Rick's Outpost @ Gurney Lane
Rental Agreement and Waiver
READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING.
In consideration of my being permitted during the course of this sporting activity by ERLJML, Inc.
to use their rental bikes, I hereby knowingly agree to the terms of the following waiver and release of liability form and I make the following representations:
- Indemnification. I hereby agree to indemnify and hold harmless Rick’s Bike Shop and Outpost, its owners, officers, employees, bike manufacturers, lessors, insurers, equipment manufacturers and agents from all liability for any such personal injury or property damage that may occur. This release extends to injuries and includes all that may occur through acts of or perceived negligence of the employees or other patrons.
- Assumption of Risk. I am physically fit and know of no medical or health reason whereby I should not participate in cycling. I agree to assume all risks of personal injury, including paralysis and death that may occur while I am riding. I understand that mountain biking is not the same as cycling on a road, and that additional skills are necessary for mountain biking. I agree to ride trails within my abilities and I agree to seek qualified instruction before attempting to ride trails above my riding ability. I understand that anytime I am riding on a road I will follow all traffic rules. I will wear a cycling specific helmet anytime I am riding a rental bike.
- Acceptable Use. I understand that mountain biking is not the same as cycling on a road, and that additional skills are necessary for mountain biking. I agree to ride trails within my abilities and I agree to seek qualified instruction before attempting to ride trails above my riding ability. I understand that anytime I am riding on a road I will follow all traffic rules. I will wear a cycling specific helmet anytime I am riding a rental bike.
- Prohibited Activities. There are no passengers permitted on the bicycle unless expressly permitted by Rick’s Bike Shop and Outpost. There is no smoking while on the bicycle and no alcoholic beverages permitted while using the bicycle.
- Media Rights. Rick’s Bike Shop and Outpost reserves the right to use any photograph, video, audio recording or any other media taken of me at any of the Facilities, during a group ride, or in connection with any other activities, in Rick’s Bike Shop and Outpost promotional materials, brochures, website, and any other advertising.
- Late Return - Bikes Returned after the allotted rental period may result in a charge for the next rental period.
- Condition of Bicycle upon Return. Renter Shall return the bicycle to Rick’s Outpost clean and in the same condition as it was in when given to Renter. Except for ordinary wear and tear, Renter shall be responsible for any damage caused to the bicycle during the rental period.
- Feature Instruction. I understand that my mountain bike rental has many features including (but not limited to) mechanical shifting gears, hydraulic or cable actuated disc brakes, dropper seatpost, and suspension. These features are inspected before every use. If I feel that something is not functioning properly, I will bring it to the attention of the a staff member.
- Orientation. I understand that a staff member will review the basic bike functions with me prior to usage upon request.
- HELMET REQUIREMENT. I understand that a helmet is required at all times while using a rental bike, whether it be on premises or off-site rental. If I do not have my own helmet, I will use one provided by Rick’s Bike Shop at no additional cost.
- Release and Waiver of Claims. I acknowledge the inherent extreme risks included in cycling. I realize those risks include but are not limited to falls, crashes, collisions, equipment failure, bad decision making, and unforeseen trail obstacles. I understand that there are unavoidable and unforeseeable accidents and incidents that result in serious personal injury. I assume all risks associated with such accidents, even though I cannot foresee them. I agree to pay attention to the condition of any location I am riding and the condition of the bike I am riding and if I do any damage or notice any damage or adverse conditions affecting equipment and trails I will notify staff. This release applies to and binds my personal representatives, heirs and family. If a member of my family under the age of 18 accompanies me while using rental bikes, I make this release and these representations on his or her behalf as well as my own, and agree to assume responsibility for his or her safety. This is a binding contract. I understand that this release is a contract. I sign it of my own free will. I also understand that this contract is severable; in other words, that if any part of it is held by a court of law to be unenforceable, the rest of it will survive. I further acknowledge that I have been provided ample time to read this Release of Liability Form and understand fully its contents.
Renter has read and understands all of the terms, conditions and rules set forth above, and agrees to all terms without reservation.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any minor under the age of 18 and agree that they and the minor are subject to all the terms of this document, as set forth above. |