WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. READ CAREFULLY.

In consideration of Rising Tide EV Inc, operating as Rising Tide Electric Bicycles (the “Business”) renting to me, the undersigned, and to the other renters listed in this Agreement for the amount listed on the front of the waiver, I hereby for myself and the other renters and for, where applicable, the other parent/parents/legal guardians of any children listed above, and for the insurers, next of kin and heirs of all the foregoing, and for any person claiming through or under them (the “Releasors”)

I HEREBY ACKNOWLEDGE,

APPRECIATE AND AGREE THAT:

1. I assume all risk and release and hold harmless the business, its owners, subsidiaries, affiliates, employees, officers, directors, agents, servants, successors and assigns (collectively, the “Releasees”) from any legal or equitable claims, demands, debts, law suits or causes of action that I, my estate, heirs, survivors, executors, or assigns may have had in the past, have now or may have in the future for any and all injury, disability, death, loss or damage to person or property, howsoever caused, including but not limited to the risks described in paragraphs 4, 5, 6, 7,8,9 and 10 of this Agreement, or by negligence, gross negligence, breach of contract or breach of any duty imposed by the common law or statute.

2. By entering into this Agreement, I am not relying on any oral or written representations made by the Releasees, other than what is set out in this Agreement. This Agreement is the entire agreement on liability between the Releasees and the signing party (“Releasor”). No other terms may be incorporated into this Agreement. If any provision of the Agreement is found to be unenforceable, the remaining terms shall be enforceable. Litigation arising from this Agreement will be commenced in the province/territory that the activity was undertaken in.

3.  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 unless expressly permitted by Rising Tide EVS Inc. in writing prior to use.

•        There is no smoking while on the bicycle.

•        No consumption of alcoholic beverages permitted while using the bicycle.

•        No passenger is permitted to ride without a helmet as per the Laws of Prince Edward Island.

4.   Unsafe Use. If at any time Rising Tide EVS Inc. determines that Renter has engaged in unsafe or hazardous use of the bicycle, Rising Tide EVS Inc. may immediately terminate the rental. Upon notification of termination, the Renter must return the bicycle to the designated return area immediately. If the rental is terminated for unsafe or hazardous use, the Renter will not be refunded his/her security deposit. Rising Tide EVS Inc. shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”

5.   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 when given to Renter, excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the bicycle during the rental period. Rising Tide EVS Inc. 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 Rising Tide EVS Inc. for the full amount of damages caused by Renter during the rental period, including reasonable attorney’s fees.

6. Late Return. Hourly and daily rentals are due back 15 minutes prior to closing time. If Renter returns the bicycle to the designated return area more than 20 minutes after the scheduled “Time Back,” Renter shall be subject to late charges.

7. I acknowledge and agree that from the time I rent the Equipment until the time I properly return it, I will be responsible for any such Equipment that is lost or stolen and for any damage that occurs to such equipment.

8. Risk of injury from the activity and equipment utilized in cycling, and related land activities is significant and includes the potential for broken bones, injuries related to exposure to natural elements, contagions, and man-made pollutants, and severe injuries to the head, neck, and back, or other bodily injuries that may result in permanent disability or death.

9. Potential causes of injury include, but are not limited to debris, cold weather, lightning, or other natural forces; camping, animal attacks, or other similar activities; my own negligence or the negligence of others, including that of the Releases, which may include misjudgments of terrain, weather or route choice.

10. I understand that this description of potential risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

I confirm that the information listed in this Agreement is true, complete, and accurate and that the only person using the equipment will be that who is listed. I confirm that I have had sufficient time to read and understand this waiver in its entirety, and have agreed to the terms freely and voluntarily without inducement. I understand that this waiver is binding on me, my heirs or assigns, and my legal Representatives.