Jackson Hole Bikes To Go LLC

Terms and Conditions Agreement

BOOKING DEPOSIT/Cancellation Policy: Upon submission of my Rental Reservation, I, the cardholder, hereby authorizes JHBTG to charge a booking deposit of 100% of my rental total to my credit card. I understand that inside of two weeks to my rental date this deposit is only 50% refundable, and inside of 72 hours to my rental date this deposit is fully NON-refundable.

DEFINITIONS:  

“JHBTG” means Jackson Hole Bikes To Go LLC, DBA Wheel Wranglers, and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns.

“Participant” means the person who will use the Equipment rented from JHBTG.

“Undersigned” means the Participant who is age 18 or older, OR it means both the Participant’s parent or legal guardian and the Participant, when the Participant is under the age of 18.  

“Biking” means all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by JHBTG and shall include, but is not limited to: biking; electric biking; bike rental; electric bike rental; use of speakers, helmets, locks, baskets, lights, and other rental add-on accessories (hereinafter referred as “Rental Add-Ons”); orientation and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to Biking or the rental of Equipment.

“Equipment” means all equipment and accessories provided by JHBTG to Participant, including, but not limited to, any type of bike or other vehicle, helmets, locks, baskets, or Rental Add-Ons.

In consideration of JHBTG agreeing to rent or provide the Equipment to Participant, the Undersigned, understands, acknowledges and contractually agrees as follows:

RELEASE OF LIABILITY AND ASSUMPTION OF RISK: All terms of JHBTG’s Release of Liability and Assumption of Risk are hereby incorporated herein and made part of these Terms and Conditions, and the Undersigned acknowledges receiving and/or reviewing such terms.

RENTAL AGREEMENT: The Undersigned accepts full responsibility for the Equipment and authorizes JHBTG to charge my credit card for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date.

BIKING SAFETY: The Undersigned acknowledges that I/we have been advised to wear an approved helmet while Biking. I/we acknowledge that I/we have been advised to wear a full-face helmet and other protective equipment such as elbow/ forearm and knee/shin armor when free riding or downhilling. The Undersigned is aware that Biking is subject to all applicable municipal and provincial highway traffic regulations. The Undersigned is familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters. The Undersigned is aware that there are technicians available to answer any questions that I/we may have as to the proper use of the Equipment.

Jackson Holes Bikes To Go LLC  – Payment Authorization Agreement

JHBTG accepts the following credit cards: Mastercard, Visa, American Express, Discover.  Payment will be listed as JHBTG on the credit or debit card statement.

By submitting my rental reservation and signing this agreement, I confirm to be an authorized Credit Cardholder of the card I use at checkout; and in accordance with my Cardholder Agreement, I agree to the following terms of payment for the rental of Equipment:

RENTAL FEES: From the time identified on this Agreement until the Equipment is returned, I agree to pay the daily or multi-day rates as agreed upon reservation.  The minimum charge is one day. I agree to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges.

DAMAGE FEE:  I shall pay JHBTG for all losses and/or damage to the Equipment, including theft or vandalism, regardless of fault. If the Equipment is damaged,  I agree to pay the reasonable costs of repair and diminution in value. If the Equipment is damaged beyond reasonable repair (as determined by JHBTG), I shall be responsible for the retail fair market value less any salvage value, if applicable. In addition, I shall also be responsible for the loss of use, administrative fees, as determined by JHBTG or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, I shall be responsible for paying loss of use at the daily rate for each 24 hours I delay in paying the total loss. I am responsible for any loss if the Undersigned: (1) abuses the Equipment 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 JHBTG ; (5) fails to complete an accident report; (6) obtains the Equipment through fraud or misrepresentation; or (7) uses the Equipment for an illegal purpose. I authorize JHBTG to collect from a responsible third party any applicable loss and/or damage. In the event JHBTG obtains a recovery from a third party after I have paid JHBTG for all or part of any loss, JHBTG will refund to me any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s’ fees.

