Bike Rental Agreement

IMPORTANT - READ THIS CAREFULLY BEFORE AGREEING TO RENT A BIKE.

For the purposes of this Agreement,

(a) a “Bike” is any type of bicycle made available by Criterium Bike Shops, Inc. (“Criterium”), and any affiliated website owned and operated by Criterium (the “Site”).

(b) the “Renter” is the person renting the Bike and any other equipment using an account created on the Site), and Criterium is the owner or authorized agent for the Bike made available for rent via the Site. This Ride Rental Agreement (“Agreement”) is a binding agreement between Renter and Criterium. Criterium enters into this Agreement and allows Renter to rent and use the Bike, along with any associated equipment (the “Rental”) only on the condition that Renter accepts all of the terms in this Agreement.

(c) the “Rider” is the person riding each individual Bike included on the Rental receipt

By entering into this Agreement to rent and use the Bike, Renter acknowledges that

• Renter has read and understood this Agreement;

• Renter agrees to be bound by all of the terms of this Agreement;

• Renter agrees that if signing on behalf of a minor, Renter will indemnify and hold harmless Criterium and the releases as written in this document

• Renter is knowledgeable with respect to the type of equipment being rented and adjustments required for safe operation and use; and

• if Renter is not properly qualified with respect to operating a bicycle, as applicable, Renter is hereby advised to seek assistance of a qualified technician with proper evaluation, adjustment and tuning of equipment.

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE BIKE OR ANY OTHER EQUIPMENT.

This Agreement is effective on the date Renter agrees to the terms and conditions as provided herein (“Effective Date”). Renter and Criterium agree as follows:

Terms and Conditions:

1. RENTAL

1.1 Agreement to Rent. By accepting this Agreement, Criterium agrees to rent the Bike to Renter, and Renter agrees to rent the Bike from Criterium, on the terms and subjects to the conditions set forth herein, and for the period agreed at the time of purchase (the “Rental Period”). 

1.2 Rental Age Limits: Renters must be 18 years of age or older to rent Bikes. Riders must be 16 years of age or older to ride E-bikes. Riders must be 14 years of age or older to ride standard bikes.

1.3 Condition of Bike. By making the Bike available for rent hereunder, and agreeing to the terms of this Agreement, Criterium represents and warrants that (a) he or she is the sole owner of the Bike, or that he or she has full agency or other authority to enter into this Agreement and to rent the Bike to Renter; (b) the Bike has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site, the Bike is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Renter to attain his or expected use of the Bike during the Rental Period, other than adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. Unless expressly agreed, the Rental does not include additional equipment, such as lights, locks, helmets, car racks or GPS devices. 

1.4 Refunds and Cancellations. Refunds may be issued at the sole discretion of Criterium. Unfavorable weather, road and/or trail closures, or any other unexpected event that may result in cancellation of rental are not considered reasons for a refund.

RENTER OBLIGATIONS 

1.5 Usage. No other person may drive or otherwise operate the Bike except Renter.  Renter is prohibited from carrying any passengers on the Bike at any time. Renter may not add any kind of seat or modification to allow someone to ride on the rear fender of a rented bicycle, and no one may ride on the handlebars of a rented bicycle at any time. Renter is prohibited from pulling or towing any passenger or object with the Bike at any time. Renter is also responsible for making proper adjustments to the Bike and associated equipment, if any, to match Renter’s height, weight and skill level. Renter is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Renter knowingly and voluntarily waives any claim it may have against Criterium with respect to the proper adjustment helmets, pedals, seat posts and other equipment. Renter must follow all laws, rules and regulations, as well as posted signs and warnings. Renter should always be aware of road and trail conditions, as well as weather and other environmental factors which may affect the safe operation of the Bike. Renter is responsible for securing the Bike at all times, including the use of theft prevention devices, where appropriate. Renter is also responsible for any injuries to themselves or other people, or damage to the Bike or any other property during the Rental Period. 

1.6 Return. Renter agrees to return the Bike to Criterium in the same condition as received, except for ordinary wear and tear and ordinary adjustments meant to fit the Bike to the user’s height, weight and skill level, on the due date and time and at the location specified by Criterium at time of rental. “Wear and Tear” includes all cosmetic damage, including scratches and is further defined in Exhibit A below. Renter understands that there will be additional charges if the Bike is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly rate applicable to the Rental. If Renter fails to return the Bike at the agreed date, time and location, and has not agreed with Criterium on an alternate delivery time and location within 24 hours of the scheduled return time, or Renter fails to return the Bike at the rescheduled time and place, then (a) Criterium shall determine that Renter does not intend to return the Bike; (b) Criterium will charge Renter’s payment method for the full retail value of the Bike, along with any other fees due to Criterium; (c) Criterium may lawfully repossess the Bike; and (d) Criterium may exercise any other rights or remedies, and take any other necessary measures, to repossess the Bike and/or collect the full amount owed by Renter hereunder. If Criterium fails to appear at the scheduled time and place for return of the Bike, Renter remains responsible for the safe-keeping of the Bike. In such event Renter should contact Criterium to try to arrange alternate means of return of the Bike.

