Hammer Down Ride Center

Terms of Service for Customers

and Waiver and Release of Liability

4414 Costello Way Haymarket, VA 20169

www.hammerdownridecenter.com

240-531-3303

Mike@hammerdownridecenter.com

HAMMER DOWN RIDE CENTER rents performance bicycles and certain equipment ("RENTAL BIKE”) on the following terms and conditions (“AGREEMENT”). These terms and conditions (“Terms and Conditions”) are between you, the person making use of the Service, and legal guardian of any minor using the Service (“you”, “your”, “Customer”, “Renter”) and Hammer Down Growth Consultants, LLC, doing business as Hammer Down Ride Center and HDGC (“Hammer Down Ride Center”, “we”, “us”, or “our”), and describe your rights and responsibilities when using our services (the “Service”). Please read them carefully. These Terms and Conditions are a legally binding contract between you and Hammer Down Ride Center. Upon completion of a booking or reservation, you confirm that you have read, understand, and agree to be bound by these Terms of Service along with any other terms that you’re provided with during the booking process, and agree to any additional charges to the credit card on file based on this Agreement. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting.  By using our Services after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms and Conditions. 

By signing this document, the parent or guardian agrees to each of the provisions below. 

WE ARE RENTING A RENTAL BIKE TO YOU. YOU ARE RESPONSIBLE FOR THE RENTAL BIKE FROM THE TIME YOU TAKE POSSESSION OF IT UNTIL IT IS RETURNED IN KEEPING WITH THIS AGREEMENT. YOU AGREE THAT YOU WILL BE THE ONLY PERSON WHO RIDES THE RENTAL BIKE. YOU AGREE THAT THE RENTAL BIKE WILL REMAIN IN YOUR POSSESSION AT ALL TIMES. YOU AGREE TO SUPERVISE ANY MINOR USING A RENTAL BIKE.

1. Insurance. You are responsible for carrying your own travel, health, and dental insurance to cover personnel medical care in case of accident, loss due to cancellation, and any third-party liability that may arise from the use of the Rental Bike by RENTER. No coverage is available from HAMMER DOWN RIDE CENTER to insure you or the Rental Bike from loss in case of damage, theft or other liability incurred in the use of the Rental Bike.

IF YOU ARE INJURED OR INJURE ANYTHING OR ANYONE DURING THE TERM OF THIS AGREEMENT, YOU ARE FULLY AND SOLELY RESPONSIBLE FOR ALL ASSOCIATED CLAIMS, OBLIGATIONS AND LIABILITY. HAMMER DOWN RIDE CENTER DOES NOT OFFER OR PROVIDE ANY INSURANCE OR OTHER ASSURANCES, SERVICES, OR PROTECTION.

2. Use of Rental Bike. You are aware that many roads are poorly maintained and may have blind corners and are aware that such hazardous conditions do exist and you agree to operate the Rental Bike in a safe manner for all road conditions. Furthermore, it is the responsibility of RENTER to operate the Rental Bike in a manner appropriate to any and all prevailing road and weather conditions including but not limited to the following: 

a) RENTER agrees to wear a helmet while operating the Rental Bike.

b) RENTER knows the relevant rules of the road and practices safe cycling.

c) RENTER has experience operating a bike(s) similar to the Rental Bike.

d) RENTER will operate the bike only during daylight (from sunrise to sunset). (Rental Bike is not provided with equipment for nighttime riding.)

e) RENTER is physically and mentally able to ride a bike, and is familiar with the physical and mental requirements, and the risks involved.

f) RENTER is competent to perform a safety check, and will personally perform a safety check of the Rental Bike prior to use.

g) RENTER, and legal guardian of any minor, agrees to supervise any rider under the age of 18 years at all times.

3. Theft, Loss, Damage, Deposit. You are responsible for any and all damage to the Rental Bike. This includes but is not limited to any form of loss, theft, or damage to the Rental Bike, you, other persons, and property. RENTER accepts the equipment from us “as is”, and accepts full financial responsibility for the care of the Equipment while it is in the RENTER’s possession; including, but not limited to flat tires and paint scratches. 

A valid credit card is required as security in case of theft and/or damage for each Rental Bike prior to the commencement of the rental period. In case of loss, theft or damage an amount equal to the full retail value of the Rental Bike will be charged to the credit card to replace the bike. If for any reason, the charge is not approved, you remain responsible for payment in full. Otherwise, all repair costs, if any, will be charged to the RENTER. If the RENTER has paid by other means then the RENTER will need to provide a credit card charge authorization as security for the duration of the Bicycle Rental.

YOU ARE RESPONSIBLE FOR ANY AND ALL OTHER FEES, CLAIMS, EXPENSE, OR OBLIGATIONS TO PERSONS OR PROPERTY DURING THE TERM OF THIS AGREEMENT. YOU ARE OBLIGATED TO CONTACT HAMMER DOWN RIDE CENTER IMMEDIATELY IN THE CASE OF ANY RENTAL BIKE LOSS, DAMAGE, MECHANICAL FAILURE, ACCIDENT OR ABNORMALITY.

4. Release and Waiver of Claims. RENTER understands and agrees to release HAMMER DOWN RIDE CENTER for all liability, including any negligence, in causing in whole or in party any injury or damage. RENTER does hereby remise, release, and forever discharge HAMMER DOWN RIDE CENTER OR HAMMER DOWN GROWTH CONSULTANTS, LLC, and HAMMER DOWN RIDE CENTERS (HDGC), owners, personnel, agents, representatives, successors, and assigns (and all of their heirs, executors, administrators and personal representatives) of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which RENTER ever had, now has, or which RENTER's heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Rental Bike; or in any way arising out of the rental relationship or any between RENTER and HAMMER DOWN RIDE CENTER. 

