RENTAL POLICY:

·        Rental’s will only be held until 11am on the day of rental before being made available unless otherwise specified.

·        Only downhill specific bikes to be used in the bike park

·        You are responsible for any damage incurred while product is being used unless accidental damage is purchased. Repair costs will be charged to the credit card on file.

·        You are responsible for the full retail price if a bike is lost, stolen or damaged while not being used properly. The full retail price of bike will be charged at the time of drop-off.

·        A credit card imprint must be provided at the demo pick-up time.

·        No debit cards. A credit card imprint must be taken at the time of check out.  However a debit card can be used to pay.

·        If a rental is returned late: a $75.00 fee will be charged to the credit card on file. 

·        If the rental has not been returned within 48 hours of the due date, the full retail price will be charged to the credit card on file.

·        Rental and Late fees will not be refunded.

·        If a rental is returned unwashed a $10 fee will be charged

RIDER AGREEMENT TO ASSUME ALL RISKS, RELEASE OF LIABILITY,

AND INDEMITY/HOLD HARMLESS AGREEMENT

1.      I, the undersigned, am at least 19 years of age.

2.      I accept full responsibility for the equipment listed on this form (the “Equipment”), without exception or limitation.

3.      I promise to return the Equipment undamaged by the agreed time and date, and if I fail to do so, I will pay for repair, cleaning or replacement at the full retail rate, as determined by Whistler Village Sports, Ltd. (“evo Village Sports”), as well as any charges for any additional time or days. I hereby irrevocably authorize evo Village Sports to charge the credit card I have provided to evo Village Sports for the full rental/demo, repair or replacement cost.

4.      I have examined the Equipment and confirm that the Equipment is in acceptable condition and that I accept the Equipment on an "as is" basis. I confirm that I have not relied on evo Village Sports or its employees or contractors with respect in the selection, condition or adjustment of the Equipment in any manner whatsoever.

5.      I understand how the Equipment works and have received instructions and satisfactory answers to any questions.

6.      I agree to check the Equipment before each use and if at any time the Equipment does not seem to be working properly, I will stop using it immediately and return it to evo Village Sports for inspection and possible repair or adjustment.

7.      The Equipment is only for my use, or if applicable for the use of the following, specified minor participant: _____________________________, with regard to whose use I assume full responsibility and liability, and I agree not to allow any other individuals to use it.

8.      I understand and agree that  bike riding and related activities, in any form, including, but not limited to, downhill mountain biking, valley trail bike riding and mountain bike trail riding are hazardous and that injuries or damage to self, others or property are common and ordinary occurrences during this activity.  While certain safety gear is intended to mitigate those risks, I understand that such gear cannot protect against all risks.   

9.      I agree to assume all risk and liability for and related to death, injury, loss or damage to me or my property, or to others or their property, while using the Equipment.

10.  I agree that if a “downhill specific bike” is not part of the listed Equipment, I will NOT take the bike I am renting into the Whistler Blackcomb bike park. If I violate this provision, I will pay evo Village Sports any damages and a penalty of $100 which evo Village Sports may determine in its sole discretion.                  

Riders Initials:___________

11.  I understand and agree that certain risks of  bike riding may be reduced, but not entirely eliminated, by taking lessons, by following responsibility codes posted at many bike park and bike trail areas,  riding within my abilities, and by exercising reasonable care and common sense which  I agree to do.

