BIKE RENTAL AGREEMENT EXPRESS ASSUMPTION OF

RISK/ RELEASE OF LIABILITY FOR NEGLIGENCE

Please read this before you agree to our Terms & Conditions!

THIS EQUIPMENT RENTAL AGREEMENT IS MADE AND ENTERED INTO AS OF TODAY. BY AND BETWEEN THE UNDER SIGNED AS LESSEE (the “Lessee”) and Kafe Racer LLC, as Lessor (the “Lessor”).

1. The Lessee hereby expressly assumes all risks, seen and unforeseen, of operating any equipment subject to this lease agreement and hereby agrees not to sue the Lessor for negligence in the event the Lessee is injured in any way as a result of the operation of this equipment.

2. The Lessee acknowledges that the operation of the equipment subject to this lease included the possibility of accidental injury or death to operation on hazardous travel conditions which may be present at the time of the use but are not limited to ruts, potholes, gravel, sand, roads slippery due to oil and/or water, animals and/or other traffic and the Lessee hereby agrees to assume the risk of any injuries resulting of the above-named hazards and any other hazards encountered while operating the equipment in question.

3. Lease of Equipment. The Lessor hereby agrees to rent to the Lessee, and the Lessee hereby agrees to rent form the Lessor, the equipment specified on this agreement hereto (collectively, the “Equipment”) upon the terms and conditions in this Agreement. 

4. Fees and Conditions of Equipment. The Lessee shall pay all charges set forth on this agreement hereto and return the Equipment at the time designated by the Lessor and in the same condition as when possession of Equipment was delivered by the Lessor to the Lessee. The Lessor reserves the right to charge additional late or damage fees to the credit card of the Lessee. In the event that only one Lessee provides identification and signs this Agreement and there are multiple users of the rental agreement, that signator shall accept complete responsibility for those additional Lessees, according to this contract. This responsibility shall also extend to the party that has paid for charges with a credit card. In the event of any late charges or damages, that party accepts full responsibility for paying any other renters’ obligations to the Lessor and agrees to let the Lessor make additional charges to their credit card, if necessary. 

4.1 Applicability of Agreement. The Lessee acknowledges and agrees that he has read this Agreement and understands all of the terms and provisions contained herein.

5. Sole Use. The Lessee shall be the sole and exclusive user of the equipment. The Lessee acknowledges and agrees that the lesser may bring a charge of fraudulent conveyance against the Lessee if anyone other than the Lessee uses or operates the Equipment.

6. Minors. If user of Equipment is to be a minor, the minor’s parent or legal guardian must also execute this Agreement as an additional lesser. The parent or guardian agrees to be fully bound by the terms of this Agreement as a party hereto and to undertake the legal obligations hereto, including those imposed by the rental payment, waiver, and indemnification provisions.

7. Risk of Loss. The Lessee shall pay for all damages to or loss of the Equipment until the Equipment is returned to the Lessor’s possession.

8. Liability of Lessee. The Lessor shall instruct the Lessee as to the safe operation of the Equipment and will permit the Lessee to take the Equipment for a test ride to determine the suitability for rental. The Lessee agrees not to leave any instructor’s supervision and nor take possession of the Equipment until he is fully trained in the safe and proper use of the Equipment. The Lessee shall be solely liable for and shall indemnify and save harmless the Lessor from any property damage or personal injuries to self, passengers, and/or third parties arising from the use of the Equipment while under the Lessee’s possession, control, or operation.

9. Repossession.The Lessor reserves the right to repossess the Equipment at any time should the Lessee violate any local and/or state regulations, statutes, and laws dealing with the operation of the Equipment or any of the terms and conditions of this Agreement.

10. Rights upon Repossession. The Lessor may repossess the Equipment for improper operation as deemed by the Lessor, in its sole discretion, and therefore shall be no refund to the Lessee of amounts previously paid by the Lessee to the Lessor hereunder in the event of such repossession. 

11. Warranty Disclaimer. THE LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE. In no event shall any defect or unfitness of, any of the Equipment relieve the Lessee from his/her obligation to pay rent for such Equipment or to make any other payments required hereunder or any other obligation of the Lessee hereunder. 

12. Headings. The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of the Agreement or provision hereof. 

13. Governing Law. This Agreement shall be governed by and constituted in accordance with the laws of the State of Florida. The parties hereto acknowledge and agree that the terms of this Agreement are binding under, the state and local laws relating to the subject matter hereof.

 It is the intention of the Lessee by this Agreement to exempt and release The Bike Lab LLC and its agents, servants and/or employees and all related entities from all liability whatsoever for personal injury, property damage, or wrongful death caused by negligence of any party. 

-The lessee hereby gives The Bike Lab LLC permission to take a copy of a valid driver’s license and credit card to keep on file until the equipment is returned.

-The Lessee hereby gives The Bike Lab LLC permission to charge the credit card in case any of the equipment is lost, stolen or damaged or charge a late fee if the equipment was returned late.

-The Lessee acknowledges that at the time the equipment was/is picked up, all equipment was safe and in good working condition.

-The Lessee acknowledges that some Florida state laws are listed in this document but it is the Lessees responsibility to abide by and stay up to date on the most current Florida state laws and regulations.

OBSERVE THESE BIKE RULES: 

1. Do not ride bikes while under the influence of alcohol or drugs.

2. There will be a $10 fine for bikes returned without a lock.

3. There will be a $20 fine for bikes returned without a helmet or lights.

4. No more than one rider on a one-person bike 

6. ONLY ride at night when the bikes are equipped with lights

7. Lessee shall be charged the cost of the bike in case of loss or theft

8. Ride in a single file and on the correct side of the bike path 

9. Look both ways when crossing roads/driveways

10. Bike helmets are required by law for anyone under the age of 16. Bike helmets are recommended and are free for adults.

By electronically agreeing, I (Lessee) acknowledge that I have read, understand, and agree to follow all of the above terms/conditions, bike rules, and Florida bike laws.