The Lessee rents from FREEDOM PURSUITS INC. and
FREEDOM rents to the Lessee and the bike and accessories (the “Bike”) set out
below on the terms of this rental agreement. The Lessee agrees with FREEDOM as
follows:
1.
To pay
FREEDOM and to assume responsibility for any and all damage to the Bike while
the Bike is in the possession of the Lessee, and to return the Bike to FREEDOM
in the same condition as when received;
2.
The
Lessee has examined the Bike and that it is in good condition except as noted
in the description below;
3.
The
Bike shall remain the property of FREEDOM at all times, and failure to return
the Bike at the time due set out below, unless extended with the approval of
FREEDOM is a default under this rental agreement and subjects the Lessee to
liability including legal costs of FREEDOM;
4.
The
Lessee will not remove the Bike from the permitted area of use as set out
below;
5. FREEDOM may terminate this agreement for
failure by the Lessee to comply with the terms of this rental agreement or if
FREEDOM believes that the safety and security of the Bike is in jeopardy, upon
which FREEDOM may re-take possession of the Bike;
6. It is the Lessee’s responsibility to ensure
that the Bike operator wears an approved helmet in circumstances required by
B.C. Law.
The
Lessee is aware that cycling involves many inherent risks, dangers and hazards,
including, but not limited to injuries from falling, collision with stationary
objects, other cyclists and vehicles, equipment failure, dangerous terrain,
negligence of other drivers, cyclists, Freedom or its staff, and the Lessee is
further aware that such risks exist throughout the area where the Bike will be
used and that there are few or no posted warnings. The Lessee fully accepted and assumes all
such risks, dangers and hazards, and the possibility of personal injury, death,
property damage or loss resulting there from.
In consideration of Freedom renting the Bike to the Lessee, the Lessee
agrees to waive any and all claims which the Lessee has or may have in the
future against Freedom, its officers, employees, technicians and
representatives (the “Releasees”) and to release the Releasees from any and all
liability for any loss, damage, injury or expense that the Lessee or the
Lessee’s next of kin may suffer as a result of the use of the Bike due to any
cause whatsoever including the negligence, breach of contract, or breach of any
statutory or other duty of care on the part of the Releasees, and to hold
harmless and indemnify the Releasees from any liability for any damage to
property of or personal injury to any third party resulting from the Lessee’s
use of the Bike, and this agreement shall bind the Lessee’s heirs, next of kin,
executors, administrators, assigns and representatives.
The
Lessee is not relying upon any oral or written representations or statements
made by the Releasees other then set forth in this agreement, and THE LESSEE
HAS READ AND UNDERSTANDS THIS BIKE RENTAL AGREEMENT AND LIABILITY WAIVER, AND
THE LESSEE IS AWARE THAT BY SIGNING THIS AGREEMENT THE LESSEE IS WAIVING
CERTAIN LEGAL RIGHTS WHICH THE LESSEE, HIS OR HER HEIRS, NEXT OF KIN,
EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE
RELEASEES.