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RENTAL AGREEMENT
l. General
These terms and conditions form a rental agreement (herein "Agreement"), which consists of this Rental Agreement, the Terms and Conditions stated herein, and a return document with final changes.
This agreement is between the bicycle renter as identified in this Agreement (herein "Renter") and Xavier Corp dba Slope Style, (herein “the Store”) and covers the rental of the bicycle equipment (' 'Bicycle") for the purpose of Rental Agreement.
The word "Bicycle" means the two- wheeled electric bicycle provided to Renter by the Store and includes the frame, 2 tires, seat, electric power, battery, lights, as well as miscellaneous equipment, accessories (bike rack, lock) and helmets upon request.
2. Authorized Drivers/Prohibition on Passengers
No other person may drive or otherwise operate Bicycle except the Renter. Renter is prohibited from carrying any passengers on the Bicycle at any time.
Renter may not add any kind of seat or modification to have someone to ride on the rear fender, and no one may ride on the handlebars at any time. Renter is prohibited from pulling or towing any passenger or object with the bicycle at any time unless equipment is provided by the Store.
Renter must be at least 18 years of age and have a credit card with an active account. A minor can ride if an adult is present and signs for said minor.
No one other than the Renter is allowed to ride the Bicycle at any time.
3. Bicycle Return
Renter agrees to return- the bicycle to the Store 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 the Store at time of rental.
Renter agrees to return the bicycle sooner if so demanded by the Store. Renter understands that there may be a rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.
4. Rental Charges
From that time identified on the front side of the Rental Agreement until the Bicycle is returned Renter agrees to pay the minute, hourly, and daily rates as indicated on the front side of the Agreement.
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 the cleaning of the Bicycle if the Bicycle is returned with excessive dirt or soilage attributable to Renter's use.
5. Start of Rental
The rental commences after the Store representative has informed the Renter of the proper and safe operation of the Bicycle and any additional instruction(s} as may be requested by Renter and Renter is aware of all dangers associated with operation the Bicycle, including the dangers of riding in traffic, on streets, or other locations and that natural and man-made hazards may exist. Renter agrees to assume all the risks associated with operating Bicycle.
6. Repossessing the Bicycle
The Store may repossess the Bicycle at any time if:
The Bicycle is used in violation of the law, it appears the bicycle is abandoned, the Bicycle is used in violation of any term or condition in this Agreement Renter made a misrepresentation of the Store, or Renter fails to return the Bicycle when done.
The Store is not required to notify Renter in advance of repossession.
7. 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 without prior consent, or to be driven on designated trail if specifically prohibited, 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, including the transportation of a controlled substance or contraband.
A violation of this paragraph automatically terminates the rental and makes Renter liable to the Store for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
8. Damage to Bicycle
Renter shall pay the Store for all losses and/or damage to the Bicycle, regardless of fault (e.g. Renter agrees to pay for the loss even though someone else caused the damage or is at fault). Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible. If the Bicycle is damaged, Renter agrees to pay the reasonable costs repair and diminution in value (if any). If the Bicycle is damaged beyond reasonable repair (as determined by the Store), Renter shall be responsible for the retail fair market.
In addition to the above, Renter shall also be responsible for the reasonable downtime ("Loss of Use"), reasonable administrative fee as determined by the Store 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 violate any prohibited use or operation as specified in this Agreement; (2) drives recklessly; (3) drives while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and the Store; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; (7) uses the Bicycle for an illegal purpose.
Renter authorizes the Store to collect from a responsible third party any applicable loss and/or damage. In the event the Store obtains a recovery from a third party after renter has paid the Store for all or part of any loss, the Store will refund to renter any excess above the amount of the loss plus administrative fees and other incurred collection and cost and attorneys' fees.
9. Accidents & Third-Party Claims
The Store is not responsible if Renter causes injury to themselves, another person or if Renter damages another Bicycle, vehicle, or personal property of another. Renter agrees to indemnify and defend the Store and pay any claim brought by a third party arising out of a Renter's use of the Bicycle and for any liability associated with any personal accident/injury because of Renters use of the Bicycle.
Renter assumes risk of injury. Renter fully assumes all risks, including but not limited to death or serious bodily injury, which may result from the operation of the Bicycle. Renter acknowledges all the risks of operating a Bicycle on streets, roads, bypass, bike lanes, and in traffic, including but not limited to the risks of serious bodily injury or death from falling off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffer sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, and hazards relating to weather conditions.
Despite knowing all associated risks, Renter freely assumed all risk of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold the Store harmless from all claims of injury or damage.
10. Payment
Renter agrees to pay up on demand:
All rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Bicycle rental. Charges for loss and/or damage to the Bicycle in accordance with paragraph 8.
Renter understands that all charges are not final and are subject to audit. Renter specifically agrees and authorizes the Store to make any charges by the method of payment used by Renter at time of reservation and/or rental, including renters credit card if that form of payment is utilized
11. Credit Reserve and Payment Renter understands the Store may require a deposit (to be used against the final bill) that will be refunded at the close of the transaction if Renter returns the Bike in acceptable terms as discussed in this Rental Agreement. Renter authorizes the Store to place any amount(s) due from Renter for the rental or any damages because of the Bicycle rental onto Renter's credit card, if that form of payment is utilized.
12. Property Left in Bicycle
The Store is not responsible for any personal property left on the bicycle; a Renter assumes all risk of loss if Renter leaves any such personal item. Renter agrees to indemnify the Store in the event some third person leaves any personal items on the Bicycle.
13. Collections
All charges, fees and expenses, including payment for loss of damage to the Bicycle, are due upon the Store demand.
If Renter does not pay all charges when do, Renter agrees to pay a charge of 1.5% per month on the past due balance. If collection or legal action is necessary, Renter agrees to pay all the Store collection costs and reasonable attorney's fees. If any check is not honored by a financial institution, Renter will be assessed a service charge of $35.00.
14. Fines and Expenses
Renter is responsible for paying all fines, tickets, fees, assessments, court costs, and recovery expenses for any parking, traffic, or other violations, including storage liens and charges, incurred or imposed during the rental of the Bicycle.
Renter understands that driving under the influence (DUI} applies to operators of Bicycles and agrees to take appropriate actions and precautions so that Renter is not in danger of law violations.
15. General Provisions Renter represents that the information contained in this Rental Agreement is true, accurate, and complete. If any information is not true, accurate or complete in any respect, Renter agrees that the Store has the right to terminate this Agreement with or without notice.
Renter agrees that Renter will be responsible for any unauthorized repairs or modifications to the Bicycle. enter understands that the Store rentals will not reimburse Renters for any authorized repairs without receipt(s).
Renter understands that in no event shall Renter be deemed to be an agent, servant, or employee of the Store in any manner for any purpose whatsoever.
Renter agrees that the Store does not waive any rights under this agreement except in writing signed by the Store officer.
All information in this Rental Agreement is correct and I agree to all the terms and conditions set forth in this agreement
the Store recommends that all users wear helmet and other safety gear, and they seek instruction from the Store staff in the safe operation of the rented equipment. the Store requires Participants under 18 years old to wear a helmet.
Helmets could prevent injury, death, or permanent brain damage in the event of an accident.