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IMPORTANT: Please Read! By completing this transaction, you agree to the following:
Privacy Policy
Terms & Conditions
Cancellation Policy For Rented Items: Cancellations made 48 hours or more before pick-up will receive a full refund of the deposit fee, less a $10 processing fee. If the deposit fee is less than $10 then no refund will be given. Cancellations made less than 48 hours before pick-up will charged for 1 day of rental and credited any additional days.
Rental Items WILL require a Security Deposit of up to the item value at time of pick-up
WAIVER, RELEASE & INDEMNIFICATION
READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY BEFORE PROCEEDING WITH THIS RENTAL TRANSACTION. SHOULD YOU PROCEED, YOU ARE AGREEING WITH THESE TERMS. Its effect is to release ABCYCLERY dba RIDE Cyclery and their respective managers, members, employees, agents, independent contractors, representatives, successors and assign (collectively, together as the “Released Parties”) from any liability resulting from your (or, if you are signing as the parent or legal guardian of a minor, the minor’s) participation in the activities described below and to waive all claims for damages or losses against RIDE Cyclery and their respective employees which may arise from such activities even if they result from negligence. All references to “we” mean any person signing this document, on his or her own behalf and for all other persons on whose behalf the undersigned signs this document. We desire to utilize the bicycle rental services offered by and through the RIDEcyclery.com website, which website is owned and operated by ABCYCLERY, and/or to rent a bicycle or utilize services from RIDE CYCLERY (collectively, the “Services”). We understand that the waivers and releases contained in this Waiver, Release & Indemnification apply to all of the Released Parties. In consideration for permitting us to utilize the Services, and acknowledging that we voluntarily choose to utilize the Services, we agree as follows:
1. We understand that this Waiver, Release & Indemnification applies to all bicycle and associated equipment rentals made through the use of the Services, and to the Services themselves. We accept for use the bicycle and associated equipment (collectively, the “Rental Equipment”) identified on this form. We accept full responsibility for the care and use of the Rental Equipment, and the Rental Equipment will be used only in a manner consistent with its intended purpose, within its inherent limitations, in accordance with all applicable laws. Rental Equipment and Services will be used only by the individuals signing this document and not for any form of racing. We understand that RIDE Cyclery is in no way responsible for the safety or quality of the Rental Equipment and assumes no liability for such. We further understand that RIDE Cyclery assumes no liability and takes no responsibility for any damage that might occur through our use of the Services.
2. We understand that bicycling can be a hazardous and dangerous activity and that bicycling, including the use of the Rental Equipment, involves a risk of serious bodily injury and death. We are familiar with the risks of bicycling, including, but not limited to, the risks of mechanical failure; equipment failure; inability to control the speed or direction of the bicycle; collisions with, among other things, people, animals, inanimate objects, natural object, other bicyclists, and automobiles; and negligence of the Released Parties. We understand the importance of bicycle safety equipment, including helmets, and have had the opportunity to purchase or rent the same. We assume all risks, whether known or unknown, and responsibility for any losses, costs or injuries incurred in connection with our use of the Services and/or the Rental Equipment, even if arising from or relating to the negligence of one or more of the Released Parties, except to the extent caused by the recklessness or intentional misconduct of one or more of the Released Parties.
3. We forever release, discharge, and covenant and agree not to sue any of the Released Parties from all liability to any of us (whether for damage to persons or property) in any way arising from or relating to our use of the Services and/or the Rental Equipment, including any of our own negligence or breach of contract, except to the extent that such liability arises from a particular Released Party’s recklessness or intentional misconduct. We agree that if, despite our release, one of us or any person on our behalf makes any claim against any of the Released Parties falling within the scope of the release set forth in this Waiver, Release & Indemnification, we will indemnify and hold harmless all of the Released Parties from and against such claim and any associated litigation expenses, attorneys’ fees, losses, liabilities damages or other costs any of them may incur. Without limiting the foregoing, we agree that, if we are signing on behalf of a minor and, despite our release, the minor or any person on behalf of the minor makes any claim against any of the Released Parties falling within the scope of the release set forth in this Waiver, Release & Indemnification, we will indemnify and hold harmless all of the Released Parties from and against such claim and any associated litigation expenses, attorney’s fees, losses, liabilities damages or other costs any of them may incur. We agree that this Waiver, Release & Indemnification shall be effective and binding on our respective heirs, next of kin, executors, administrators and representatives in the event of death or incapacity.
4. We agree that any disputes arising out of this Waiver, Release & Indemnification or otherwise involving any of us and any of the Released Parties shall be brought brought exclusively in San Diego California, and we hereby consent to the jurisdiction of the United States District Court, Southern District of California. We further agree that the laws of the State of California shall govern the terms of this Waiver, Release & Indemnification and the relationship between the parties, including the rights, duties and obligations of each. We agree that this Waiver, Release & Indemnification is intended to be interpreted as broadly and expansively as permitted under the laws of Illinois and that if any portion herein is held invalid, we agree that the remaining provisions shall continue in full legal force and effect.
We have read this Waiver, Release & Indemnification in its entirety, we understand its terms, and we enter into it knowingly, voluntarily and intentionally for the purpose of inducing RIDE Cyclery to allow us to utilize the Services and Rental Equipment. We are age 18 or older (or, if under age 18, have had this document co-signed by a parent or legal guardian) and are duly authorized to sign this agreement on behalf of all parties listed below.
Signatures Required at Time of Pick-Up