Electric Bike Central (“EBC”) agrees to rent the following bicycle (the “Bike”) to Renter, upon the condition that the Renter agrees to all terms and conditions set forth below (including the release of claims) and evidences that agreement with his/her signature digital or physical signature.
RELEASE AND WAIVER OF CLAIMS
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged Renter does hereby remise, release, and forever discharge EBC, EBC’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever, arising out of this Agreement; out of the use (misuse, or abuse) of the Bike; or in any way arising out of the rental relationship between Renter and EBC.
Renter hereby waives the provisions of section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
INDEMNIFICATION
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Renter hereby expressly agrees to indemnify and hold harmless EBC, EBC's agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter's use, misuse or abuse of the Bike.
TERMS & CANCELLATION
We require a credit card to be placed on file in order to book your reservation, and you will be charged in full at the time of your rental. We require at least 24 hours notice for all cancellations - any cancellations within 24 hours of your reservation will result in a fee of 50% of your total rental cost, automatically charged to your card on file.
LATE RETURNS
Any bikes returned after the completion of your demo time will result in a late-fee of $25 per bike, automatically charged to the Renter's card on file.
DAMAGE/THEFT POLICY
The Renter is responsible for the Bike from the time they take possession of it until it is returned. You agree that you will be the only person who rides the Bike. Renter agrees that the Bike will remain in his/her possession at all times. If the Bike is lost, stolen, or damaged, the renter is responsible for its full replacement value, minus rental fees and not to exceed the full original MSRP of the bike and for any and all other fees, claims, expense, or obligations to persons or property during the term of this agreement.
ACCEPTABLE USE
Renter agrees and acknowledges that he/she will be the sole operator of the Bike, and will use the Bike in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by EBC, and any applicable laws or regulations.
ASSUMPTION OF RISK
Renter acknowledges that the activities for which the Bike is deigned include inherent dangers, including the risk of bodily injury and/or death. Renter assumes and accepts all risks associated with the use of the Bike.
CONDITION OF BIKE ON RETURN
The Renter shall return the Bike to the designated return area clean and in the same condition as it was in when given to Renter, excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the Bike during the rental period. EBC shall retain any portion (or all) of Renter's security deposit as necessary to cover repairs for such damages. To the extent that damages to the Bike exceed the amount of the security deposit, Renter shall be billed by EBC for the full amount of damages caused by Renter during the rental period, including reasonable attorney's fees.