This E-Bicycle Rental, Release Of Liability, Waiver Of Claims, Assumption Of Risks And Indemnity Agreement (“Agreement”) contains the Terms and Conditions for your electric bicycle rental. This Agreement is between the bicycle renter (“Renter”) and ITZALLGOODS-SOUTH LAKE EBIKES, LLC (“SLEB”) and covers the rental of the electric bicycle and any related equipment and accessories such as tires, lights, rack, lock, helmet, safety gear, and related miscellaneous gear (“Bicycle”). 

AGREEMENT

Rental Fees:            

From the time identified on this Agreement until the Bicycle

is returned Renter agrees to pay the hourly, daily or multi-day rates as agreed upon reservation. Renter agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges. Renter also agrees to pay a reasonable fee for cleaning the Bicycle if the Bicycle is returned with excessive stains, dirt or debris attributable to Renter’s use.

Cancellation Policy:

If your plans change prior to 24 hours, no problem! Your reservation can be rescheduled, subject to availability, or we can issue you a refund. Reservations made within 24 hours of a scheduled event are final and cannot be changed.  If your reservation is cancelled less than 24 hours before the scheduled start time, you will be charged in full. Exceptions will be made for bad weather, or other unforeseen circumstances. Contact us by phone to cancel or inquire about a cancellation. No-shows will be charged full price.

Credit Reserve and Payment by credit card only: 

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 Bicycle rental at the rates indicated on the website and confirmed over the phone and via email. SLEB only accepts payment by credit card. Renter authorizes SLEB to charge Renter’s credit card any amounts due from Renter as a result of the Bicycle rental. Charges for loss and/or damage to the Bicycle. Renter understands that all charges are not final and are subject to audit of the returned bicycle. Renter specifically agrees and authorizes SLEB to make any charges by credit card if there is damage beyond normal wear and tear. 

Bicycle Return:        

Renter agrees to return the Bicycle to SLEB in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by SLEB. Renter agrees to return the Bicycle sooner if so demanded by SLEB. Renter understands that there may be rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.

Prohibited Use of the Bicycle: 

Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race or contest, or to be ridden on any unpaved roads, in dirt or through water, or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bicycle to be used for an illegal purpose. A violation of this paragraph automatically terminates the rental and makes Renter liable to SLEB for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.

Damage to Bicycle:

Renter shall pay SLEB for all losses and/or damage to the Bicycle, including theft or vandalism, regardless of fault. If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value. If the Bicycle is damaged beyond reasonable repair (as determined by SLEB), renter shall be responsible for the retail fair market value less any salvage value, if applicable. In addition, Renter shall also be responsible for the loss of use, administrative fees, as determined by SLEB or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Renter shall be responsible for paying loss of use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (1) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) rides recklessly; (3) rides while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and SLEB; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for an illegal purpose. Renter authorizes SLEB to collect from a responsible third party any applicable loss and/or damage. In the event SLEB obtains a recovery from a third party after Renter has paid SLEB for all or part of any loss, SLEB will refund to Renter any excess above the amount of the loss plus the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, Bicycle malfunctions, and hazards relating to weather conditions. Despite knowing all associated risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold SSEB harmless from all claims of injury or damage. Therefore, in consideration for the opportunity to rent a Bicycle from SLEB, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with SSEB. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of SLEB or its officers, employees and agents. 

Property left on Bicycle:           

SLEB is not responsible for personal property left on the Bicycle. Renter agrees to indemnify SLEB in this regard. Release Of Liability, Waiver Of Claims And Indemnity

Agreement:              

Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify SLEB, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on SLEB’s behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF SSEB), demands for loss, damages, injuries, or any other causes of action relating in any way to my Bicycle rental, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE SLEB OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM SSEB’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against SSEB, I agree to indemnify SLEB and pay all damages, costs, fees, expenses and attorney’s fees incurred by SLEB in defending such a lawsuit or such claims. In no event will SLEB’s liability to a Renter be greater than the amount of the fees paid by the Renter to SLEB for Bicycle rental, even if the amount of damages suffered by the participant customer may be greater than this amount. Furthermore, in no event will SLEB be liable for any indirect, special, implied, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring. EXCEPTIONS/EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS.

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Dispute Resolution, Arbitration And Governing Law:               

Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. The prevailing party shall be entitled to recover attorney fees and costs. You may not commence against SSEB or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in SSEB, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and SSEB or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against SLEB may be commenced only in the federal or state courts located in South Lake Tahoe, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and SLEB, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.

IF RENTING SUP:
I understand that my credit card will be charged for the entirety of the rental amount. I understand that I am solely responsible for the return of any and all recreational equipment (equipment is defined as stand up paddle boards, kayaks, personal flotation devices and accessories such as paddles that are included in the rental) and that it must be returned in the same condition in which I received it. I also understand that late returns will be charged at a rate of $25 per hour. No refunds due to inclement weather after delivery (a store credit may be issued for future use). I further understand and agree to pay for any and all damages (including replacement if recreational equipment is damaged, lost or stolen, not to exceed $550) to property rented from South Lake E Bikes caused by any negligent, reckless, or willful actions by myself or my family. 

ASSUMPTION OF RISK AND RELEASE: I acknowledge and accept that Stand Up Paddle boarding (SUP) and/or kayaking poses certain potential risks and I am aware of the dangers of SUP/kayaking and I assume full responsibility for personal injury to myself and (if applicable) my family members or other person I allow to use, and further release, discharge, hold harmless, defend and indemnify South Lake E Bikes and it’s owners, agents, officers and employees, El Dorado County for any and all claims of bodily injury, death, illness, loss or damage arising out of me or my family’s or friends use or anyone else I allow to use recreational equipment from South Lake E Bikes, however caused whether by the fault of me, my family, South Lake E Bikes, El Dorado County or third parties or natural conditions. I hereby agree that I am voluntarily renting, operating, participating or using equipment provided by South Lake E Bikes and assume all risk of injury and that South Lake E Bikes or El Dorado County is in no way responsible for me, my families or any third parties’ safety. I understand that South Lake E Bikes makes no guarantee as to the fitness or suitability of the recreational equipment. The laws of the State of California shall govern this document. 

SAFETY PROVISION: I understand the United States Coast Guard regulations requires that all paddlers have a US Coast Guard approved Personal Flotation Device (PFD) and that South Lake E Bikes and the State of California requires all paddlers under 12 to wear approved PFD at all times while on the water. We recommend everyone wears a PFD at all times while on the water.  I understand that I and all paddlers in my party must follow the rules and laws while recreating on waterways. I understand that Styrofoam or glass products and the possession of open plastic containers of 5 oz. or less is prohibited on the water. I understand that I cannot trespass on private property. I understand I cannot litter. I understand that public nuisance behavior will not be tolerated. I understand that it is not lawful to operate while intoxicated (loss of mental or physical features, or blood alcohol content of .08 or higher). 

AGE RESTRICTION: Kids under 12 years old are required to wear a life jacket.

ENFORCEABILITY: The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid and unenforceable provision shall be deemed not to be a part of this agreement.

NO DURESS: I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given reasonable opportunity to review before signing. I further agree that I have carefully read, know the contents thereof, and have signed this Release freely, knowingly and voluntarily. I further acknowledge that I am fully aware that I am waiving any right I have to bring a legal action to assert a claim against South Lake E Bikes for negligence or otherwise

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BY SIGNING BELOW, I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THE ITZALLGOODS, LLC ELECTRIC BICYCLE RENTAL, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.