MOMENT BICYCLES RENTAL TERMS AND CONDITIONS

WARNING, RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT 

PLEASE READ THIS CONTRACT BEFORE MOVING FORWARD

WE ARE RENTING A RENTAL BIKE TO YOU (the person named above, i.e., RENTER). YOU ARE RESPONSIBLE FOR THE RENTAL BIKE FROM THE TIME YOU TAKE POSSESSION OF IT UNTIL IT IS RETURNED IN KEEPING WITH THIS AGREEMENT. YOU AGREE THAT YOU WILL BE THE ONLY PERSON WHO RIDES THE RENTAL BIKE. YOU AGREE THAT THE RENTAL BIKE WILL REMAIN IN YOUR POSSESSION AT ALL TIMES.

IF THE RENTAL BIKE IS LOST, STOLEN, OR DAMAGED, YOU ARE RESPONSIBLE FOR ITS FULL REPLACEMENT VALUE, NOT TO EXCEED THE FULL RETAIL VALUE OF THE BIKE AND FOR ANY AND ALL OTHER FEES, CLAIMS, EXPENSE, OR OBLIGATIONS TO PERSONS OR PROPERTY DURING THE TERM OF THIS AGREEMENT. YOU ARE OBLIGATED TO CONTACT MOMENT BICYCLES IMMEDIATELY IN THE CASE OF ANY RENTAL BIKE LOSS, DAMAGE, MECHANICAL FAILURE, OR ABNORMALITY.

YOU RECOGNIZE THAT CYCLING IS AN INHERENTLY DANGEROUS ACTIVITY AND REQUIRES THE RIDER TO BE EXPERIENCED, LAW ABIDING, AND DEFENSIVE. MOMENT BICYCLES STRONGLY RECOMMENDS THAT CYCLISTS RIDE IN A GROUP AND CARRY YOUR INSURANCE CARD AND EMERGENCY CONTACT INFORMATION WITH YOU WHILE RIDING.

IF YOU ARE INJURED OR INJURE ANYTHING OR ANYONE DURING THE TERM OF THIS AGREEMENT, YOU ARE FULLY AND SOLELY RESPONSIBLE FOR ALL ASSOCIATED CLAIMS, OBLIGATIONS AND LIABILITY. MOMENT BICYCLES DOES NOT OFFER OR PROVIDE ANY INSURANCE OR OTHER ASSURANCES, SERVICES, OR PROTECTION.

1. Insurance

2. 1.  You are responsible for carrying your own travel, health, and dental insurance to cover personnel medical care in case of accident, loss due to cancellation, and any third party liability that may arise from the use of the Rental Bike by RENTER. No coverage is available from MOMENT BICYCLES to insure you or the Rental Bike from loss in case of damage, theft or other liability incurred in the use of the Rental Bike.

3. Use of Rental Bike

4. 1.  You are aware that many roads are poorly maintained and may have blind corners and are aware that such hazardous conditions do exist and you agree to operate the Rental Bike safe manner for all road conditions. Furthermore, it is the responsibility of the RENTER to operate the Rental Bike in a manner appropriate to any and all prevailing road and weather conditions including but not limited to the following:

   2. 1. RENTER agrees to wear a helmet while operating the Rental Bike.

      2. RENTER knows the relevant rules of the road and practices safe cycling.

      3. RENTER has experience operating a bike(s) similar to the Rental Bike.

      4. RENTER will operate the bike only during daylight (from sunrise to sunset). (Rental Bike is not provided with equipment for nighttime riding.)

1. Theft, Loss, Damage, Deposit

2. 1.  You are responsible for any and all damage to the Rental Bike. This includes but is not limited to any form of loss, theft, or damage to the Rental Bike, you, other persons, and property. A valid credit card is required as security in case of theft and/or damage for each Rental Bike prior to the commencement of the rental period. In case of loss, theft or damage an amount equal to the full retail value of the Rental Bike will be charged to the credit card to replace the bike. If for any reason, the charge is not approved, you remain responsible for payment in full. Otherwise all repair costs, if any, will be charged to the RENTER. If the RENTER has paid by other means then the RENTER will need to provide a credit card charge authorization as security for the duration of the Bicycle Rental.

3. Release and Waiver of Claims 

4. 1. RENTER does hereby remise, release, and forever discharge  MOMENT BICYCLES, MOMENT BICYCLES’s owners, personnel, agents, representatives, successors, and assigns (and all of their 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 Rental Bike; or in any way arising out of the rental relationship between Renter and MOMENT BICYCLES.

   2. RENTER hereby waives the provisions of section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

   3. RENTER hereby releases MOMENT BICYCLES and its agents and employees from and against any and all liability arising during the rental period. RENTER acknowledges that they are aware of the risks involved with cycling including but not limited to physical exertion, forces of nature, accidents, travel via any mode of transport, adequacy of medical facilities, or negligence (other than willful or fraudulent) on the part of employees, agents or others of MOMENT BICYCLES.

