ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT

I accept for use, AS-IS, the bicycle(s) and other recreational equipment (the “Recreational Items”) listed on this form and accept full responsibility for the care of the Recreational Items while they are in my possession.  I agree to reimburse Good Pedals, LLC (“Good Pedals”) at full retail value and authorize Good Pedals to charge my credit card on file for any loss or damage of any kind to the Recreational Items during the rental period, other than reasonable wear and tear, including theft or vandalism of any Recreational Items, regardless of whether I or someone else is at fault for such loss or damage.  I understand that I am entering into this Agreement on behalf of myself and anyone who uses the Recreational Items rented to me, including any minor children, other members of my household and those who may be traveling with me (each a “User,” and collectively, “Users”).  I understand that each term and condition, waiver and release applies to each User, and I agree to provide a copy of this Agreement to each User and the use of the Recreational Items by any User shall be deemed his or her agreement to each provision herein.

Users agree to abide by the following terms and conditions:

• Users shall return all Recreational Items by the agreed date, clean and in the same condition at the time of rental to me, other than reasonable wear and tear, to avoid any additional charges, including late fees.  Users have the right to use the Recreational Items only during the rental period set forth below.
• The Recreational Items are intended for riding on paved roadways, and Users shall obey all federal, state and local laws, including traffic laws, and applicable community rules and regulations.  
• No one other than those listed in this Agreement as Users shall be permitted to use the Recreational Items.
• No person using the Recreational Items shall be under the influence of drugs or alcohol or have any impairment which would affect his or her ability to operate the Recreational Items in a safe manner in compliance with all federal, state and local laws and any applicable community rules and regulations.
• Bicycle helmets should be worn at all times.  Any User who declines to wear a helmet while riding a bicycle does so at his or her own risk.  Each User understands that wearing protective gear, such as a helmet, does not eliminate the risks of using the Recreational Items and may not reduce the risk of injury in the event of an accident.  
• Users shall not add any kind of seat or modification to the Recreational Items to allow someone else to ride on the rear fender, and no one shall ride on the handlebars at any time.
• Good Pedals staff have answered any and all of Users’ questions about the Recreational Items, and Users fully understand how to operate the Recreational Items, including the bicycle’s gears and brakes.
• Any equipment failure shall be reported to Good Pedals immediately.
• Users shall not ride, park or store Recreational Items outside of designated areas and shall properly secure Recreational Items at all times.
• Users are responsible for any loss, damages or injuries to pedestrians, property or automobiles while Users are operating or transporting the Recreational Items.
• Users understand that Good Pedals is not the manufacturer or supplier of the Recreational Items, and all Recreational Items are provided “AS-IS” without any warranty, either express or implied, including any warranty of merchantability or fitness for a particular purpose.  Loss of complimentary bikes that are included with property are subject to $400 replacement fees.

RELEASE AND INDEMNIFICATION

Users acknowledge the inherent risks involved in using the Recreational Items and further agree that the use of the Recreational Items SHALL BE AT THEIR OWN RISK.  Users understand that the use of the Recreational Items has known and unknown risks, which could result in physical or emotional injury, paralysis, death or damage or injury to the Users, to property or to other persons, and that the Good Pedals Parties (as defined below) cannot eliminate these risks.  Users knowingly, intelligently and voluntarily assume all risks, including but not limited to any injury or damage that may result including, but not limited to, colliding with one or more bicycles, motor vehicles or objects of any kind, falling off the Recreational Items, sudden flat tires, failing brakes, traffic or road conditions, including potholes or other obstructions, and weather-related risks.  Having acknowledged these risks and other unforeseen risks, Users desire to use the Recreational Items despite these risks and agree to assume the risk of injury or damage resulting from the use of the Recreational Items and agree to release and indemnify Good Pedals, its affiliates and their owners, members, managers, officers, employees, subcontractors, agents and representatives (collectively, the “Good Pedals Parties”) as set forth in the paragraphs below. 

Users hereby release, waive, discharge and covenant not to sue or bring any claim against the Good Pedals Parties for any liability, claim and/or cause of action arising out of or related to any loss, damage or injury, including death, that may be sustained by Users or the members of their household related to, arising out of or incident to the use of the Recreational Items, including the possession, use, operation or return of the Recreational Items, including any claims, damages, costs or causes of action due to the negligence, breach of contract or wrongful conduct of any Good Pedals Party.  Users further agree to, jointly and severally, indemnify, defend and hold the Good Pedals Parties harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred by the Good Pedals Parties related to, arising out of or incident to Users’ use of the Recreational Items, including the possession, use, operation or return of the Recreational Items, except to the extent such claims, demands and actions are a direct result of the gross negligence or willful misconduct of the Good Pedals Parties.

Users have adequate insurance to cover any injury or damage that he or she may cause or suffer while using the Recreational Items or sufficient assets to self-insure the costs of any such injury or damage.  Any insurance coverage maintained by Users, whether liability, casualty, personal or health, shall be the primary coverage in the event of any loss, injury, death or damage to persons or property while using the Recreational Items.

By signing this Agreement, i understand, intend and desire to release, on behalf of each user, the Good Pedals parties from any and all liability arising from or related to the use of the Recreational Items to the fullest extent permitted by the laws of the State of Florida.