Beach Bum Bikes & Rentals LLC Liability Waiver & Rental Agreement
This Agreement is entered into by the undersigned renter (“Renter”) and Beach Bum Bikes &
Rentals LLC, a New Jersey-based LLC. In consideration of renting a bicycle or other rental equipment, the Renter agrees to the following:
Signature is Required for Bike or Other Equipment Rental. By signing this agreement, you waive certain legal rights, including the right to sue.
The undersigned states that they are a competent user of the equipment, at least 18 years of age, and are identified as the renter in this Waiver Form. The renter acknowledges that they have read, understood, and agreed to all terms and provisions of this agreement, which serves as both a release of liability and a contract between the renter and Beach Bum Bikes & Rentals LLC. This agreement applies to the renter and any other individuals who may use the equipment.
1. Release of Liability & Waiver
The renter agrees to hold harmless and indemnify Beach Bum Bikes & Rentals LLC, its owners, agents, employees, and the equipment manufacturers and distributors from any claims, damages, costs or expenses (including attorney fees) caused to persons or property while using the rented bicycle. This includes, but is not limited to, claims for personal injury, death, and/or property damage that may arise from the use of the bike or equipment.
Riding a bicycle involves inherent risks, including injury to any part of the body, and the renter assumes all risks of harm and/or death. The renter understands that it is impossible to predict all riding conditions, and thus, the Company cannot guarantee the bike will perform safely in every situation.
2. Renter Responsibility
The renter accepts the bike rental equipment as-is and takes full responsibility for the bike, helmet, lock, basket, and any other rental items provided as soon as it is provided to them. In the case of delivery, the renter is responsible for the rental equipment once the items are delivered to the specified delivery address. In the case of in-store pick-up, the renter is responsible for the rental equipment once it leaves the store.
The renter agrees to pay for any damage or loss of equipment for any reason, including theft, up to a $350 replacement fee for a lost or damaged bike and up to a $150 replacement fee for other rental items. In the event of theft, the renter must immediately report it to the local authorities and provide a copy of the police report to Beach Bum Bikes & Rentals LLC. The renter’s credit card on file will be charged where necessary.
The renter acknowledges that they have received a helmet, understands the legal requirements for helmet use (under NJ law, anyone under 17 must wear one), and agrees to ride the bike according to all local, state and federal traffic laws.
Renters agree to use the bicycle in a safe and responsible manner. The renter agrees not to ride the bike under the influence of drugs or alcohol, or any substance that impairs their ability to ride safely. The renter agrees not to ride the bike in the dark. All children riding must be supervised by an adult.
Bikes and other rental equipment should be securely locked and stored at all times.
3. Payment & Cancellation Policy
Payment in full is due at the time of reservation. Cancellations must be made at least 7 days prior to the rental start date for a full refund. Otherwise, no refund will be issued.
4. Rental Duration & Late Fees
A daily rental begins at 8am, and ends at 5pm. Each day thereafter begins at 8am, and ends at
5pm.
If Beach Bum Bikes & Rentals LLC is picking up the rental equipment, the renter is responsible for having the bike ready for pick-up by 5pm at the end of the rental period, unless otherwise agreed upon. Late pickups will incur a $50 fee per bike and $20 per additional rental item. If dropping off the bike yourself back to the store, late returns will incur a $50 fee per bike and $20 per additional rental item if the bike is not returned by 5pm at the end of the rental period, unless otherwise agreed upon.
5. Bicycle Use & Condition of Bicycle
The bicycle may only be used for its intended purpose (recreational cycling) and may not be used for racing, off-road riding, or any other activity that could cause damage or risk injury.
The renter has inspected the bike and equipment and found them in good working condition. The bicycle must be returned in the same condition it was rented, excluding normal wear and tear and the renter must notify Beach Bum Bikes & Rentals LLC immediately if any part of the equipment is damaged, lost, or malfunctioning. Renter will pay for any damages caused by renter outside of expected wear and tear.
6. Privacy Policy & Text-Message Opt-in
Beach Bum Bikes & Rentals LLC respects your privacy. Personal data, including but not limited to your name, contact details, and payment information, is collected to process your rental and for internal use only. We will not sell, rent, or share your personal information with third parties without your consent, except as required by law.
Beach Bum Bikes & Rentals LLC will send text messages regarding delivery updates (drop-off and pick-up status). By signing this waiver you agree to receive text messages from Beach Bum Bikes & Rentals LLC regarding your order status, delivery, and/or pickup to the phone number provided at booking, and this consent is not implied or referenced. Note that message frequency varies and message and data rates may apply. Expected frequency of messaging is twice - once upon order drop-off and once upon order pick-up. You have the right to opt out of receiving text messages at any time. To opt out, reply STOP to any text message received from us. For further assistance, reply HELP. Alternatively, you can contact us at info@beachbumbikesnj.com to opt out of text messages or for assistance. For questions or concerns about this privacy policy, please contact info@beachbumbikesnj.com.
7. Contactless Delivery & Windows
Beach Bum Bikes & Rentals LLC provides free delivery & pick-up for all orders over $100 (pre-tax). For orders under $100 (pre-tax), a flat delivery fee of $15 will be charged separately to the credit card provided at the time of booking.
All orders will be delivered to the address the renter provides and will be dropped off no earlier than 5am, and no later than 8am on the rental start date. All pickups must be ready by 5pm, and will be picked up no earlier than 5pm and no later than 8pm. Renter assumes full responsibility for orders once they have been delivered to the specified address. Beach Bum Bikes & Rentals LLC will have 24 hours from pickup to inspect orders for damages and will notify and/or charge renter accordingly.
8. Force Majeur
Beach Bum Bikes & Rentals LLC shall not be held liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is caused by any of the following events or circumstances, which shall be considered a "Force Majeure Event":
Natural disasters, including but not limited to hurricanes, earthquakes, floods, or severe weather conditions;
Fire, explosion, or other catastrophic events beyond the control of the affected party;
Governmental acts, orders, or restrictions, including but not limited to lockdowns, travel restrictions, or other measures in response to a pandemic or public health emergency;
Strikes, labor disputes, or shortages of labor;
Terrorist attacks, war, or civil unrest;
Any other event or circumstance beyond the reasonable control of the affected party that prevents the fulfillment of its obligations under this Agreement.
If any of these circumstances occur, Beach Bum Bikes & Rentals LLC reserves the right to cancel or adjust the rental. In such cases, renters will be offered a rescheduled rental or a full refund.
9. Severability
If any portion of this waiver is found to be invalid or unenforceable, the remainder of the waiver
shall remain in full force and effect.
10. Governing Law & Venue
This waiver is governed by and construed in accordance with the laws of the State of New Jersey. Any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in the Superior Court of Ocean County, New Jersey.