1.7 Repossession. Criterium may repossess the Bike at any time if: (a) the Bike is used in violation of law; (b) it appears the Bike is abandoned, (c) the Bike is used in violation of any term or condition in this Agreement, (d) Renter made a misrepresentation to Criterium or (e) Renter fails to return the Bike when due. Criterium is not required to notify Renter in advance of repossession. 

1.8 Prohibited Use. Use of the Bike is restricted to the general geographical area agreed upon by Renter and Criterium. Renter will not operate Bike outside of this area and will not remove Bike from this area. Renter agrees not to use or permit the Bike to be used for hire or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bike to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Criterium for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. Bikes may not be stored outside overnight, with or without theft prevention devices.

1.9 Responsible Consumption. Renter covenants and agrees not to operate the Bike while impaired due to consumption of alcohol or any other controlled substance. In the event that alcohol is offered for consumption in the course of the delivery of services hereunder, Renter covenants and agrees not to consume alcohol in quantities that will lead to Renter’s impairment or inability to operate the Bike safely. 

1.10 Damage to Bike. Renter shall pay Criterium for all losses and/or damage to the Bike, except for ordinary wear and tear that does not impact the usability of the Bike or significantly impact the resale value of the Bike, regardless of fault (e.g. Renter agrees to pay for the loss or damage even though someone else caused the damage or is at fault). The determination of whether damage impacts the usability or resale value of the Bike shall be made by Criterium in its sole discretion. Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible, and regardless of any measures Renter may have taken to secure or protect the Bike, including any instructions or security devices provided by Criterium. If the Bike is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value, if any. If the Bike is damaged beyond reasonable repair (as determined by Criterium), Renter shall be responsible for the retail fair market value of the Bike, less any salvage value if applicable. In addition to the above, Renter shall also be responsible for the reasonable down time (“Loss of Use”) if the solution for the case takes more than 10 business days, reasonable administrative fee as determined by Criterium or specified by law. In the event of theft, Renter shall be responsible for paying Loss of Use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (a) abuses the Bike or uses or operates the Bike other than as specified in this Agreement; (b) drives or uses the Bike recklessly; (c) drives or uses the Bike while impaired due to the ingestion of alcohol or a controlled substance; (d) fails to promptly report an accident to the police and Criterium; (e) fails to complete an accident report; (f) obtains the Bike through fraud or misrepresentation; or (g) uses the Bike for an illegal purpose. Renter authorizes Criterium to collect from a responsible third party any applicable loss and/or damage. In the event Criterium obtains a recovery from a third party after Renter has paid Criterium for all or part of any loss, Criterium will refund to Renter any excess above the amount of the loss plus administrative fees and other collection costs and attorneys' fees incurred. 

1.11 Payment. Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss and/or damage to the Bike. Renter specifically agrees and authorizes Criterium to apply any charges to the method of payment used by Renter at the time of rental. Criterium may cause an additional charge authorization to be processed against Renter’s credit card or other payment method as a security deposit, which will be credited back to Renter’s payment method upon satisfactory return of the Bike without damage or delay. Criterium is also authorized to make additional charges to Renter’s credit card related to late return fees, and/or Bikes that are lost or damaged during the Rental Period.

1.12 Repairs. If Renter experiences any malfunctions with the Bike during the Rental period, Renter should immediately notify Criterium to obtain authorization for repairs. Renter agrees that he or she will be responsible for any unauthorized repairs or modifications to the Bike. Renter understands that Criterium will not reimburse Renter for any authorized repairs without receipts. All repairs needed as a result of the use of the Bike will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Renter. Criterium shall be responsible for returning the Bike to its prior state due to adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. If a malfunction compromises the safety or usability of a Bike during a Rental, the Renter should contact Criterium immediately and arrange for return of the Bike to Criterium. In such an event, the cost for any remaining hours of the Rental would be refunded to the Renter. 

1.13 Ownership. The Bike, at all times, remains the exclusive property of Criterium. Renter is responsible for damage to or loss of Bike. If the Bike is lost, destroyed or damaged beyond repair in the judgment of Criterium, Renter agrees to pay Criterium the retail value of Bike.