If I return Equipment with damage, I authorize JHBTG to charge my credit card a Damage Fee. I understand this fee will be calculated by the amount of damage to the Equipment. I authorize JHBTG to charge my credit card a Damage Fee up to the full value of the Equipment for any Equipment on my Rental Reservation that I return with damage, or that is lost, stolen or destroyed, regardless of fault.

LATE FEE: If I choose to keep the Equipment longer than my rental duration, I agree to contact JHBTG to request a Rental Extension. I understand that a Rental Extension is not guaranteed. If I choose to return Equipment for a duration longer than my selected Rental Period, without receiving a Rental Extension, I authorize JHBTG  to charge my credit card with a late fee of one-hundred and fifty percent (150%) of the day Rental Rate for each non-returned item, per each day I fail to return them.

Example Late Fee Calculation:

Hybrid Bike Rentals: $45/day * 150%

Late Fee: $67.50 + Tax per day    

EQUIPMENT NON-RETURN FEE: I understand that all Equipment must be returned at the end of my Rental Period. If I choose not to return any Equipment on my Rental Reservation at check-in, I authorize JHBTG to charge my credit card the full retail value of the non-returned Equipment.

The value of the transaction may be subject to taxes, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on wheelwranglers.com, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees.

ACCIDENTS-THIRD PARTY CLAIMS: JHBTG is not responsible if I cause injury to another person or if I damage another Bicycle or Equipment, vehicle or personal property of another. I agree to indemnify and defend JHBTG and pay any claim brought by a third party arising out of use of the Equipment and for any liability associated with any personal accident/injury as a result of use of Equipment.

Jackson Hole Bikes To Go LLC  – Electronic Communications

(Email/SMS Communications) Agreement

We are committed to keeping your information confidential. We do not sell, rent, or lease our lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law.

• We will use your e-mail address solely to provide timely information about Jackson Hole Bikes To Go.

• By submitting my rental reservation, I agree to receiving Electronic Mail (email) communications from JHBTG regarding my rental reservation, community events and occasional promotions.

• By providing my Mobile Phone number, I agree to receiving SMS text messages regarding my rental reservation, community events and occasional promotions.

JACKSON HOLE BIKES TO GO LLC

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

In consideration of the rental and use of Jackson Hole Bikes to Go LLC's bicycles and bicycle related equipment, I hereby agree to release and discharge Jackson Hole Bikes to Go LLC, a Wyoming company, DBA Wheel Wranglers, and their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "JHBTG"), on behalf of myself, my children, any minors accompanying me, my parents, and our heirs, assigns, personal representative(s) and estate(s) as follows:

1. I acknowledge that the activities involved in the use of bicycles and bicycling in general (both on and off trail) entails significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. Such risks include, among others, Equipment failure, impacts with the ground and other objects, and negligence of the people that maintain the bicycles and related Equipment as well as the trails and pathways on which I choose to ride. “Equipment” means all equipment and accessories provided by JHBTG to me, including, but not limited to, any type of bike or other vehicle, helmets, locks, baskets, or Rental Add-Ons.

2. I expressly agree and promise to accept and assume all of the risks existing in bicycling, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of JHBTG or others. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless JHBTG from any and all claims, demands, or causes of action, which are in any way connected with my participation in bicycling or my use of JHBTG's Equipment, services, or facilities, including any such claims which allege negligent acts or omissions of JHBTG.

4. TO THE EXTENT PERMITTED BY APPLICABLE LAW, I AGREE THAT ALL OF JHBTG’S EQUIPMENT AND SERVICES ARE PROVIDED TO ME “AS IS” WITHOUT WARRANTY OF ANY KIND. JHBTG EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ITS EQUIPMENT AND ALL SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND PERFORMANCE.    

5. Should JHBTG or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.

7. I agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of Wyoming including the Recreation Safety Act as well as common law assumption of risk doctrines, without regard to Wyoming's conflict of law rules.   I also agree to submit to the jurisdiction of the Ninth Judicial District of the State of Wyoming.

8. I agree to abide by the rules of any facility I may bike at. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against JHBTG on the basis of any claim from which I have released them herein.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.