In exchange for participation in bicycle rental and/or
demonstration (the “Activity”), organized by Work+Shop Operations, LLC (DBA
Cassette Club) located at 115C S. Jackson St, Seattle, WA 98104 (“Work+Shop”), I hereby agree as
follows:
1. Payment and Cancellation Policy:
a. Rental
reservations must be paid in full at the time of the creation of the
reservation.
b. Reservations
must be canceled within 24 hours of the scheduled check-out time to receive a
full refund for the rental reservations. Any attempt to cancel a reservation
after that time or if the client fails to pick up the rental, they will not
receive a refund for the rental reservation.
2. Assumption of Risk:
I understand and agree that cycling and related activities
are hazardous, and injuries or damage to self, others, or property are common
occurrences during this activity. I AGREE TO ASSUME ALL RISKS OF AND LIABILITY
FOR death, injury, or damage to me or my property, or to others or their
property, while using this equipment.
Bicycle - Risks include but are not limited to the loss of
balance, difficulty or inability to control one’s speed and direction,
variation or steepness in terrain, rapid or uncontrolled acceleration on hills
and inclines, mechanical failure of equipment and/or any of its components,
changes in variation in the riding surface including rocks, gravel, cliffs,
trees, roots, tree stumps, waterways, and manmade structures such as bridges,
ladders, berms, and jumps; changes in weather conditions, travel on highways
and backcountry roads, encounters with animals, collisions with pedestrians,
motor vehicles, and other cyclists.
3. Indemnification and Release:
I agree to indemnify Work+Shop against any and all claims,
actions, lawsuits, damages, and judgments, including attorney’s fees, arising
out of or relating to my participation in the Activity. I, and anyone claiming
on my behalf, release and forever discharge Work+Shop and its affiliates,
successors and assigns, officers, employees, representatives, partners, agents,
and anyone claiming through them (collectively, the “Work+Shop Parties”), in
their individual and/or corporate capacities from causes of action of any
nature and kind, known or unknown, which I may have against Work+Shop or any
Work+Shop Parties arising out of or relating to any injury, loss, or damage to
a person and property that may be sustained as a result of participation in the
Activity (“Claims”).
This Release for Participation in the Activity (“Release”)
shall not be in any way construed as an admission by Work+Shop that it has
acted wrongfully with respect to me or any other person, that it admits
liability or responsibility at any time for any purpose, or that I have any
rights whatsoever against Work+Shop.
4. Binding Agreement:
This Release shall be binding upon the parties and their
respective heirs, administrators, personal representatives, executors,
successors, and assigns. I have the authority to release the Claims and have
not assigned or transferred any Claims to any other party. The provisions of
this Release are severable. If any provision is held to be invalid or
unenforceable, it shall not affect the validity or enforceability of any other
provision. This Release constitutes the entire agreement between the parties
and supersedes any prior oral or written agreements or understandings between
the parties concerning the subject matter of this Release. This Release may not
be altered, amended or modified, except by a written document signed by both
parties. The terms of this Release shall be governed by and construed in
accordance with the laws of the State of Colorado.
5. Rental Agreement:
a. I accept full
responsibility for any and all damage or loss of the rental bicycle(s) and/or
equipment, or any portions thereof, including, but not limited to, vandalism or
theft. I shall be responsible for the cost of repair and/or replacement of
rental equipment at the full retail rate, as determined by Work+Shop. I hereby
irrevocably authorize Work+Shop to charge my credit card for the full rental,
repair, or replacement cost.
b. I am responsible
for equipment damaged from over-inflation.
c. I am responsible
for any damage incurred to my vehicle/trailer and/or rental equipment as a
result of improper strapping when fixing and/or transporting equipment.
d. I will return my
equipment in reasonably clean condition. Otherwise, a cleaning fee of up to $30
may apply.
e. Late Return: A
$50 late charge will be applied to all equipment returned outside of the
reservation window.
f. Safety Equipment:
I acknowledge that I have been advised to wear all necessary safety equipment
at all times, including helmets and other protective equipment. I am aware that
the use of this equipment is subject to all applicable federal, state, and/or
municipal regulations.
g. Equipment Use: I
am familiar with the proper use of the equipment and its components, including
but not limited to:
- Bicycle -
Quick release mechanisms, brakes, and gear shifters, and I have taken proper
instructional lessons prior to its use. I am aware that there are technicians
available to answer any questions that I may have as to the proper use of the
equipment. I have made no representations regarding my cycling ability.
h. I confirm that
no minor under the age of fifteen (15) will use the equipment at any time.
i. If I am signing
this liability release on behalf of a minor, between the ages of fifteen (15)
and eighteen (18) years of age (“the Child”), I represent that I am the parent
and/or legal guardian of the child; I agree to indemnify the Work+Shop Parties
for any and all claims brought by the Child; and I agree to indemnify the
Work+Shop Parties for any and all claims brought by a third party arising in
connection with the Child.
j. I have carefully
read and fully understand and agree to all the provisions of this Release and
am freely, knowingly, and voluntarily entering into this Release. I agree that
if any portion of this Release is found invalid or unenforceable, the remaining
provision(s) will be enforceable to the fullest extent allowed by law. This
agreement is binding on my estate, heirs, administrators, and assigns.
[Your Name]: ________________________ Date: ________________________