English Bay Bike Rentals
PLEASE
READ THIS AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT YOU WILL
WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM
COMPENSATION FOLLOWING AN ACCIDENT.
Bicycle
Safety
I
represent and warrant to the Company that:
I
am familiar with the prudent and safe use of the Rental Equipment;
I
have been advised to wear an approved helmet while cycling; and
I
am aware that the use of the Rental Equipment is subject to
applicable municipal and provincial traffic regulations and other
laws (the “Applicable
Laws”).
I
hereby agree that I will use the Rental Equipment as would a prudent
operator in a prudent and safe manner and in accordance with all
Applicable Laws. Without limiting the generality of the foregoing,
I will ensure that I use all advisable safety equipment, including
an approved helmet, while operating the Rental Equipment.
Assumption
of Risks
I
am aware that the use of the Rental Equipment involves risk,
dangers, and hazards which could result in damage,
loss or physical injury, including death, to me, persons for whom I
am responsible and third persons (collectively, the “Assumed
Risks”). These
Assumed Risks include, but are not limited to: mechanical failure
of the Rental Equipment; improperly adjusted or maintained Rental
Equipment; negligent design or manufacture of the Rental Equipment;
variation or steepness in terrain; variation in the bicycling
surface; changing weather conditions; difficulty or inability to
control one’s speed and direction; rapid or uncontrolled
acceleration on hills; loss of balance; collision with manmade and
natural objects including trees and rocks; collision with vehicles,
cyclists, pedestrians, or other persons; health risks including but
not limited to overexertion, dehydration, fatigue, and lack of
fitness and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING
FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO
PROTECT OR SAFEGUARD ME FROM THE RISKS, DANGERS, AND HAZARDS
ASSOCIATED WITH THE USE OF, OR TO MAINTAIN, THE RENTAL EQUIPMENT.
I
agree that I fully understand and acknowledge such Assumed Risks and
I FREELY ACCEPT AND ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL
ASSUMED RISKS and the possibility of personal injury, death,
property damage and loss resulting therefrom.
Accept full financial responsibility for the Rental Equipment at replacement value during the rental period.
Unless otherwise agreed upon, return the Rental Equipment on the day of the rental
Release
of Liability, Waiver of Claims and Indemnity
I
hereby agree, on my own behalf and on behalf of my heirs, next of
kin, executors, administrators, successors, assigns, representatives
and those for whom I am in law responsible (collectively, the
“Releasors”):
to
irrevocably, unconditionally and forever WAIVE ANY AND ALL CLAIMS
that I or any Releasor may have or may in the future have against
the Releasees and TO RELEASE, DISCHARGE, AGREE TO INDEMNIFY AND
SAVE HARMLESS THE RELEASEES from any and all liability for any
damage, expense, or injury including death I or any Releasor may
suffer resulting from or arising out of any aspect of my use of the
Rental Equipment or the Premises DUE TO ANY CAUSE WHATSOEVER,
INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR
BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE
OCCUPIERS LIABILITY
ACT R.S.B.C. 1996 C.337;
and
TO
HOLD HARMLESS AND INDEMNIFY THE RELEASEES
from any and all
liability for any damage to property of or personal injury to any
third party resulting from my use of the Rental Equipment.