2. RISK AND LIABILITY TERMS

2.1 Acknowledgement of Risks. Renter understands and acknowledge that the Bike is provided “as is” and without warranties. Renter further understands and acknowledges that bicycling is a hazardous activity that entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Renter understands that such risks cannot be eliminated by Criterium without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration). Renter acknowledges all the risks of operating a Bike on streets, roads, ungroomed trails, bike paths, bike lanes, in traffic and any other environment where the Bike might be used, including but not limited to the risks of serious bodily injury or death from falling off the Bike, colliding with other bicycles, motorcycles, motor vehicles or other objects, hitting potholes, trees, poles or lifts, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, brakes failing, or other mechanical failure, and hazards relating to terrain and weather conditions. Renter understands that protective gear such as helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident. 

2.2 Assumption of Risk. RENTERS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF THE BIKE, INCLUDING, WITHOUT LIMITATION ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY WHICH MAY RESULT FROM THE OPERATION OF THE BIKE OR POSSESSION OF THE RIDE EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF CRITERIUM, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, RENTER FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS BIKE AND RENTER AGREES TO HOLD CRITERIUM HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE. 

2.3 Waiver and Release. In consideration of Criterium renting the Bike, Renter specifically releases and forever discharges Criterium, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Renter may suffer while renting this Bike and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Criterium, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Renter release Criterium and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Criterium or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Renter fully recognizes that if injury, illness, death or damage occurs while engaged in renting this Bike or participating in bicycling, or any other activity associated with the Bike, Renter will have no right to make a claim or file a lawsuit against Criterium or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage. 

2.4 Indemnification. Renter agrees to indemnify and hold harmless Criterium and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from, related to, or in any way connected with, or resulting from Renter’s participation in this activity or use of the Bike, including the possession, use, operation, or return of the Bike, and including any such claims which allege negligent acts or omissions on the part of Criterium. Should Criterium or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.

3. THIRD PARTY CLAIMS

Criterium shall not be responsible if Renter causes injury to another person or if Renter damages another bicycle, vehicle or personal property of another. Renter agrees to protect, defend, indemnify and hold Criterium harmless and pay any claim, including attorneys’ fees, brought by a third party arising out of Renter’s use of the Bike and for any liability associated with any personal accident/injury as a result of Renter’s use of the Ride starting off from the rental period.

3.1 Insurance. Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating in the activity, or else Renter agrees to bear the costs of such injury or damage. Renter understands and agrees that Criterium may make a claim against any insurance coverage Renter maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the Bike. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Renter of any liability hereunder. 

3.2 Physical Condition. Renter understands the he or she should be in good physical health to participate in bicycling. Renter certifies that Renter has no medical or physical conditions which could interfere with Renter’s safety in this activity, or else Renter is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.

4. GENERAL PROVISIONS

4.1 No Warranty. THE BIKE IS PROVIDED TO RENTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIKE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CRITERIUM DOES NOT WARRANT THAT THE BIKE OR ANY RENTAL WILL MEET RENTER’S REQUIREMENTS. 

4.2 Limitation of Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRITERIUM, THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM ANY RENTAL OR THE USE OF, OR INABILITY TO USE, THE BIKE.

(b) IF CRITERIUM, OR THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS ARE FOUND TO BE LIABLE, SUCH LIABILITY TO RENTER OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID HEREUNDER AND (B) $100.

(c) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CRITERIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

4.3 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either Criterium or Renter. 

4.5 Governing Law. This Agreement shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between Renter and Criterium that arises in whole or in part from the rental of the Ride shall be decided exclusively by a court of competent jurisdiction closest to Criterium’s residence. 

4.6 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. 

4.7 Entire Agreement/Severability. This Agreement shall constitute the entire agreement between Renter and Criterium concerning the rental of the Bike. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 

Exhibit A: Definition of “Wear and Tear”

“Wear and Tear” includes all cosmetic damage, including scratches that do not affect the integrity or functionality of the bicycle. The determination of "Wear and Tear" shall be made by Criterium in its sole discretion Examples of “Wear and Tear” include: * Cosmetic damage to frame (Paint chips, light scratches, dents less than ½” in diameter) * Cosmetic damage to bicycle components (Scratches to grips, seat, derailleur, pedals,etc.) * Cosmetic damage to bicycle accessories explicitly included in the rental description (Scratches to lights, saddle bags, bells, etc.) * Wear to consumable items on the bike (Brake pads, tire treads, bicycle chain, wheel true, shifting alignment) Examples of Damage as opposed to “Wear and Tear” for clarity: * Penetration, dents, bends, or cracks in bicycle frame * Deep scratches in frame or components (5mm depth) * Tears in bicycle seats or grips * Bent wheels * Bent derailleur, crank, or chainring