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READ THIS DOCUMENT IN ITS ENTIRETY BEFORE
ACKNOWLEDGING THAT YOU AGREE TO THE TERMS. ITS EFFECT IS TO RELEASE PUERTO
VALLARTA ELECTRIC BIKE COMPANY, LLC AND ALL ASSOCIATED ENTITIES, OWNERS,
INVESTORS AND EMPLOYEES FROM ANY LIABILITY RESULTING FROM YOUR BIKE RENTAL AND
PARTICIPATING IN THE ACTIVITIES DESCRIBED BELOW, IF ANY, AND TO WAIVE ALL
CLAIMS FOR DAMAGES OR LOSSES AGAINST PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC
WHICH MAY ARISE FROM SUCH ACTIVITIES EVEN IF THEY RESULT FROM SUCH NEGLIGENCE.
This is a legally binding Agreement,
Release, Waiver, Discharge and Covenant Not to Initiate (sometimes referred to
herein as "Release"), made voluntarily by me, the undersigned Renter,
on my own behalf, and on behalf of my heirs, executors, administrators, legal
representatives and assigns, (hereinafter collectively "Renter",
"I" or "me", which terms shall also include Renter's parents
or guardian, if Renter is under the age of 18 to PUERTO VALLARTA ELECTRIC BIKE
COMPANY,
LLC.
As the Renter, I fully recognize that
there are dangers and risks to which I may be exposed to by participating in
the activity. As the undersigned Renter, I understand that PUERTO VALLARTA
ELECTRIC BIKE COMPANY, LLC makes no representations as to the condition
of the bicycles, helmets and locks we lend ("Equipment"), if any, nor
does PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC qualify as a merchant of said
Equipment, and Equipment is made available as an accommodation, not a service,
to PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLCs' customers and friends. I am
well advised to check the condition of the Equipment prior to use, and to
notify PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC of any discovered problems or
defects in the Equipment. PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC. does not
require me to participate in this Activity, but I want to do so despite the
possible dangers and risks and despite this Release. With informed consent, and
for valuable consideration received, including assistance provided by PUERTO
VALLARTA ELECTRIC BIKE COMPANY, LLC, as the undersigned Renter, I agree to
assume and take on myself all of the risks and responsibilities in any way
arising from or associated with this Activity, and I release PUERTO VALLARTA
ELECTRIC BIKE COMPANY, LLC. and all of its affiliates and partners, and their
respective governing boards, officers, directors, legal representatives,
members, employees, administrators, assigns, and contractors (collectively
"Releases"), from any and all claims, demands, suits, judgments,
damages, actions and liabilities of every name and nature whatsoever, whenever
occurring, whether known or unknown, contingent or fixed, at law or in equity,
that I may suffer at the time arising from or in connection with the Activity,
including any injury or harm to me, my death, or damage to my property
(collectively "Liabilities"), and I agree to defend, indemnify, and
save Releases harmless from and against any and all Liabilities. I agree to
properly use and care for all borrowed equipment while it is in my possession
and am aware that deviation from proper use or car may greatly increase the
likelihood of accident or injury. I agree to properly secure/lock all borrowed
equipment in legal locations when not in my possession. The safety of
accompanying passengers in any attached Equipment (not limited to but including
any child-related equipment) is my responsibility and I agree to monitor the
condition of the Equipment and its passengers at all times. I agree to wear an
approved safety helmet and to ensure that all passengers and those for whom I
am responsible wear appropriately-sized approved safety helmets. I agree not to
use the Equipment in conditions of reduced visibility (including, but not
limited to, darkness). I agree not to lend the bikes to others while it
is in my possession, and that if I were to do so and that if they were to
suffer a loss consequently that that is my responsibility alone. I
understand and agree that should the bike be lost or stolen while it is in my
possession, PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC. will automatically
charge my debit / credit card used at the point of sale for an amount of $1300
USD. I understand and agree that should my rented helmet and saddlebag be
lost or stolen while it is in my possession, PUERTO VALLARTA ELECTRIC BIKE
