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Terms and Conditions
English Bay Bike Rentals
PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
Bicycle Safety
I represent and warrant to the Company that:
I am familiar with the prudent and safe use of the Rental Equipment;
I have been advised to wear an approved helmet while cycling; and
I am aware that the use of the Rental Equipment is subject to applicable municipal and provincial traffic regulations and other laws (the “Applicable Laws”).
I hereby agree that I will use the Rental Equipment as would a prudent operator in a prudent and safe manner and in accordance with all Applicable Laws. Without limiting the generality of the foregoing, I will ensure that I use all advisable safety equipment, including an approved helmet, while operating the Rental Equipment.
Assumption of Risks
I am aware that the use of the Rental Equipment involves risk, dangers, and hazards which could result in damage, loss or physical injury, including death, to me, persons for whom I am responsible and third persons (collectively, the “Assumed Risks”). These Assumed Risks include, but are not limited to: mechanical failure of the Rental Equipment; improperly adjusted or maintained Rental Equipment; negligent design or manufacture of the Rental Equipment; variation or steepness in terrain; variation in the bicycling surface; changing weather conditions; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills; loss of balance; collision with manmade and natural objects including trees and rocks; collision with vehicles, cyclists, pedestrians, or other persons; health risks including but not limited to overexertion, dehydration, fatigue, and lack of fitness and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO PROTECT OR SAFEGUARD ME FROM THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE USE OF, OR TO MAINTAIN, THE RENTAL EQUIPMENT.
I agree that I fully understand and acknowledge such Assumed Risks and I FREELY ACCEPT AND ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL ASSUMED RISKS and the possibility of personal injury, death, property damage and loss resulting therefrom.
Release
of Liability, Waiver of Claims and Indemnity
I hereby agree, on my own behalf and on behalf of my heirs, next of kin, executors, administrators, successors, assigns, representatives and those for whom I am in law responsible (collectively, the “Releasors”):
to irrevocably, unconditionally and forever WAIVE ANY AND ALL CLAIMS that I or any Releasor may have or may in the future have against the Releasees and TO RELEASE, DISCHARGE, AGREE TO INDEMNIFY AND SAVE HARMLESS THE RELEASEES from any and all liability for any damage, expense, or injury including death I or any Releasor may suffer resulting from or arising out of any aspect of my use of the Rental Equipment or the Premises DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT R.S.B.C. 1996 C.337; and
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party resulting from my use of the Rental Equipment.