1. Terms, cont.

2. 1.  RENTER acknowledges and agrees that MOMENT BICYCLES maintains no control over the operation of the Rental Bike by RENTER. Accordingly, MOMENT BICYCLES assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of: 

   2. 1. any wrongful, negligent or accidental acts or omissions on the part of the RENTER or the RENTER’s agents;

      2. any defect in or failure of any vehicle, equipment or instrumentality owned, operated or otherwise used by the RENTER; or

      3. any wrongful or negligent acts or omissions on the part of any other party not under the control, direct or otherwise, of MOMENT BICYCLES. RENTER agrees to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake.

      4. The RENTER agrees that the terms herein are binding on them, their family members, heirs, successors, assigns, dependents and/or minors accompanying them, and their legal representatives.

      5. RENTER acknowledges and agrees that MOMENT BICYCLES and its agents have the right to refuse participation by any person for any or no reason. Any dispute arising out of these matters whatsoever, shall be resolved in binding arbitration/adjudication in San Diego County under the laws of the State of California. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder. This Agreement shall be governed and construed in accordance with the laws of California (excluding the laws applicable to conflicts or choice of law).

1. Equipment Supplied

2. 1.  Each rental bike is rented with a water bottle cage(s). The RENTER has the option to rent a helmet, and a flat tire kit. The RENTER may supply items such as saddles and water bottles for fitting to the Rental Bike. MOMENT BICYCLES will have bottles in stock if a RENTER needs one, or two. MOMENT BICYCLES is not responsible for any loss of or damage to client-supplied equipment however occasioned.

3. Limited Liability

4. 1.  MOMENT BICYCLES’s liability for damages for any cause, regardless of the form of any claim or action, shall not exceed the amount of rental fees paid to MOMENT BICYCLES under this Agreement. MOMENT BICYCLES PROVIDES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. Collection Costs and Prevailing Party

6. 1. If for any reason, MOMENT BICYCLES is required to engage an attorney or collection agency to collect any amounts that are due it under this Agreement, and MOMENT BICYCLES is successful in such action, the Renter agrees to reimburse MOMENT BICYCLES for all costs and reasonable attorney’s fees incurred by MOMENT BICYCLES in connection with enforcing its payment rights. The non-prevailing party shall indemnify the prevailing party for all reasonable expenses incurred in prosecuting any dispute, including but not limited to, attorney’s fees.

7. Return Policy 

8. 1. You must return the Rental Bike on the date/time selected by the RENTER upon registering for the rental, at the location listed on our site. Remember to return the bike and all the rental equipment in the condition you received it to avoid additional charges. Additional fees may apply for excessive cleaning and/or repairs beyond normal wear and tear of cycling. 

1. Late Return Payment Policy

2. 1. Should Rental Bike be returned late then you may be responsible for additional rental fees plus any additional costs that may be incurred by MOMENT BICYCLES as a result of your late return.

   2. 1. The Late Return Fees are as follows:

      2. 1. IF  you are 2 hours late after scheduled return time/date – 1 FULL day of rental fees will be charged to RENTER’s credit card on file

         2. IF  you are 3-23 hours late after scheduled return time/date – 2 FULL days of rental fees will be charged to the RENTER’s credit card on file.

         3. IF you are more than 24 hours late after the scheduled return time/date Moment Bicycles assumes the bike is lost or stolen and the full retail amount of the rented bike will be charged to the RENTER’s credit card on file.

3. Cancellation Policy

4. 1. The RENTER may cancel their reservation up to 2 weeks in advance for a full refund. Refunds will not be granted within 2 weeks of the rental period.  Moment Bicycles reserves the right to cancel MTB rentals with full refund due to wet trail conditions in order to maintain trail stability, prevent erosion and keep the trails in ride-able condition.  Forecast or present rain will not deter from road bike rental cancellation policy.

5. Risk of Cycling Policy

6. 1. The RENTER RECOGNIZES THAT CYCLING IS AN INHERENTLY DANGEROUS ACTIVITY AND REQUIRES THE RIDER TO BE EXPERIENCED, LAW ABIDING, AND DEFENSIVE. MOMENT BICYCLES STRONGLY RECOMMENDS THAT CYCLISTS RIDE IN A GROUP AND CARRY YOUR INSURANCE CARD AND EMERGENCY CONTACT INFORMATION WITH YOU WHILE RIDING.  IF YOU ARE INJURED OR INJURE ANYTHING OR ANYONE DURING THE TERM OF THIS AGREEMENT, YOU ARE FULLY AND SOLELY RESPONSIBLE FOR ALL ASSOCIATED CLAIMS, OBLIGATIONS, AND LIABILITY. MOMENT BICYCLES DOES NOT OFFER OR PROVIDE ANY INSURANCE OR OTHER ASSURANCES, SERVICES, OR PROTECTION.

By reading this agreement you (the RENTER) acknowledge that you understand the terms and potential for additional charges on the credit card on file.

Above all else, please ride safe, enjoy the ride, and have fun! 

• Moment Bicycles