RENTAL, ASSUMPTION OF RISK, RELEASE AND WAIVER OF CLAIMS, AND INDEMNIFICATION AGREEMENT
ENR LLC d/b/a Ranch Camp (“Ranch Camp”) agrees to rent the bicycle(s) set forth above to Renter, upon the condition that Renter agrees to all terms and conditions set forth below (including the release and waiver of claims) and evidences that agreement with his/her signature below (or the signature of Renter’s parent or legal guardian, if Renter is under 18). The bicycle shall be rented for the time period and rate specified above.
READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE RANCH CAMP FROM ALL KNOWN AND UNKNOWN OBLIGATIONS, AND TO INDEMNIFY RANCH CAMP AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE BICYCLE. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS.
Assumption of Risk
Renter is aware of the risks, dangers, and hazards associated with biking (including, without limitation, mountain biking and road biking) and freely accepts and fully and voluntarily assumes all such risks, dangers, and hazards and the possibility of property damage and serious and/or permanent personal and bodily injury, including without limitation cuts, scratches, bruises, broken bones, sprains, full or partial paralysis, death, and any and all losses resulting therefrom.
Release and Waiver of Claims
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged Renter does hereby release, and forever discharge Ranch Camp and its owners, officers, employees, agents, contractors, servants, successors, heirs, assigns, executors, administrators and personal representatives (collectively, the “Releasees”), of and from all, and all manner of, actions, causes of action, suits, losses, proceedings, debts, dues, contracts, judgments, damages, claims, injuries (including death), 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; or in any way arising out of the rental relationship between Renter and Ranch Camp.
Indemnification
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Renter hereby expressly agrees to indemnify and hold harmless the Releasees against all manner of actions, causes of action, suits, losses, proceedings, debts, dues, contracts, judgments, damages, claims, injuries (including death), and demands whatsoever in law or equity that arise out of Renter’s use, misuse or abuse of the bicycle.
Terms and Conditions
- Acceptable Use. Renter agrees and acknowledges that he/she will be the sole operator of the bicycle, and will use the bicycle in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by Ranch Camp, and any applicable laws or regulations.
- Use of proper equipment. Renter agrees to wear a helmet at all times while operating the bicycle. Renter also agrees to wear sturdy, closed – toe shoes while operating the bicycles. Failure to do so may result in forfeiture of rental rights.
- Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the bicycle:
- There are no passengers permitted on the bicycle.
- There is no smoking while on the bicycle.
- There are no alcoholic beverages or illegal drugs permitted while using the bicycle.
- Unsafe Use. If at any time Ranch Camp determines that Renter has engaged in an unsafe or hazardous use of the bicycle, Ranch Camp may immediately terminate the rental. Upon notification of termination, Renter must return the bicycle to the designated return area immediately. If the rental is terminated for unsafe or hazardous use, Renter will not be refunded his/her security deposit. Ranch Camp shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”
- Condition of Bicycle upon Return. The Renter shall return the bicycle 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 during the rental period. Ranch Camp 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 exceed the amount of the security deposit, Renter shall be billed by Ranch Camp for the full amount of damages caused by Renter during the rental period, including reasonable attorney’s fees, if applicable.
- Late Return. If Renter returns the bicycle to the designated return area more than 30 minutes after the scheduled “Return Time,” Renter will be subject to additional daily charges.
BY SIGNING THIS AGREEMENT, RENTER AGREES AS FOLLOWS: I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY VERMONT LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.