Test
Ride/Rental eBike/Bike Waiver Form
THIS RELEASE STATES THAT
YOU ACCEPT FULL RESPONSIBILITY FOR ANY PERSONAL INJURY AND/ OR DAMAGE TO
EQUIPMENT PROVIDED BY BONDUBIKES FOR RENTAL OR TEST RIDE USE.
I ACKNOWLEDGE THAT BY
SIGNING THIS DOCUMENT, VIA CONSENT ONLINE OR IN PERSON, I AM ASSUMING RISKS,
AND AGREEING TO INDEMNIFY, NOT TO SUE AND RELEASE FROM LIABILITY BONDUBIKES,
LLC (DBA BONDUBIKES), AND EACH OF IT’S RESPECTIVE AGENTS, VENDORS, EMPLOYEES,
VOLUNTEERS, MEMBERS, SPONSORS, PROMOTERS AND AFFILIATES (COLLECTIVELY
"RELEASEES"), AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS
RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES. I HAVE READ IT
CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING
TO BY SIGNING.
In consideration of the
use of the test ride or rental bicycle provided to me by one or more of
Releasees, I hereby freely agree to and make the following contractual
representations and agreements.
I ACKNOWLEDGE THAT CYCLING
IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF RIDING A
BICYCLE, whether as a rider
or otherwise, and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION
INCLUDING, by way of example, and not limitation: the dangers of collision with
pedestrians, vehicles, other riders, and fixed or moving objects; the dangers
arising from surface hazards, including pot holes, equipment failure,
inadequate safety equipment, THE RELEASEES' OWN NEGLIGENCE, the negligence of others
and weather conditions; and the possibility of serious physical and/or mental
trauma or injury, or death associated with the activity of cycling. For myself,
my heirs, executors, administrators, legal representatives, assignees, and
successors in interest (collectively "Successors") I HEREBY WAIVE,
RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the
Releasees and their respective agents FROM ANY AND ALL RIGHTS AND CLAIMS
INCLUDING CLAIMS ARISING FROM THE RELEASEES' OWN NEGLIGENCE, which I have or
which may hereafter accrue to me, and from any and all damages which may be
sustained by me directly or indirectly in connection with, or arising out of,
my use of any bicycle, electric or otherwise, provided by BONDUBIKES.
I agree it is my sole
responsibility to continually ride so as to neither endanger myself nor others.
I ACCEPT RESPONSIBILITY FOR THE CONDITION AND ADEQUACY OF THE TEST RIDE OR
RENTAL BICYCLE AND MY CONDUCT AND AGREE TO IMMEDIATELY CEASE RIDING THE TEST
RIDE OR RENTAL BIKE IF ANY PROBLEM SHOULD ARISE WITH ITS OPERATION. I agree to
wear a helmet which satisfies the requirements of the United States Consumer
Product Safety Commission and that can protect against serious head injury, and
assume all responsibility and liability for the selection of such a helmet. I
have no physical or medical condition which would endanger myself or others, or
would interfere with my ability to use the bicycle provided by BONDUBIKES. I
agree, for myself and my successors, that the above representations are
contractually binding, and are not mere recitals, and that should I or my
successors assert a claim contrary to what I have agreed to in this contract,
the claiming party shall be liable for the expenses (including legal fees) incurred
by the Releasees in defending the claims.
DEPOSIT: To rent, BONDUBIKES
require a credit card on file for each unique rental, plus the driver’s license
of the renting party. Renters credit card will be charged for the price of the
rental at the time of booking. Customer shall be financially and legally
responsible for all damages and repairs necessary to said equipment. If any
action is brought to enforce any of the terms of conditions of this agreement,
or to recover any sums due to hereunder, customer agrees to pay attorney fees,
court costs, or other expenses.
NO SHOW: No refunds will
be issued for no shows.
WEATHER RELATED
CANCELLATION: BONDUBIKES will work with renters that are unable to occur due to
weather. A minimum of 2-hour notice is requested should renter desire
cancellation due to weather. BONDUBIKES will offer voucher for a new rental
date. Said voucher will be valid for one year from original booking date.
LATE RETURN FEE: An
additional hourly, half day or full day(s) rental fee, depending on actual time
of return, will be charged for each hour, half day or full day customer keeps
equipment after the return time/date specified. All equipment must be returned
directly to BONDUBIKES physical location at 13 Main Street SE, Bondurant, IA 50035
no later than store closing hours.
OPERATION: BONDUBIKES
rental equipment must be used withing the local, state, & federal laws.
Bikes should only be operated on legal bike paths and streets.
This contract may not be modified
orally, and a waiver or modification of any provision shall not be construed as
a waiver or modification of any other provision herein or as a consent to any
subsequent waiver or modification. I consent to the release by any third party
to Releasees and their insurance carriers of my name and medical information
that may relate solely to any injury or death I may suffer arising from the
event. Every term and provision of this contract is intended to be severable.
If any one or more of them is found to be unenforceable or invalid, that shall
not affect the other terms and provisions, which shall remain binding and
enforceable.
I AGREE NOT TO RIDE ON TRAILS THAT ARE
CLOSED OR TO TRESPASS ON POSTED LAND.
I ACKNOWLEDGE FULL RESPONSIBILITY FOR
THE SAFETY OF MY GROUP AND AGREE THAT ALL MEMBERS WILL RIDE SAFELY AND
RESPONSIBLY.
I UNDERSTAND THAT I AM RESPONSIBLE FOR
RETURNING ALL EQUIPMENT LISTED BELOW AND THE COST OF ANY LOST OR DAMAGED GEAR
WILL BE CHARGED TO MY CREDIT CARD.