COMPANY, LLC. will automatically charge my debit / credit card used at the
point of sale for the amount of $50 USD. I understand and agree that should my
rented lock be lost or stolen while it is in my possession, PUERTO VALLARTA
ELECTRIC BIKE COMPANY, LLC. will automatically charge my debit / credit card
used at the point of sale for the amount of $25 USD. I understand and agree
that should my rented battery be lost or stolen while it is in my possession,
PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC. will automatically charge my debit
/ credit card used at the point of sale for the amount of $450 USD. I
understand and agree that should I not return the bike on the date and time
agreed to, PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC. will automatically
charge my debit / credit card used at the point of sale for the amount of
$30 USD per hour or $100 USD per day. I understand and agree that should
I not return the bike on the date and time agreed to, PUERTO VALLARTA ELECTRIC
BIKE COMPANY, LLC. will automatically charge my debit / credit card used at the
point of sale for the amount of $30 USD per hour or $100 USD per day. I
understand and agree that should I not return the bike on the date and time
agreed to, PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC. will automatically
charge my debit / credit card used at the point of sale for the amount of $30
USD per hour or $100 USD per day. As the undersigned Renter, I recognize that
this Release means I am giving up, among other things, all rights to legal
actions of any kind against Releases for injuries, damages or losses I or any
passengers or persons for whom I am responsible for that may incur. I also
understand that this Release binds my heirs, executors, administrators, legal
representatives and assigns, as well as me. I also agree that I will not under
any circumstances institute any chargeback action on any credit card used in
this transaction / rental. I also affirm that I have adequate medical and
health insurance to cover any medical assistance I may require, and that any
passengers or persons I am responsible for 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 the law of the State of Jalisco,
Mexico law, without regard to such law or choice of law and that any litigation
arising out of this agreement be commenced in Puerto Vallarta, Jalisco, Mexico.
I also agree to:
1. You are renting an
electric bicycle. Some of the bicycles have electric levers to provide
power to the electric motor. Depending on your weight, the bicycle may be
able to travel very fast. You MUST be careful at all times.
2. The electric bicycles are not
overall waterproof. You are NOT TO RIDE IN THE OCEAN. Salt or
regular water will damage the electric components of the bike. If water is
detected on the bike your $400 deposit will not be refunded.
2. LATE RETURNS: Late returns are subject
to $30 USD late fee if returned within 1 hour of time due back. Any returns
exceeding 1 hour will be charged the daily rental of $100 USD and must be
returned by 9 am the next day.
3. YOU MUST WEAR a helmet at all times
while operating the bicycle.
4. You are responsible for your
personal items. You bring your valuables at their own risk.
5. PUERTO VALLARTA ELECTRIC BIKE
COMPANY, LLC. or its staff, is not responsible for any belongings or valuables
that are lost, stolen or broken such as cameras, binoculars, video recorders,
cell phones, etc.
6. GoPro supports or self-sticks or
any accessory cannot be placed or connected to our equipment.
7. PUERTO VALLARTA ELECTRIC BIKE
COMPANY, LLC., does not make any recommendation as to the suitability of
any area, road or trail that you may decide to travel on. The areas you
may travel/tour can include rough terrain, unforeseen bumps or "pot
holes" in the road way or terrain, vehicle traffic, rough roads, errant
vehicle operators who may not see you. You MUST be alert at all times,
knowing that operating the bikes on roadways maybe dangerous. PUERTO
VALLARTA ELECTRIC BIKE COMPANY, LLC. highly recommends that you travel at low
speed especially on downhill areas noting that unforeseen bumps or "pot
holes" in the road way or terrain may cause you to lose your balance and
fall off of the bicycle. Also, there may be road ways or streets that do
not have designated "bicycle lanes" and as such, you will be
operating the bicycle along with motorized vehicles, including large trucks.