12. If a bike is returned unwashed then a $10 fee will be charged.   Riders Initials:___________

13.  IN CONSIDERATION OF MY RIGHT TO USE THE EQUIPMENT, I, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, MARITAL COMMUNITY (IF ANY), AGENTS, SUCCESSORS AND ASSIGNS, HEREBY AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND FULLY RELEASE AND FOREVER DISCHARGE EACH OF EVO VILLAGE SPORTS, THE MANUFACTURERS AND DISTRIBUTORS OF THE EQUIPMENT, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATED ENTITIES, AGENTS, INSURERS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, CLAIMS, ALLEGED CLAIMS, DEMANDS, DUTIES, RIGHTS, AGREEMENTS, PROMISES, DAMAGES, INJURIES, LOSSES, EXPENSES, LIENS AND DEBT ACTIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LEGAL COSTS/FEES, WHETHER KNOWN OR UNKNOWN, UNFORESEEN OR FORESEEN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, DIRECTLY OR INDIRECTLY, MY, OR ANOTHER’S, USE OF THE EQUIPMENT IN ANY MANNER, OR FOR ANY ACTIVITY WHATSOEVER, INCLUDING WITHOUT LIMITATION, PARTICIPATION IN THE ACTIVITY OF BIKE RIDING, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, LOSS OF ENJOYMENT, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY, OR CONTRIBUTED TO, OR ARISING OUT OF, MY, OR ANOTHER’S USE OF THE EQUIPMENT IN ANY MANNER, OR FOR ANY ACTIVITY WHATSOEVER, INCLUDING WITHOUT LIMITATION, PARTICIPATION IN THE ACTIVITY OF BIKE RIDING.

14.  If any part or clause of this agreement is determined to be invalid or unenforceable, the remainder of this agreement shall otherwise remain in effect and in force and shall be construed in accordance with its terms, including by giving the greatest effect possible to the otherwise invalid or unenforceable provision.

15.  I accept the Equipment “AS IS” and with NO WARRANTIES, express or implied, beyond those stated in this agreement and in the manufacturer’s written limited warranty, if any.

16.  This document is a LEGALLY BINDING CONTRACT that supersedes any other agreements by or between parties, and which constitutes the FINAL AND ENTIRE AGREEMENT regarding this transaction and the Equipment. This agreement is intended to provide a COMPREHENSIVE RELEASE OF ALL LEGAL LIABILITY which is binding upon and for the benefit of all parties, their heirs, agents and assigns, but it is not intended to assert any claims or defenses that are prohibited by law.

17.  This agreement will be construed and enforced under the laws of the Province of British Columbia notwithstanding its choice of law provisions, and the venue for any suit or proceeding in any way related to this agreement will be in the courts in British Columbia.

18.  Application of Agreement to Minor Participants (under 19 years of age): In the case of a minor participant, under the age of 19 years, the undersigned acknowledges that he/she is not only signing this agreement on his/her own behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all of the terms of this agreement.  Additionally, by signing this Agreement as the parent or legal guardian of a minor participant, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that but for the foregoing, the minor participant would not be permitted to use the Equipment, and signs this document out of a desire to have that minor participant be allowed to participate in the activity, and the undersigned agrees to release from any and all liability, and  hold harmless, evo Village Sports and the manufacturers of the Equipment and their agents, employees, successors or assigns, from any and all liability related to that minor’s use of the Equipment, including but not limited to any and all damages, losses, expenses of any kind, or legal fees and costs related to that minor’s use of the Equipment and any loss, damage, injury or claim of any kind without limitation, related thereto.

Decline Accidental Damage Cover:                                                                   Standard Brakes:                            

Accept Accidental Damage Cover:                                                                    Moto Brakes:                                   

BY SIGNING BELOW, I CONFIRM I HAVE CAREFULLY READ, UNDERSTOOD AND AGREE TO THE TERMS OF THIS “RIDER AGREEMENT TO ASSUME ALL RISKS, RELEASE OF LIABILITY, AND INDEMITY/HOLD HARMLESS AGREEMENT”, AND UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM AGREEING TO LIMIT OR WAIVE MY RIGHTS OR THOSE OF A MINOR PARTICIPANT FOR WHOM I AM RESPONSIBLE AND LIABLE.

Dated this ___________________ day of __________________, _______________

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ADULT WITNESS’ SIGNATURE ABOVE                                                                  PARTICIPANT OR RESPONSIBLE ADULT SIGNATURE ABOVE

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PRINT NAME OF ADULT WITNESS ABOVE                                                          PRINT NAME OF PARTICIPANT OR RESPONSIBLE ADULT ABOVE

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