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READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE BIKE COUNTRY AND KYLES BIKES FROM ALL KNOWN AND UNKNOWN OBLIGATIONS, AND TO INDEMNIFY BIKE COUNTRY AND KYLES BIKES AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE BICYCLE, TRAILER, BIKE RACK, OR CAR TOPPER. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS.
Release and Waiver of Claims
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged Renter does hereby remise, release, and forever discharge BIKE COUNTRY, KYLES BIKES, BIKE COUNTRY’S, AND KYLES BIKES’ AGENTS agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the bicycle, trailer, bike rack, or car topper; or in any way arising out of the rental relationship between Renter and BIKE COUNTRY AND KYLES BIKES.
Indemnification
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Renter hereby expressly agrees to indemnify and hold harmless BIKE COUNTRY, KYLES BIKES, BIKE COUNTRY’S, KYLES BIKES’ agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the bicycle, trailer, bike rack, or car topper.
Terms and Conditions
1. Assumption of Risk. Renter acknowledges that the activities for which the bicycle, trailer, bike rack, or car topper is designed include inherent dangers, including the risk of bodily injury and/or death. Renter termination, Renter assumes and accepts all risks associated with the use of the bicycle, trailer, bike rack, or car topper.
2. Acceptable Use. Renter agrees and acknowledges that he/she will be the sole operator of the bicycle, trailer, bike rack, or car topper, and will use the bicycle, trailer, bike rack, or car topper in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by BIKE COUNTRY AND KYLES BIKES, and any applicable laws or regulations.
3. Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the bicycle, trailer, bike rack, or car topper:
• There are no passengers permitted on the bicycle unless expressly permitted by BIKE COUNTRY AND KYLES BIKES in writing prior to use.
• There is no smoking while on the bicycle.
• There are no alcoholic beverages permitted while using the bicycle.
4. Unsafe Use. If at any time BIKE COUNTRY AND KYLES BIKES determines that Renter has engaged in an unsafe or hazardous use of the bicycle, trailer, bike rack, or car topper, BIKE COUNTRY AND KYLES BIKES may immediately terminate the rental. Upon notification of designated return area immediately. If the rental is terminated for unsafe or hazardous use, Renter will not be refunded his/her security deposit. BIKE COUNTRY AND KYLES BIKES shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”
5. Condition of Bicycle, trailer, bike rack, or car topper upon Return. The Renter shall return the bicycle, trailer, bike rack, or car topper to the designated return area clean and in the same condition as it was in when given to Renter, excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the bicycle, trailer, bike rack, or car topper during the rental period. BIKE COUNTRY AND KYLES BIKES shall retain any portion (or all) of Renter’s security deposit as necessary to cover repairs for such damages. To the extent that damages to the bicycle, trailer, bike rack, or car topper exceed the amount of the security deposit, Renter shall be billed by BIKE COUNTRY AND KYLES BIKES for the full amount of damages caused by Renter during the rental period, including reasonable attorney’s fees.
6. Late Return. If Renter returns the bicycle, trailer, bike rack, or car topper to the designated return area more than 20 minutes after the scheduled “Time Back,” Renter shall forfeit his/her security deposit or incur an additional fee at BIKE COUNTRY’S AND KYLES BIKES’ discretion.
Approval signifies that the renter(s) has read and understands all of the terms, conditions and rules set forth above, and agrees to all terms without reservation.