8. Access to the tour will be denied
to persons under the influence of alcohol and/or drugs.
9. I agree that I will abide by the
rules and regulations of that state and local municipal law applicable,
including vehicle laws during the rental term.
10. I understand and accept that
renting this bicycle and participating in the biking exposes me to many hazards
and entails unavoidable risk of death, personal injury (including but not
limited to severe spinal or head injury) and loss of or damage to property. I
also understand I should be in good physical health to participate in
bicycling. I choose to participate in bicycling in spite of these risks and
hereby assume all risk of injury or loss of life to myself and loss of or
damage to property arising out of renting this bicycle and participating in
bicycling. I understand the inherent risk involved in using this equipment,
accept full responsibility for any and all such damage or injury which may
result. The undersigned AGREES TO PAY all costs associated with
such medical care and related transportation for the undersigned and to
indemnify and hold PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC., its
representatives, agents, affiliates, officers, directors, servants and
employees harmless from any costs incurred therein, or claims arising there
from.
11. I understand and accept that if
injury, illness, death or damage occurs to me while I am engaged in renting
this bicycle or participating in bicycling, I will have no right to make a
claim or file a lawsuit against PUERTO VALLARTA ELECTRIC BIKE COMPANY,
LLC., its officers, agents or employees, even if they or any of them
negligently cause my injury, illness, death or damage.
12. I understand the bicycles being
rented by PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC., do not have
visibility enhancement equipment such as reflectors or lights.
13. I agree to return the bike in
reasonable clean, UNDAMAGED condition to avoid any ADDITIONAL charges for
repair, maintenance or replacement. Customer accepts use of the equipment, AS
IS, in good condition and accepts full responsibility for care of the equipment
while under his/her possession. Damaged parts or components will be
repaired/replaced at the shop's discretion and customer agrees to pay regular
shop rates and retail prices for components replaced. Clean condition means
normal wear and tear is accepted but does not include broken spokes, rims, bent
rims, damaged frames, handlebars, seats or other parts from misuse and/or
crashes. Note: All bikes should be returned clean of mud and debris. Any bike
not returned clean will be assessed a 1 hour additional fee. Hourly and Daily
rentals are due back 15 minutes before closing time. Late returns are subject
to fees. Also, I will not attempt to ride, repair or adjust any damaged
and malfunctioning equipment. I will cease using it and return it to the
rental location. I will not remove the wheels or disassemble the bicycle
in anyway. I understand that renting these bicycles and/or equipment I am
full responsible for the full replacement costs in cases of damage, loss or
theft payable at the time of the loss. I will keep all bicycles rented
securely locked when not in use. I authorize the use of my credit card to
pay for damages, losses or any outstanding balances owed.
14. Customer agrees to provide
PUERTO VALLARTA ELECTRIC BIKE COMPANY, LLC. with credit card details, for
precautionary use only: I authorize PUERTO VALLARTA ELECTRIC BIKE
COMPANY, LLC. to charge the credit card I have on file for me for all eventual
costs in case of damages to the bicycle(s) during my rental period,
comprehensive of labor, except in the case that I can demonstrate other's
faults with evidence and all necessary information for reimbursement. In case
of theft, I will be responsible for reimbursing PUERTO VALLARTA ELECTRIC BIKE
COMPANY, LLC. for the original price of the bicycle(s), plus the cost of any
accessories that were provided at the time of the bike rental.
15. SOCIAL MEDIA: You agree to give us
permission to post any videos and photos we may have to our social media
accounts.
I have read this entire Agreement, Waiver
and Release. I fully understand the entire Agreement, Waiver and Release and
acknowledge that I have had the opportunity to review this Agreement, Waiver
and Release with an attorney of my choosing if I so desire, and I agree to be
legally bound by this Agreement, Waiver and Release.
Again, I have read
the aforesaid Agreement, Waiver and Release