This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, “Release”) made voluntarily by me, the undersigned Renter, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, “Renter”, ‘I’ or “me, which terms shall also include Renter’s parents or guardian, if Renter is under 18 years of age) to DTB Partners, LLC, dba Downtown Bicycles.
As the undersigned Renter, I fully recognize that there are dangers ad risks to which I may be exposed by participating in DTB Partners, LLC, dba Downtown Bicycles Rental Program (the “Activity”).
As the undersigned Renter, I understand that DTB Partners, LLC, dba Downtown Bicycles makes no representations as to the condition of the bicycles, helmets and locks we lend (“Equipment”), nor does DTB Partners, LLC, dba Downtown Bicycles qualify as a merchant of said Equipment, and Equipment is made available as an accommodation, and not a service, DTB Partners, LLC, dba Downtown Bicycles clients and friends. I am well advised to check the condition of the Equipment prior to use, and to notify DTB Partners, LLC, dba Downtown Bicycles of any discovered problems or defects in the Equipment.
DTB Partners, LLC, dba Downtown Bicycles does not require me to participate in this Activity, but I want to do so despite the possible dangers and risks and despite this Release. With informed consent, and for valuable consideration received, including the assistance provided by DTB Partners, LLC, dba Downtown Bicycles, as the undersigned Renter, I agree to assume and take on myself all of the risks and responsibilities in any way arising from or associated with this Activity, and I release DTB Partners, LLC, dba Downtown Bicycles and all of its affiliates and partners, and their respective governing boards, officers, directors, legal representatives, members, employees, administrators, assigns, and contractors (collectively “Releasees”), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether know or unknown, contingent or fixed, at law or in equity, that I may suffer at any time arising from or in connection with the Activity, including any injury or harm to me, my death, or damage to my property (collectively “Liabilities”), and I agree to defend, indemnify, and save releases harmless from and against any and all Liabilities.
I agree to properly use and care for all borrowed equipment while it is in my possession and am aware that deviation from proper use or care may greatly increase the likelihood of accident or injury. I agree to properly secure/lock all borrowed equipment in legal locations when not in my possession.
The safety of accompanying passengers in any attached Equipment (not limited to, but including any child related equipment) is my responsibility and I agree to monitor the condition of the Equipment and its passengers at all times. I agree to wear an approved safety helmet and to ensure that all passengers and those for whom I am responsible wear appropriately-sized approved safety helmets at all times while using the Equipment. I understand that I must obey all applicable traffic laws. I agree that I and those for whom I am responsible will not operate this Equipment while under the influence of alcohol or any mind-altering drugs. I agree not to use the Equipment in conditions of reduced visibility (including, but not limited to, darkness).
I agree not to lend the bikes to others while it is in my possession, and that if I were to do so, and that if they were to suffer a loss as a consequence, that that is my responsibility alone.
I understand and agree that should the bike be lost or stolen while it is in my possession, DTB Partners, LLC, dba Downtown Bicycles will automatically charge my credit card used at the point of sale for an amount equal to the retail value of the Equipment.
I understand and agree that DTB Partners, LLC, dba Downtown Bicycles will not notify me prior to this transaction. The transaction will take place no sooner than 24 hours after the Equipment is reported missing. I understand and agree that should the bike incur damage while it is in my possession, DTB Partners, LLC, dba Downtown Bicycles will charge my credit card used at the point of sale for all repairs needed as a result of any such destruction or damage at the normal labor rates and retail price for parts needed to return the Equipment back to original condition.
As the undersigned Renter, I recognize that this Release means I am giving up, among other things, all rights to sue Releasees for injuries, damages or losses I or any passengers or persons for whom I am responsible may incur. I also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as me.
I also affirm that I have adequate medical or health insurance to cover any medical assistance I may require, and that any passengers or persons for whom I am responsible also have adequate medical or health insurance to cover any medical assistance they may require.
I agree that this Release shall be governed for all purposes by Florida law, without regard to such law on choice of law.
I have read this entire Release. I fully understand the entire Release and acknowledge that I have had the opportunity to review this Release with an attorney of my choosing if I so desire, and agree to be legally bound by the Release.
I HAVE READ, UNDERSTOOD AND AGREE TO THE ABOVE TERMS THIS_______DAY OF ______________, 20____,
Signature of Renter whose printed name appears above: ______________________________________________
If renter is under the age of 18, his or her parent or legal guardian must also sign:
I, (printed name)____________________________________, am the parent or legal guardian of the Renter who has signed above. I have read and I understand the provisions of this document, and acting on behalf of the Renter, I consent to the Renter taking part in the Activities described above, and I fully enter into and agree to the above Release.
Signature of Parent or Legal Guardian ____________________________________________
Date ________________