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PEDAL FORWARD BIKES & ADVENTURE, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
BICYCLE RENTAL, RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
40761 Hwy 41 #4, Oakhurst CA 93644
(559) 676-8842 (Telephone)
mike@pedalforwardbikes.com (Email)
GUIDE HIKES: FOR THOSE ATTENDING A GUIDED HIKE. PLEASE SCROLL DOWN TO READ GUIDED HIKE WAIVER.
BIKE RENTAL WAIVER
INTRODUCTION
This Bicycle Rental, Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, (“Agreement”), contains the Terms and Conditions for your bicycle rental. This Agreement is between the bicycle renter, (“Renter”), and Pedal Forward Bikes & Adventure, LLC, (“PEDAL FORWARD”), and covers the rental of the bicycle and any related equipment and accessories such as tires, lights, rack, lock, helmet, safety gear, and related miscellaneous gear (“Bicycle”).
AGREEMENT
Rental Fees: From the time identified on this Agreement until the Bicycle is returned Renter agrees to pay the hourly, daily or multi-day rates as agreed upon reservation. The minimum charge is a full day (8 hours). Renter agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges. Renter also agrees to pay a reasonable fee for cleaning the Bicycle if the Bicycle is returned with excessive stains, dirt or debris attributable to Renter’s use or for any repairs to the Bicycle that are necessary attributable to Renter’s use.
Cancellation Policy:
All cancellations must be received via email or phone and confirmed by Pedal Forward Bikes & Adventure via email.
If you must cancel your reservation 72 hours before your scheduled rental pickup time: No problem! Your reservation can be rescheduled, subject to availability, or we can refund you. Reservations made within 72 hours of a scheduled event are final and cannot be changed, and the following cancellation is charged.
Cancellation between 72 and 48 hours before your scheduled rental pickup time: The cancellation fee is 30% of the total rental reservation value, excluding tax. e.g., (Rental Bike Rate X # of bike X # of days) X 30% = Cancellation fee.
Cancellation less than 48 hours before your scheduled rental pickup time: The cancellation fee is 50% of the total rental reservation value, excluding tax. e.g., (Rental Bike Rate X # of bike X # of days) X 50% = Cancellation fee.
No-shows and non-canceled rentals: The cancellation fee is 100% of the rental reservation value, excluding tax. e.g., (Rental Bike Rate X # of bike X # of days) X 100% = Cancellation fee.
Credit Reserve and Payment by credit card only: Renter understands that Renter must pay in full an amount (to be used against the final bill) equal to the estimated total charge for the Bicycle rental at the rates indicated on the website and confirmed over the phone and via email. PEDAL FORWARD only accepts payment by credit card. Renter authorizes PEDAL FORWARD to charge Renter’s credit card any amounts due from Renter as a result of the Bicycle rental.
Charges for loss and/or damage to the Bicycle: Renter understands that all charges are not final and are subject to audit of the returned bicycle. Renter specifically agrees and authorizes PEDAL FORWARD to make any charges by credit card if there is damage beyond normal wear and tear as determined in the sole discretion of PEDAL FORWARD and RENTER waives any right to credits or charge backs.
Bicycle Return: Renter agrees to return the Bicycle to PEDAL FORWARD in the same condition as received, except for ordinary wear and tear, (which does not include flat tires), on the due date and time and at the location specified by PEDAL FORWARD. Renter agrees to return the Bicycle sooner, if demanded by PEDAL FORWARD. Renter understands that there may be rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.
Prohibited Use of the Bicycle: PEDAL FORWARD shall approve all trail use of its Bicycle to Renter at the time of rental. Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race or contest, or to be ridden in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bicycle to be used for an illegal purpose. A violation of this paragraph automatically terminates the rental and makes Renter liable to PEDAL FORWARD for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
Damage to Bicycle: Renter shall pay PEDAL FORWARD for all losses and/or damage to the Bicycle, including theft or vandalism, regardless of fault. If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value at the sole discretion of PEDAL FORWARD. If the Bicycle is damaged beyond reasonable repair, (as determined by PEDAL FORWARD in its sole discretion), Renter shall be responsible for the retail fair market value less any salvage value, if applicable. In addition, Renter shall also be responsible for the loss of use, administrative fees, as determined by PEDAL FORWARD or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Renter shall be responsible for paying loss of use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (1) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) rides recklessly; (3) rides while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and PEDAL FORWARD; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for an illegal purpose. Renter authorizes PEDAL FORWARD to collect from a responsible third party any applicable loss and/or damage. In the event PEDAL FORWARD obtains a recovery from a third party after Renter has paid PEDAL FORWARD for all or part of any loss, PEDAL FORWARD will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s fees.
