BICYCLE USER AGREEMENT

THIS BICYCLE USER AGREEMENT, LIABILITY WAIVER AND RELEASE (the “Agreement”) constitutes the entire agreement between (a) the person agreeing to rent the bicycles (Lessee) and (b) Captain Bill’s Beach Bike Rentals (Lessor).  Wherever used herein, the term “Bike” shall include any equipment rented from Lessor.  Prior to use of a Bike, Lessor requires that you agree to all terms and conditions in this Agreement, which are intended to promote the safe use of rental bikes.  You should carefully read all terms and conditions before entering this Agreement.

Lessor expressly agrees to let, and the Lessee expressly agrees to take on, use of the Bike subject to the terms and conditions of the Agreement.  Lessee is solely responsible for compliance with all terms and conditions of the Agreement that apply to Lessee.

1.                  Age of Lessee.  Lessee is 18 or older, or this agreement shall be executed by a Parent or Legal Guardian.   If Lessee intentionally or unintentionally misrepresents Lessee age, Lessee accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney‟s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such intentional or unintentional misrepresentation.

        2.                  General Assumption of Risk by Lessee.  Lessee agrees that riding the Bike involves many obvious and not-so-obvious risks, dangers and hazards, which may result in injury or death to Lessee or others, as well as damage to property, and that such risks, dangers and hazards cannot always be predicted or avoided.  Lessee agrees that such risks, dangers and hazards are Lessee's sole responsibility.  Lessee agrees that if Lessee‟s use of any Bike causes injury or damage to another person or property, then Lessee may be liable for all resulting injuries, damages and related costs.  By choosing to ride the Bike, Lessee assumes all responsibility for all related risks, dangers and hazards, and Lessee agrees that LESSOR is not responsible for any injury, damage or cost caused by Lessee with respect to any person or property, including the Bike itself.  Lessee is solely and fully responsible for the safe operation of the Bike at all times.  Lessee may need to take additional safety measures or precautions not specifically addressed in this Agreement.

        3.                  Prohibited Acts.

a.     Lessee must not ride the Bike while carrying any briefcase, backpack, bag or other items if carrying such items impedes Lessee’s ability to operate the Bike safely.

b.     Lessee must not use any cellular telephone, text messaging device, portable music player or other device that may distract Lessee from safely operating the Bike; provided, however, that Lessee may use a cellular telephone only while employing an activated hands-free device that does not hinder Lessee's ability to safely ride the Bike.

c.     Lessee must not operate the Bike while under the influence of any alcohol, drugs or other substance that may impair Lessee’s ability to safely operate the Bike.

d.     Lessee must not carry a second person on the Bike, other than a tandem bike intended for such use.

e.     Lessee must not use any locking mechanism, other than the locking mechanism provided by Lessor, to lock the bike.

f.      Lessee must not violate any applicable federal, state or local law, including those for bicycle riders.

g.     Lessee must not dismantle or modify the Bike in any way.  This rule does not apply to the use of the seat height adjustment feature on the Bike.

h.     Lessee must not exceed the maximum weight limit for the Bike.

i.      Lessee must not operate the Bike in extreme weather conditions, including snow, hail and electrical storms, which make it more dangerous to operate the Bike.  Lessee is advised to adjust Lessee's riding behavior and braking distance to suit the weather conditions.

j.      Lessee must not allow others to use the Bike.  Lessee understands that when Lessee has possession of the Bike, it is only to be used by Lessee.

        4.                  Additional Lessee Obligations.

a.     Lessee agrees that Lessee is a competent bicycle operator, is sufficiently fit to safely operate the Bike, and has received medical clearances for such physical activity.  Like any physical activity, riding the Bike may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases.  By choosing to ride the Bike, Lessee assumes all responsibility for all such injuries or other medical conditions.

b.     Lessee agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury.  Lessee agrees that before using the Bike, Lessee must conduct a safety inspection of the Bike, which includes inspecting the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need.  Lessee agrees not to ride the Bike if Lessee notices any mechanical or other problem or safety issue, and Lessee agrees to promptly notify Lessor of all problems and issues.

c.     Lessee agrees that Lessor does not provide or maintain places where to ride the Bike, and that LESSOR does not guarantee that there will always be a safe place to ride the Bike.  Roads, bicycle lanes and bicycle routes may become dangerous due to weather, traffic or other hazards.  Lessee must not use the Bike for racing, riding off road or any other use, besides safe operation on public or private roads or property and designated bicycle routes. Lessee agrees to not ride or take bike into sand or on the beach.

d.     Lessee agrees that LESSOR may require Lessee to return the Bike at any time.

f.      Lessee  agrees  that  he/she  must  immediately  report  to  LESSOR,  phone  number  727-598-2114,  and  the  local law enforcement agency, any accident involving the Bike.   Lessee agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney‟s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bike.

