This is a legally binding release, waiver, discharge and covenant not to sue, made voluntary by me, the undersigned renter, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives, next of kin and assigns (hereinafter collectively, “Renter,” “I” or “me”, which terms shall also include Renters parents or guardians, if renter is under 18 years of age). As the undersigned renter, I fully recognize there are dangers and risks to which I may be exposed by participating in renting a Bicycle or E-bike and accessories ( the “Activities”). I acknowledge and agree to the following rental agreement terms and conditions:
_______ Bicycles are rented out clean and in proper working condition and must be returned in the same manner as received,
_______Bikes are maintained on a daily basis. It is my responsibility to check the Bicycle or e-bike at the store BEFORE setting out on any ride. I agree to return the bike in clean, UNDAMAGED condition to avoid any ADDITIONAL CHARGES for repair, maintenance, or replacement. The Bicycle, E-Bike, helmet and any other accessories rented from PBR must be returned 15 minutes prior to closing time of day rented. Late returns could be subject to additional fees. I agree to provide Pro Bike + Run with credit card details, for precautionary use only; I authorize Pro Bike + Run to charge the authorized credit card that is left on file for any and all additional fees. In case of damages to bicycles, e-bikes and or equipment during the rental period, comprehensive labor, except in the case that I can demonstrate others faults with evidence and all necessary information for a reimbursement. I agree to properly secure/lock all borrowed equipment in legal locations when not in my possession. I accept the use of the equipment, AS IS, in good condition and accept full responsibility for care of the equipment while under my possession. Damaged parts or components will be repaired/replaced at the shops discretion and I agree to pay regular shop rates and or retail price for the components replaced. Clean conditions means that normal wear and tear is expected but does not include broken spokes, rims, bent rims, damaged frames, handlebars, seat or other parts from misuse and/or crashes. Note: All bikes should be returned clean and free of debris. Any bikes not returned cleaned will be assessed and may result in an additional 1 hour fee. IN CASE OF THEFT I will be held responsible for reimbursing Pro Bike + Run for the original price of the bicycle and or equipment loaned during this contract. I affirm that I have adequate medical and health insurance to cover any medical assistance I may require, that any passenger or person for whom I am responsible for also has adequate medical and health insurance to cover any medical assistance they may require. By renting Pro Bike + Run's equipment, I CONSENT TO THE USE OF ANY PHOTOGRAPHERS,PICTURES,FILMS, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other uses, and I expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same. ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT: Assumption of risk: I understand and accept that renting this bicycle and or e-bike and equipment and participating in bicycling exposes me/ my child to many hazards that may entail unavoidable risks of death, personal injury (including but not limited to sever spinal or head injury) and loss of or damaged to property. I fully understand these risks and dangers may be caused by my own actions and or inactions, that actions or inactions of others, the conditions in which the activities take place or the negligence of the “releases” named below. In addition, there may be other risks and social and economic loses other known or unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility of risks and injury, death, illness, or disease, or damage to myself, my property, third parties or their property and or Pro Bike + Run's property, arising from my rental of the bicycle, e-bike (equipment). I also understand my/ I should be in good health to participate in bicycling, and I confirm that I/my child has no significant health issues that prevent my child or I from participating in bicycling. My rental of the bicycle ( any equipment) is purely voluntarily, no one is forcing me to participate, and I elect to participate despite the risks.
WAIVE AND RELEASE: In consideration of Pro Bike + Run's renting me/ my child this bicycle, e-bike, and or equipment, I specifically release and forever discharge Pro Bike + Run and its affiliates, offices, owners, agents, and employees from any and all liability or claims for injury, illness, ( including but not limited to COVID-19), death or loss of or damage to property which I/my child may suffer while renting this bicycle, e-bike and participating in bicycling. This discharge specifically includes, but not limited to, liability or claims of injury, illness, death, or damage caused by the negligence of the Releasees. It is my intent to release Pro Bike + Run and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, weather caused by negligence of Pro Bike + Run or whether based upon breach of contract, breach of warranty, or any other legal theory. I further agree that if despite this release of liability or waiver, assumption of risks, and indemnity agreement I, or any one on my behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as a result of such claim. In signing this document, I fully recognize that if injury, illness, death, or damages that occur to me or my child while I am engaged in renting this bicycle or e-bike, as a result of the Activity or participating bicycling, I will have no right to make a claim or file a lawsuit against the Releasees, even if they or any of them neglectfully cause my injury/my child injury, illness, death or damage.
My signature below indicates that I have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between Pro Bike + Run, its agent or employee, and myself. This cannot be modified or changed in any way by the representation or statements of any employee or agent of Pro Bike + Run or by me. If any position of this agreement is unenforceable the remaining portion shall remain in full force and effect. All renters are subject to acceptance by Pro Bike + Run.