Accidents-Third Party Claims: PEDAL FORWARD is not responsible if Renter causes injury to another person or if Renter damages another Bicycle, vehicle or personal property of another. Renter agrees to indemnify and defend PEDAL FORWARD and pay any claim brought by a third party arising out of Renter’s use of the Bicycle and for any liability associated with any personal accident/injury as a result of Renter’s use of the Bicycle.
Statement of Physical and Mental Fitness, Insurance, And Bike Safety:
a. I understand that biking requires certain physical strength and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
b. I am in sound physical and mental condition and am able to ride a Bicycle. I can make informed, objective decisions. I currently have no known physical, medical or mental condition which would impair my ability to ride a Bicycle, or else I understand I assume all risks that may be created, directly or indirectly, by any such condition.
c. I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability I may cause or suffer while riding the Bicycle or else I understand I must solely bear the costs of such injury or damage and all related costs.
d. I acknowledge that I have been advised to wear an approved helmet and reflective or white clothing and a light if biking after sundown. I am aware that electric biking is subject to all applicable municipal and provincial highway traffic regulations. I am familiar with the proper use of the Bicycle. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Bicycle. By renting a Bicycle from PEDAL FORWARD, Renter understands that an approved helmet in included for his/her use and agrees to wear it at all times when using the Bicycle.
Renter Assumes Risk of Injury: Renter assumes all risks, including death or serious bodily injury, which may result from the operation of the Bicycle, weather, altitude, accidents, etc. Renter acknowledges all the risks of operating a Bicycle on streets, roads, bike paths, bike lanes, and in traffic, including the risks of serious bodily injury or death from falling off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, Bicycle malfunctions, and hazards relating to weather conditions. Despite knowing all associated risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold PEDAL FORWARD harmless from all claims of injury or damage. Therefore, in consideration for the opportunity to rent a Bicycle from PEDAL FORWARD, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with PEDAL FORWARD. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of PEDAL FORWARD or its officers, employees and agents.
Property left on Bicycle: PEDAL FORWARD is not responsible for personal property left on the Bicycle. Renter agrees to indemnify PEDAL FORWARD in this regard.
Release Of Liability, Waiver Of Claims And Indemnity Agreement: Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify PEDAL FORWARD, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on PEDAL FORWARD’S behalf from any and all claims, (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF PEDAL FORWARD), demands for loss, damages, injuries, or any other causes of action relating in any way to my Bicycle rental, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE PEDAL FORWARD OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM PEDAL FORWARD’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against PEDAL FORWARD, I agree to indemnify PEDAL FORWARD and pay all damages, costs, fees, expenses and attorney’s fees incurred by PEDAL FORWARD in defending such a lawsuit or such claims. In no event will PEDAL FORWARD’S liability to a Renter be greater than the amount of the fees paid by the Renter to PEDAL FORWARD for Bicycle rental, even if the amount of damages suffered by the participant customer may be greater than this amount. Furthermore, in no event will PEDAL FORWARD be liable for any indirect, special, implied, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not RENTER was advised of the possibility of such damages occurring.
EXCEPTIONS/EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS.
Dispute Resolution, Arbitration and Governing Law: Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. The prevailing party who receives shall be entitled to recover attorney fees and costs. You may not commence against PEDAL FORWARD or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in PEDAL FORWARD, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and PEDAL FORWARD or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against PEDAL FORWARD may be commenced only in the federal or state courts located in Fresno, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and PEDAL FORWARD, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.
As the undersigned RENTER, I recognize that this Agreement means I am giving up, among other things, all rights to sue PEDAL FORWARD for injuries, damages or losses I or any persons for whom I am responsible may incur. I also understand that this Agreement binds my heirs, executors, administrators, legal representatives and assigns, as well as me. I also affirm that I have adequate medical or health insurance to cover any medical assistance I may require, and that any persons for whom I am responsible also have adequate medical or health insurance to cover any medical assistance they may require. I agree that this Release shall be governed for all purposes by California law, without regard to such law or choice of law.
I have read this entire Agreement. I fully understand the entire Agreement and I agree to be legally bound by electronically signing.
I have read, understood and agree to all terms on the day I electronically signed this waiver.