                5.          Operating Hours and Availability.  Lessee agrees and acknowledges that the Bikes are available from the day and time of delivery (usually by 9am) until 6 am on the return day.

      6.             Maximum Rental Time and Fees.  The Bike may be rented for differing periods at different rates, as detailed below.  Bike MUST be at the same location as the drop-off location by 6am on the return day. If the Bike is not at the drop off location by 6am on the return day, the Bike will be considered stolen, and the Lessee will be charged $600.00 (the “Replacement Fee”).  Lessee agrees to provide a valid credit card number and expiration date upon departure and hereby represents and warrants that Lessee has authorized LESSOR to charge the credit card such Replacement Fee if the Bike has not been returned within the agreed upon rental period.  Any repairs needed as a result of abuse of the Bike will be performed at the normal rates and costs of such repairs, including parts, and shall be paid by Lessee.  In the event that the Bike is damaged beyond repair, Lessee will be charged the Replacement Fee.  In the event the helmet is lost or stolen, Lessee shall be charged $40.  In the event the lock is lost or stolen, Lessee shall be charged $40.  In the event the lights or basket are lost or stolen, Lessee shall be charged $20 for each lost or stolen item.

Bike Rental Rate, single Bicycle:  $35/day, $55 for 2 days, $75 for 3 days, $95 for 4 days, $115 for 5 days, $135 for 6 days, and  $150/week. Delivery/Dropoff time is by 9am on the first rental day. Pickup is at 6am on the return day.

7.             Bike Use and Damage.   Lessee agrees to return the Bike to LESSOR in the same condition received, ordinary wear and tear excepted.  Lessee agrees to ensure that the Bike is always locked and secured when unattended.  Lessee agrees to pay for any and all damage to rented bicycle. Lessee agrees to not attempt to change the lock combination. If lock combination has been changed, a $40 lock replacement fee and a $50 service fee will be charged.

8.             Helmets.  Lessor shall provide Lessee with a helmet. Wearing an approved helmet, properly sized, fitted and fastened, while cycling may protect against injury, or may lessen the severity of an injury, caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries.  Although some state and local laws do not require bicycle riders to wear helmets, LESSOR recommends that all Lessees wear an approved helmet that has been properly sized, fitted and fastened, according to manufacturer‟s instructions.  LESSOR does not represent or warrant the quality or safety characteristics of any helmet, and Lessee agrees that LESSOR must not be held liable for any injury suffered by Lessee while using the Bike, whether or not Lessee is wearing a helmet at the time of injury.

9.          Governing Law and Severability.   This Agreement is governed by the applicable laws of the State of Florida.   If any provision of this Agreement is found to be unenforceable, all other provisions will be given full force and effect.

10.          Acceptance of Agreement and Effective Date.   Lessee expressly acknowledges that he/she has carefully read the entire Agreement, and fully and expressly agrees to be bound by this Agreement.   After careful deliberation, Lessee voluntarily gives his/her consent and expressly agrees to all the conditions included in this Agreement as set forth above.   Lessee has read, understands and expressly agrees to the above Agreement and terms and conditions therein.  This Agreement is effective as of the date set forth below.

11.          Acceptance of Agreement and Effective Date.   Lessee expressly acknowledges that he/she has carefully read the entire Agreement, and fully and expressly agrees to be bound by this Agreement.   After careful deliberation, Lessee voluntarily gives his/her consent and expressly agrees to all the conditions included in this Agreement as set forth above.   Lessee has read, understands and expressly agrees to the above Agreement and terms and conditions therein.  This Agreement is effective as of the date set forth below.

        By signing below, Lessee acknowledge that Lessee has read, understands and agrees to all of the terms and conditions set forth above in this Agreement and understand its content.  Lessee understands and assumes all responsibility for all related risks, dangers and hazards and is solely and fully responsible for the safe operation of the Bike at all times.

I have read, understood and agree to the above terms