YOU RECOGNIZE THAT CYCLING IS AN INHERENTLY DANGEROUS ACTIVITY AND REQUIRES THE RIDER TO BE EXPERIENCED, LAW ABIDING, AND DEFENSIVE. HAMMER DOWN RIDE CENTER STRONGLY RECOMMENDS THAT CYCLISTS RIDE IN A GROUP AND CARRY YOUR INSURANCE CARD AND EMERGENCY CONTACT INFORMATION WITH YOU WHILE RIDING. RIDER EXPRESSLY ASSUMES ALL RISK AND LOSS, DAMAGE OR INJURY OCCURRING AS A RESULT OF BIKE RIDING. RISKS INCLUDE, BUT ARE NOT LIMITED TO DEATH, INJURY TO BODY, DAMAGE TO BIKES, GEAR, AND CLOTHING, AND DAMAGE TO AND/OR INJURY TO OTHERS.

RENTER hereby releases HAMMER DOWN RIDE CENTER and its agents and employees from and against any and all liability arising during the rental period. RENTER acknowledges that they are aware of the risks involved with cycling, including, but not limited to, the risks of mechanical failure; equipment failure; inability to control the speed or direction of the bicycle; collisions with, among other things, people, animals, inanimate objects, natural object, other bicyclists, automobiles, physical exertion, forces of nature, accidents, travel via any mode of transport, adequacy of medical facilities, or negligence (other than willful or fraudulent) on the part of employees, agents or others of HAMMER DOWN RIDE CENTER.

RENTER agrees that if, despite my release, any person on my behalf makes any claim against any of the aforementioned released parties falling within the scope of the release set forth in this Agreement, I will indemnify and hold harmless all of the released parties from and against such claim and any associated litigation expenses, attorneys’ fees, losses, liabilities damages or other costs any of them may incur.

5. Terms. RENTER acknowledges and agrees that HAMMER DOWN RIDE CENTER maintains no control over the operation of the Rental Bike by RENTER. Accordingly, HAMMER DOWN RIDE CENTER   assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of: 

a) any wrongful, negligent or accidental acts or omissions on the part of the RENTER or the RENTER's agents;

b) any defect in or failure of any vehicle, equipment or instrumentality owned, operated or otherwise used by the RENTER; or

c) any wrongful or negligent acts or omissions on the part of any other party not under the control, direct or otherwise, of HAMMER DOWN RIDE CENTER.  RENTER agrees to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake.

RENTER agrees that this Agreement and the terms herein are binding on them, their family members, heirs, successors, assigns, dependents and/or minors accompanying them, and their legal representatives.

RENTER acknowledges and agrees that HAMMER DOWN RIDE CENTER and its agents have the right to refuse participation by any person for any or no reason. Any dispute arising out of these matters whatsoever, shall be resolved in binding arbitration/adjudication under the laws of the Commonwealth of Virginia. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder. This Agreement shall be governed and construed in accordance with the laws of Virginia (excluding the laws applicable to conflicts or choice of law)

6. Equipment Supplied. RENTER may supply items for fitting to the Rental Bike. HAMMER DOWN RIDE CENTER is not responsible for any loss of or damage to client supplied equipment howsoever occasioned. All instructions for the use of the Equipment have been provided to RIDER and RIDER fully understands how to use the Equipment. RIDER agrees that the Equipment is working properly upon taking possession of the Equipment. 

7. Limited Liability. HAMMER DOWN RIDE CENTER's liability for damages for any cause, regardless of the form of any claim or action, shall not exceed the amount of rental fees paid to HAMMER DOWN RIDE CENTER under this Agreement. HAMMER DOWN RIDE CENTER PROVIDES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Collection Costs and Prevailing Party. If for any reason, HAMMER DOWN RIDE CENTER is required to engage an attorney or collection agency to collect any amounts that are due it under this Agreement, and HAMMER DOWN RIDE CENTER is successful in such action, RENTER agrees to reimburse HAMMER DOWN RIDE CENTER for all costs and reasonable attorney's fees incurred by HAMMER DOWN RIDE CENTER in connection with enforcing its payment rights. The non-prevailing party shall indemnify the prevailing party for all reasonable expenses incurred in prosecuting any dispute, including but not limited to, attorney's fees.

9. Return Policy. You must return the Rental Bike on the agreed upon date/time at the agreed upon location unless you contact HAMMER DOWN RIDE CENTER at least 24 hours in advance and a mutually alternative date/time or location is agreed upon. Remember to return the bike and all the rental equipment in the condition you received it to avoid additional charges. Additional fees may apply for excessive cleaning and/or repairs beyond normal wear and tear.

10. Late Return Payment Policy. Should Rental Bike be returned late, then you may be responsible for additional rental fees plus any additional costs that may be incurred by  HAMMER DOWN RIDE CENTER as a result of your late return.

- 2 hrs after scheduled return time/date – 1 day of rental charged to renter's credit card on file.

- 3-23 hrs after scheduled return time/date – 2 days of rental charge to renter's credit card on file.

- 24hrs after scheduled return time/date HAMMER DOWN RIDE CENTER assumes the bike is lost or stolen and the full retail amount of rented bike will be charged to credit card on file.

11. Cancellation Policy. RENTER may cancel their reservation up to 2 weeks in advance for a full refund. Refunds will not be granted within 2 weeks of the rental period. HAMMER DOWN RIDE CENTER reserves the right to cancel rentals with full refund due to any circumstances at any time.

12. Privacy. Registration data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated herein. You are advised to review this Privacy Policy. We will maintain the privacy of your personal information in accordance with the Privacy Policy.  For more information, please review our full Privacy Policy.

Have fun, be safe and enjoy the ride.

HAMMER DOWN GROWTH CONSULTANTS, LLC