Signature of Renter whose printed name appears above:
_______________________________________
Witness over 18 years of age (Renter must sign in presence of the Witness):
_______________________________________
If Renter is under the age of 18, his or her parent or legal guardian must also sign:
I, (printed name) _____________________, am the parent or legal guardian of the Renter who has signed above. I have read and I understand the provisions of this document, and acting on behalf of the Renter, I consent to the Renter taking part in the activities described above, and I fully enter into an agree to the above Agreement.
Signature of Parent or Legal Guardian (date) Relationship to Renter:
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GUIDED HIKE WAIVER:
BELOW IS THE GUIDED HIKE WAIVER. THIS WAIVER APPLIES TO ALL INDIVIDUALS JOINING A GUIDED HIKE.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
ASSOCIATED WITH HIKING AND RELATED ACTIVITIES, (“Agreement”) Please read and be certain you understand the implications of signing this Agreement.
I affirm and acknowledge that I have been fully informed by representatives of Pedal Forward Bikes and Adventure, L.L.C., a California limited liability company, (the “Company”), of the inherent hazards and risks associated with hiking, transportation of equipment related to the activities, use of equipment related to hiking, and traveling to and from activity sites, (collectively, “the Activities”), in which I am about to engage and in which I wish to engage. I acknowledge and understand that inherent hazards and risks include but are not limited to:
. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death; 2. Falling, causing broken bones severe injuries to the head, neck and back which may result in severe impairment or even death; 3. All “act of nature” including, but not limited to, avalanche, rock fall, inclement weather, thunder, and lighting, severe and or varied wind, temperature, and other weather conditions;
4. Risks associated with crossing, climbing, or down-climbing of rock, snow and/or ice;
5. Risks associated with river crossings, fordings, or portaging;
6. Possible equipment failure and/or malfunction of my own or others’ equipment, which may have been rented, borrowed, or personally owned; 7. My own negligence and/or the negligence of others, including employees, agents, independent contractors, or representatives of including but not limited to operator failure;
8. Cold weather and heat related injuries and illness including but not limited to frostnip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia, and dehydration;
9. Attack by or encounter with insects, reptiles, and/or animals;
10. Accidents or illness occurring in remote places where there are no available medical facilities;
I l. Fatigue chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident; and 12. My sense of balance, physical coordination, and ability to follow instructions.
I have been given the opportunity to ask questions concerning this Agreement and all such questions have been answered o my satisfaction. Having read this Agreement, I am fully aware of the risks and hazards associated with the activity of hiking and elect to voluntarily participate in it. I voluntarily assume full responsibility for any risk of loss, property damage or personal injury, including death, that may be sustained by me or my guests because of participating in the Activities, unless caused by the gross negligence or willful misconduct of the Company, its officers, agents, members, employees, independent contractors, or volunteers. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I warrant that I am physically fit and in a condition that will allow me to participate fully in the hike. I maintain medical insurance that covers me for accidents and illnesses while I am participating in the Activities. I understand that the Company has not made, nor will it make, any investigation into my physical fitness or ability to participate in the Activities, and that the Company is relying on my warranty of my physical condition. I assume full responsibility for payment of medical expense not covered by the insurance of the Company incurred because of my participation in the Activities. I grant the Company permission to authorize emergency medical treatment as it deems appropriate and agree that such action by the Company shall be subject to the terms of this Agreement. I understand and agree that the Company assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment. In consideration for being permitted to participate in any way in hiking, and related Activities, I agree, understand, acknowledge, and appreciate that:
I RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, THE FOLLOWING NAMED PERSONS OR ENTITIES, REFERRED TO AS RELEASEES:
PEDAL FORWARD BIKES AND ADVENTURE, L.L.C., MICHAEL J. BRODERICK, AND JORGE N. LOPEZ.
To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur because of engaging in the above Activities. By entering into this Agreement, I am not relying on any verbal or written representation or statements made by the releasees, other than what is set forth in this Agreement. This release shall be binding to the full extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Signature Of Adult Participant Name of Adult Participant (Print) Date Date
FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Permanent Guardian, or Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from all liabilities incident to his or her involvement in these programs for myself, my heirs, assigns, and next of kin, effective this Date: _________________________.
____________________________________
Signature of Parent or Adult legal Guardian if participant is a minor and, by this signature, release all claims on their behalf
________________________________ Name of Parent or Adult legal Guardian