SUNFLOWER GROUP INC. DBA SUNFLOWER OUTDOOR AND BIKE SHOP
BICYCLE RENTAL AGREEMENT AND POLICIES
I hereby acknowledge and agree to the following rental agreement terms and conditions:
- Bicycles are rented out clean and in proper working condition and must be returned in the same manner.
- Helmets are included in the rental and are required to be worn at all times while riding bicycles rented from Sunflower Outdoor and Bike. If a customer is seen riding the rental bicycle without a helmet, they will immediately have to return the bicycle with no refund.
- Bikes are maintained on a daily basis. It is the responsibility of the client to check the bike at the store BEFORE setting out on any ride.
- Bikes are for the intended purpose of recreational use and are not to be used for any organized competition.
Customer agrees to return the bike in reasonably clean, UNDAMAGED condition to avoid any ADDITIONAL charges for repair, maintenance, or replacement. Customer accepts the use of the equipment, AS IS, in good condition and accepts full responsibility for the care of the equipment while under his/her possession. Damaged parts or components will be repaired/replaced at the shop’sdiscretion and the customer agrees to pay regular shop rates and retail prices for components replaced. Clean condition means normal wear and tear is accepted but does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes. Note: All bikes should be returned clean of mud and debris. Any bike not returned clean, the customer(s) will be charged a $40 cleaning fee. Hourly and Daily rentals are due back 15 minutes before closing time. Late returns are subject to fees. If in the event the bike is not returned within 24 hours of the original date rented the customer(s) will be charged for the full retail price of the bike and any additional equipment rented. Furthermore, the Customer agrees to provide Sunflower Outdoor and Bike with a major debit or credit card details, for precautionary use only: I authorize Sunflower Outdoor and Bike to charge the credit card they have on file for me for all eventual costs in case of damages to the bicycle(s) during my rental period, comprehensive of labor, except in the case that I can demonstrate other’s faults with evidence and all necessary information for reimbursement. In case of theft, I will be responsible for reimbursing Sunflower Outdoor and Bike for the original price of the bicycle(s), plus the cost of any accessories that were provided at the time of the bike rental.
_______________________(signature)
ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT
The Assumption of Risk: I understand and accept that renting this bicycle and participating in bicycling exposes many hazards that may entail unavoidable risk or death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. I also understand I should be in good physical health to participate in bicycling, and I confirm that I have no significant health issues that prevent me from participating in bicycling. I have no medical conditions, nor have I been diagnosed with a condition that prevents me from bicycling. In spite of the aforementioned risks and acknowledgments, I hereby assume all risk of injury or loss of life and loss of or damage to property arising out of renting this bicycle and participating in bicycling. I understand the inherent risk involved in using this rental bicycling equipment and accept full responsibility for any and all such damage or injury which may result.
Waiver And Release: I hereby release, discharge any liability and covenant not to sue Sunflower Outdoor and Bike, its respective administrators, staff, volunteers, other participants, sponsors, and if applicable, owners and lessors of any premises on which activity takes place, from any and all liability or claim for injury, illness, death or loss of or damage to property which I may suffer while renting this bicycle and participating in bicycling. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Sunflower Outdoor and Bike or its affiliates, officers, agents, or employees. It is my intent by the Waiver And Release Agreement to release Sunflower Outdoor and Bike and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Sunflower Outdoor and Bike or whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this document, I fully recognize that if injury, illness, death or damage occurs to me while I am engaged in renting this bicycle or participating in bicycling, I will have no rightto make a claim or file a lawsuit against Sunflower Outdoor and Bike or its affiliates, officers, agents or employees, even if they or any of them negligently cause my injury, illness, death or damage.
_____I realize the importance of wearing a helmet. A helmet must be worn at all times.
_____I understand that this activity may result in severe injury, including but not limited to spinal or head injury.
_____I understand that this activity may result in hazards posed by other bicycles and traffic or road conditions.
_____The Sunflower Outdoor and Bike staff have answered any questions I have had.
_____I understand these bicycles may not have visibility enhancement equipment such as blinking lights.
I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND ITS CONTENT. I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY AND I SIGN IT VOLUNTARILY. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. FURTHERMORE, SUNFLOWER OUTDOOR AND BIKE, AND ANY AFFILIATES, OFFICERS, AGENTS, OR EMPLOYEES, RESERVE THE RIGHT TO REFUSE SERVICE IF THEY SUSPECT A CLIENT(S) ARE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
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Parent or Guardians
By signing for a minor, I am agreeing that I am their parent or legal guardian and am releasing Sunflower Outdoor and Bike from any claims, lawsuits or responsibilities for that minor. Each of the undersigned has read this AGREEMENT FOR USE OF BICYCLE AND RELEASE AND WAIVER OF LIABILITY. Furthermore, I AGREE TO THE TERMS OF SUNFLOWER OUTDOOR AND BIKE - BICYCLE RENTAL AGREEMENT ABOVE.