representative, minors under the age of eighteen and above the age of sixteen for whom I am signing, and next of kin:

1.      Bike Rental and Rental Period

a.      You are renting the following Bike(s): Rad Runner

b.      If you choose to keep the bike(s) longer than the Rental Period, you will contact CRUZ to request a Rental Period extension. You understand that a Rental Period extension is not guaranteed, and CRUZ has no obligation to provide one. If you choose to return the bike for a duration longer than the Rental Period, without receiving a Rental Period extension, you authorize CRUZ to charge your credit card with a late fee in the amount of $200. There will be no refunds in the instance that the bikes are not in use.

c.      You agree and acknowledge all Bike(s) must be returned to CRUZ. If you fail to return the Bike(s) within 24 hours of the end of the Rental Period, you authorize CRUZ to charge your credit card the full retail value of any non-returned Bike(s), in addition to paying any of the fees that might have accrued in accordance with the terms of this Agreement.

2.      Credit Card Authorization:

Renter understands that Renter must pay in full an amount (to be used against the final bill) equal to the estimated total charge for the E-bike rental at the rates indicated on the website and confirmed over the phone and via email. CRUZ only accepts payment by credit card. Renter authorizes CRUZ to charge Renter’s credit card any amounts due from Renter as a result of the E-bike rental.

Charges for loss and/or damage to the E-Bike. Renter understands that all charges are not final and are subject to the audit of the returned bicycle. Renter specifically agrees and authorizes CRUZ to make any charges by credit card if there is damage beyond normal wear and tear.

3.      Prohibited Acts:

a.      You will not ride a Bike while carrying any items which impede your ability to safely operate the Bike(s).

b.      You will not operate the Bike(s) while under the influence of alcohol, drugs, medication, or other substance that may impair your ability to safely operate a Bike(s).

c.      Each Bike is intended for use by one person only. If carrying, towing, or otherwise transporting a second person or cargo via trailer unit, you will not exceed 10 Mile Per Hour.

d.      You will not use any locking mechanism, other than the locking mechanism provided by Cruz E Bike Rentals LLC.

e.      You will not violate any applicable federal, state, or local law or any command or instruction from law enforcement personnel.

f.       You will not use the Bike(s) for racing, riding recklessly, or any other use, besides safe operation on public or private roads or property and routes designated for bicycles or electric pedal-assist bicycles, as applicable.

g.      You will not modify, dismantle, deface or otherwise alter the Bike(s) or any part of the Bike(s). You will not dismantle or misuse any bicycle surf rack or fishing pole holder, or trailer units.

h.      You will not attach anything to the Bike(s), including, but not limited to, baskets, child seats, other bicycles, cup holders et al.

i.       You will not exceed the maximum weight limit for the Bike (250 pounds).

j.       You will not operate the Bike(s) in poor or dangerous weather or road conditions which would make it more dangerous to operate the Bike(s). You will limit or adjust Your riding behavior and braking distance to suit the weather conditions and act in a safe manner.

k.      You will not repair or attempt to repair any Bikes(s).

l.       Batteries will not be placed directly on concrete for any purpose including charging the battery.

m.    YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION, SUCH RISKS ARE SIGNIFICANT AND INCLUDE INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATIONS OF APPLICABLE LAWS.

4.      Bike Inspection: Before each use of a Bike, you will conduct an inspection of the Bike, which you acknowledge you are competent to do, and which includes inspecting for all of the following: (i) proper tire pressure; (ii) safe operation of all brakes and lights: (iii) proper attachment of the seat, pedals, and any attachment: (iv) good condition of frame; (v) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need; (vi) that the battery is locked and securely in place in the frame of the Bike. You may not ride the Bike If you notice any mechanical or other problem or safety issue: and, in such case you must promptly notify Cruz E Bike Rentals LLC of all problems and issues prior to use of the Bike

YOU CERTIFY YOU HAVE INSPECTED THE BIKE AND ARE ABLE AND COMPETENT TO OPERATE THE BIKE AND ARE AWARE OF THE CONDITION OF THE BIKE.

YOU AGREE THAT CURZ E BIKE RENTALS LLC HAS ANSWERED ANY QUESTIONS YOU MAY HAVE HAD REGARDING THE OPERATION OF THE BICYCLE, SAFETY, AND TERMS OF THIS AGREEMENT.

