1. General
These Terms and Conditions
form a Rental Agreement (herein "Agreement"), which consists of this
Rental Agreement (both front and reverse sides), the Terms and Conditions
stated herein, and a return document with final changes.
This Agreement is between
the bicycle renter as identified in this Agreement (herein "Renter")
and Pedego Twin Falls and covers the rental of the bicycle equipment
("Bicycle") for the purpose of Rental Agreement.
The word
"Bicycle" means the two-wheeled electric bicycle provided to Renter
by Pedego Twin Falls and includes the frame, two tires, seat, electric power,
battery, lights, miscellaneous equipment, accessories (bike rack, lock) and
safety gear (helmet, braking system).
2. Authorized
Drivers/Prohibition on Passengers
No other person may drive
or otherwise operate Bicycle except the Renter.
Renter is prohibited from
carrying any passengers on the Bicycle at any time.
Renter may not add any
kind of seat or modification to allow someone to ride on the rear fender, and
no one may ride on the handlebars at any time.
Renter is prohibited from
pulling or towing any passenger or object with the Bicycle at any time
Renter must be at least 16
years of age
No one other than the
renter is allowed to ride Bicycle at any time..
3. Bicycle Return
Renter agrees to return
the Bicycle to Pedego Twin Falls 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 Pedego Twin Falls at time of
rental.
Renter agrees to return
the Bicycle sooner if so demanded by Pedego Twin Falls. 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.
4. Rental Charges
From the time identified
on the front side of this Agreement until the Bicycle is returned Renter agrees
to pay the minute, hourly, and daily rates as indicated on the front side of
this Agreement.
The minimum charge is one
hour (60 minutes).
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 soilage attributable to Renter's use.
5. Start of Rental
The rental commences after
the Pedego Twin Falls representative has informed the Renter of the proper and
safe operation of the Bicycle and any additional instruction(s) as may be
requested by Renter and Renter is aware of all dangers associated with
operation the Bicycle, including the dangers of riding in traffic, on streets
or other locations and that natural and man made hazards may exist.
Renter agrees to assume
all the risks associated with operating Bicycle.
6. Repossessing the
Bicycle
Pedego Twin Falls may
repossess the Bicycle at anytime if:
The Bicycle is used in
violation of law;
It appears the Bicycle is
abandoned,
The Bicycle is used in
violation of any term or condition in this Agreement
Renter made a misrepresentation
Pedego Twin Falls, or
Renter fails to return the
Bicycle when due. Pedego Twin Falls is not required to notify Renter in advance
of repossession.
7. Prohibited Use of the
Bicycle
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 driven on any unpaved roads, in dirt or through water, or in
public parks or on a designated bicycle trail if specifically prohibited, or 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, including the
transportation of a controlled substance or contraband.
A violation of this
paragraph automatically terminates the rental and makes Renter liable to Pedego
Twin Falls for any penalties, fines, forfeitures, liens, recovery and storage
costs, and any related legal expenses associated with a violation of this
paragraph.
8. Damage to Bicycle
Renter shall pay Pedego
Twin Falls for all losses and/or damage to the Bicycle, regardless of fault
(e.g. Renter agrees to pay for the loss even though someone else caused the
damage or is at fault). Renter is also responsible for all theft or vandalism
losses, even if Renter is not at fault for making the theft or vandalism possible.
If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair
and diminution in value (if any). If the Bicycle is damaged beyond reasonable
repair (as determined by Pedego Twin Falls), renter shall be responsible for
the retail fair market value less any salvage value if applicable.
In addition to the above,
Renter shall also be responsible for the reasonable down time ("Loss of
Use"), reasonable administrative fee as determined by Pedego Twin Falls 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) drives recklessly; (3) drives
while under the influence of alcohol or a controlled substance; (4) fails to
promptly report an accident to the police and Pedego Twin Falls; (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 Pedego
Twin Falls to collect from a responsible third party any applicable loss and/or
damage. In the event Pedego Twin Falls obtains a recovery from a third party
after Renter has paid Pedego Twin Falls for all or part of any loss, Pedego
Twin Falls will refund to Renter any excess above the amount of the loss plus
administrative fees and other incurred collection and costs and attorneys'
fees.
9. Accidents
Third Party Claims - Pedego
Twin Falls 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 Pedego Twin Falls 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.
Renter Assumes Risk of
Injury. Renter fully assumes all risks, including but not limited to death or
serious bodily injury, which may result front he operation of the Bicycle.
Renter acknowledges all the risks of operating a Bicycle on streets, roads,
bike paths, bike lanes, and in traffic, including but not limited to 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 suffer sudden loss of control from flat tires due to unseen objects
puncturing or damaging tires, or brakes failing, 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 Pedego Twin Falls harmless
from all claims of injury or damage.
10. Payment:
Renter agrees to pay upon
demand:
All rates, charges,
(including those applicable to miscellaneous services and equipment), plus
applicable taxes, fees, and surcharges (if applicable), which may apply to the
Bicycle rental. Charges for loss and/or damage to the Bicycle in accordance
with paragraph 8.
Renter understands that
all charges are not final and are subject to audit. Renter specifically agrees
and authorizes Pedego Twin Falls to make any charges by the method of payment
used by Renter at time of reservation and/or rental, including Renter’s credit
card if that form of payment is utilized.
11. Credit Reserve and
Payment
Renter understands that
Renter must deposit an amount (to be used against the final bill) equal to the
estimated total charge for the bicycle rental at the rates indicated in this
Agreement. Renter authorizes Pedego Twin Falls to place any amount(s) due from
Renter as a result of the Bicycle rental on to Renter's credit card, if that
form of payment is utilized.
12. Property left in
Bicycle
Pedego Twin Falls is not responsible
for any personal property left on the Bicycle, and Renter assumes all risk of
loss if Renter leaves any such personal item. Renter agrees to indemnify Pedego
Twin Falls in the event some third person leaves any personal items on the
Bicycle.
13. Collections
All charges, fees and
expenses, including payment for loss or damage to the Bicycle, are due upon Pedego
Twin Falls demand.
If Renter does not pay all
charges when due, Renter agrees to pay a late charge of 1.5% per month on the
past due balance. If collection or legal action is necessary, Renter agrees to
pay all Pedego Twin Falls collection costs and reasonable attorneys' fees. If
any check is not honored by a financial institution, Renter will be assessed a
service charge of $35.00.
14. Fines and
Expenses
Renter is responsible for
paying all fines, tickets, fees, assessments, court costs, and recovery
expenses for any parking, traffic or other violations, including storage liens
and charges, incurred or imposed during the rental of the Bicycle.
15. General
Provisions
Renter represents that the
information contained in this Rental Agreement is true, accurate, and complete.
In the event that any information is not true, accurate or complete in any
respect, Renter agrees that Pedego Twin Falls has the right to terminate this
Agreement with or without notice.
Renter agrees that Renter
will be responsible for any unauthorized repairs or modifications to the
Bicycle. Renter understands that Pedego Twin Falls will not reimburse Renters
for any authorized repairs without receipt(s).
Renter understands that in
no event shall Renter be deemed to be an agent, servant, or employee of Pedego
Twin Falls in any manner for any purpose whatsoever.
Renter agrees that Pedego
Twin Falls does not waive any rights under this agreement except in writing
signed by Pedego Twin Falls officer.
All information in this Rental Agreement is correct and I agree to all the terms and conditions set forth in this agreement