TERMS AND CONDITIONS
PLEASE READ: Read this document in its entirety before
proceeding with this rental transaction. By signing this transaction, you agree
to the following Cancellation Policy; Waiver, Release and Indemnification
Policy:
RENTAL: I accept full responsibility for the equipment
listed on my receipt, or listed on Fountain Hills Bikes LLC (FHB) rental
website. I agree to pay FHB for any damage to the equipment. I agree to pay FHB
full retail value of the equipment if not returned by the agreed upon date.
CANCELLATION POLICY:
10% charge on reservations cancelled 48 hours or more before
pick-up time. NO refund for no-shows or cancellations within 48 hours of pick-up
time. Please ensure all rental items are returned by the end of the agreed
rental period to avoid additional charges.
WAIVER, RELEASE AND INDEMIFICATION:
BICYCLING SAFETY and ASSUMPTION OF RISK: The equipment will
be used only in a manner consistent with its intended purpose, and solely by
the person signing this agreement. Minors
must have a person of age sign this agreement. I acknowledge that bicycling involves risks,
dangers and hazards including but not limited to: risk of bodily injury and
death, mechanical failure of equipment, changing weather conditions, variation
or steepness of terrain, difficulty to control one’s speed and direction, loss
of balance, rapid or uncontrolled acceleration; collisions with, among other
things, people, animals, inanimate objects, natural objects, pedestrians,
vehicles or other cyclists or skaters. I understand the importance of bicycle
safety equipment, including helmets, and have had the opportunity to rent or
purchase the same. I understand cyclists are subject to local and federal traffic
regulations.
I am familiar with the proper use of the equipment. I am
aware there are technicians available to answer any questions I have as to the
proper use of the equipment.
I assume all risks, known and unknown, and assume responsibility
for any losses, costs or injuries incurred in connection with my use of the
equipment.
I waive any and all claims that I may have now or in the
future against Fountain Hills Bike LLC and the manufactures and distributors
and their directors, officers, employees, agents, representatives, successor
and assigned (all of whom are collectively referred to as “The Releases”), and
to release the Releases from any and all liability for any loss, damage,
expense or injury including death that I may suffer, or that my next of kin may
suffer as a result or arising out of any aspect of my use of the equipment, due
to any cause whatsoever, including negligence, breach of contract or breach of
warranty on the part of The Releases in respect to the design, manufacture,
selection, installation, maintenance or adjustment of the equipment, or in
respect of the provision or the failure to provide any warnings, directions, or
guidance as to the use of the equipment.
I agree that if I am signing on behalf of a minor, I
indemnify and hold harmless FHB and The Releases as written in this document.
I agree to hold harmless and indemnify The Releases from any
and all liability for any loss, damage, injury or expense to any third party,
resulting from the use of the equipment.
This agreement shall be effective and binding upon my heirs,
next of kin, executors, administrators and representatives in the event of my
death or incapacity.
This agreement shall be governed by and interpreted in
accordance with the law of the United States of America and the State of
Arizona.
Any litigation involving the parties to this agreement shall
be brought within Arizona.
My name on this document, or online which acts as an
electronic signature, acts as an agreement with the terms of service listed
which I have read and understand.