IMPORTANT: Please Read! By completing this transaction, you agree to the following:
Cancellation Policy For Rented Items: Cancellations made 48 hours or more before pick-up will receive a full refund of the deposit fee, less a $5 processing fee. Cancellations made less than 48 hours before pick-up are not eligible for a refund.
Rental Items may require a Security Deposit of up to the item value at time of pick-up
WAIVER, RELEASE & INDEMNIFICATION OF NEGLIGENCE CLAIMS
READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY BEFORE PROCEEDING WITH THIS RENTAL TRANSACTION. SHOULD YOU PROCEED, YOU ARE AGREEING WITH THESE TERMS. You agree not to sue Walsh Inc.an Iowa Corporation doing business as “Free Flight” and their respective officers, directors, managers, members, employees, agents, independent contractors, representatives, successors and assigns (collectively, the “Released Parties”) for any of their alleged negligence in connection with your (or, if you are signing as the parent or legal guardian of a minor, the minor’s) rental and use of the bicycle and/or associated equipment (the “Rental Equipment”). You assume responsibility for any injuries or damages you may sustain arising from your use of the Rental Equipment, as detailed below. All references to “we” mean any person signing this document, on his or her own behalf and for all other persons on whose behalf the undersigned signs this document. We understand that the waivers and releases contained in this Waiver, Release & Indemnification of Negligence Claims (the “Release”) apply to all the Released Parties. In consideration for permitting us to utilize the Services, and acknowledging that we voluntarily choose to utilize the Services, we agree as follows:
1. We understand the Release applies to Rental Equipment made through the use of the Services, and to the Services themselves. We accept for use the Rental Equipment identified on this form. We accept full responsibility for the care and use of the Rental Equipment, and the Rental Equipment will be used only in a manner consistent with its intended purpose, within its inherent limitations, in accordance with all applicable laws. Rental Equipment and Services will be used only by the individuals signing this document and not for any form of racing
2. We understand that bicycling can be a hazardous and dangerous activity and that bicycling, including the use of the Rental Equipment, involves a risk of serious bodily injury or death, damage to property, and other significant losses. We are familiar with the risks of bicycling, including, but not limited to, the risks of mechanical failure; equipment failure; inability to control the speed or direction of the bicycle; collisions with, among other things, people, animals, inanimate objects, natural objects, other bicyclists, and automobiles; poor road and/or trail conditions; poor weather conditions; overexertion; and negligence of the Released Parties. We understand the importance of bicycle safety equipment, including helmets, and have had the opportunity to purchase or rent the same. We assume all risks, whether known or unknown, and responsibility for any losses, costs or injuries incurred in connection with our use of the Services and/or the Rental Equipment, even if arising from or relating to the negligence of one or more of the Released Parties, except to the extent caused by the recklessness or intentional misconduct of one or more of the Released Parties.
3. In exchange for the use of the Rental Equipment, WE HEREBY RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY LIABILITY BASED ON NEGLIGENCE THAT MAY ARISE FROM USE OF THE SERVICES AND/OR RENTAL EQUIPMENT. We agree that if, despite our release, one of us or any person on our behalf makes any claim against any of the Released Parties falling within the scope of the Release, we will indemnify and hold harmless all of the Released Parties from and against such claim and any associated litigation expenses, attorneys’ fees, losses, liabilities damages or other costs any of them may incur. Without limiting the foregoing, we agree that, if we are signing on behalf of a minor and, despite our release, the minor or any person on behalf of the minor makes any claim against any of the Released Parties falling within the scope of the Release, we will indemnify and hold harmless all of the Released Parties from and against such claim and any associated litigation expenses, attorney’s fees, losses, liabilities, damages or other costs any of them may incur. We agree that this Release shall be effective and binding on our respective heirs, next of kin, executors, administrators and representatives in the event of death or incapacity.
4. We acknowledge that the Rental Equipment has been loaned to me in sound mechanical condition and will be returned in the same condition. I assume and agree to pay for any damage caused to the Rental Equipment, including, without limitation, crashed or damaged components, normal wear and tear excepted. We agree to a cleaning charge of up to $50 on any bicycle or trailer not returned in clean and serviceable condition. I authorize Free Flight to charge the credit card on file for me for all eventual costs in case of damages to the Equipment during my rental or use period. In case of theft, I will be responsible for reimbursing Free Flight for the original price of the Equipment, plus the cost of any accessories that were provided at the time of the Equipment rental.
5. We agree that any disputes arising out of this Release or otherwise involving any of us and any of the Released Parties shall be determined by the Circuit Court of Dubuque Country, Iowa. We further agree that the laws of the State of Iowa shall govern the terms of this Release and the relationship between the parties, including the rights, duties and obligations of each. We agree that this Release is intended to be interpreted as broadly and expansively as permitted under the laws of Iowa and that if any portion herein is held invalid, we agree that the remaining provisions shall continue in full legal force and effect.
We have read this Release in its entirety, we understand its terms, and we enter into it knowingly, voluntarily and intentionally for the purpose of inducing Free Flight to allow us to utilize the Services and Rental Equipment. We are age 18 or older (or, if under age 18, have had this document co-signed/agreed to by a parent or legal guardian- Minor Riders 13yrs or older must also agree.) and are duly authorized to sign/agree to this Release on behalf of all parties listed and/or those utilizing the services.