5.      Bike Returns: Bikes are rented out in clean and proper working condition and must be returned to Cruz E Bike Rentals LLC in the same condition. If the Bike is returned to Cruz E Bike Rentals LLC damaged or in a state of disrepair, then you will be charged a Damage fee that will be calculated by the amount of damage to the Bike(s) and could be up to the full value of the Bike(s) that you return with damage or fail to return. Cruz E Bike Rentals LLC has the right to make such charges as early as twenty-four hours after the rental period or is returned in a damaged state. Clean condition means normal wear and tear is accepted but does not include the following; damage to mechanical and electrical parts, broken spokes, rims, damaged frames, handlebars, seats, or other parts from misuse and/or crashes, and any and all other damage to the Bike(s). You will return the Bike with the battery, key, lock, helmet, and battery charger intact and fully functioning. Any Bike Surf Racks rented or trailer units, must be returned to Cruz E Bike Rentals LLC in the same condition, and not damaged, or you will be charged the full replacement cost.

6.      Acknowledgement of Risk: I acknowledge, agree, and represent that the lesson and/or tour and related activities (“Activities”) I, or the person under age 18 and above the age of 16 who I am signing on behalf of,  am about to engage in a voluntarily, bear certain known risks and unanticipated risks which could result in injury, death, illness, or disease, physical or mental damage to myself, my property, or other third parties or their property, or the property of Cruz E Bike Rentals LLC. I further acknowledge that I understand the nature of cycling and related activities and that I, or the person under age 18 and above the age of 16 who I am signing on behalf of, am qualified, in good health, and in proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation.

7.      Assumption of Risk and Responsibility: I, for myself or the person under age 18 and above the age of 16 who I am signing on behalf of, understand and accept that riding a bicycle or electric bike and participation in biking exposes me to many hazards and entails the unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. I choose to rent a bike and/or participate in any bike tour despite these risks and hereby assume all risk of injury or loss of life to myself and loss of or damage to property arising from the risk involved in using this equipment and accept full responsibility for any and all such damage or injury which may result in.

a.      Risks Include (DAMAGES, EXPENSES OR MEDICAL CONDITIONS, PROPERTY LOSS, DEATH OR OTHER LOSS SUSTAINED, RESULTING FROM, OR AGGRAVATED BY USE OF THE BIKE(S): Mechanical failure of the Bike(s) 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 riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams, and creeks; changing weather conditions; collision with pedestrians or animals, motor vehicles, and cyclist; negligence of other participants and negligence of company, bike distributors and manufacturers.

8.      Waiver and Release: YOU, or the person under age 18 and above age 16 who I am signing on behalf of, AGREE TO WAIVE AND FOREVER DISCHARGE ANY AND ALL CLAIMS that you have or may in the future have against the Company, Cruz E Bike Rentals LLC, Bike manufactures, distributors, agents, officers, employees and representatives (“Releasees”) from any and all liability for any loss, damage, expense or injury, including death, that you may suffer or that your next of kin may suffer, as a result of your participation in the use of the Bike(s) DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLEGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF COMPANY, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE BIKE(S), or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Bike(s).

9.      Indemnity: You, or the person under age 18 and above the age of 16 who I am signing on behalf of, shall indemnify and defend and hold Cruz E Bike Rentals LLC its successors, and assigns harmless from an against, any and all liabilities obligation, losses, damages, claims, and all costs and expenses thereof (including reasonable legal fees and expenses) in any way relations to or arising from your use and rental of the Bikes(s), including, without limitation, the purchase, ownership, rental transportation, delivery, installation, leasing, possession, use, operation, maintenance, storage and return of such Bike, however arising, in connection with any event, excepting, however, any liabilities, obligations, losses, damages, an claims resulting solely from the willful misconduct of Cruz E Bike Rentals LLC. I further understand and agree, for myself or the person under age 18 and above the age of 16 who I am signing on behalf of, to fully reimburse Cruz E Bike Rentals LLC for any damage caused to the property of Cruz E Bike Rentals LLC as a result of my participation in the Activities. My participation is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.

YOU HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND ITS CONTENT. YOU CERTIFY YOU ARE OF EIGHTEEN YEARS OF AGE OR OLDER AND HAVE READ AND AGREED TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT ON BEHALF OF YOURSELF AND ANY MINOR BIKE RIDER LISTED HEREIN. YOU ARE AWARE THAT YOU ARE WAIVING CERTAIN RIGHTS WHICH YOU, YOUR NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST CRUZ E BIKE RENTALS LLC AND OTHER RELEASES.