Sports Plus - Rental Waiver

ORGANIZATION NAME: Meadow Hill Partners Inc DBA Sports Plus (“Sports Plus”) and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”.)

DEFINITION: In this Release Agreement, the term "Recreational Sports” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: biking; inline skating; skiing; snowboarding; snowshoeing; bike rental; inline skate rental; ski rental; snowboard rental; snowshoe rental; use of helmets, locks, baskets, lights, pads, and other rental add-on accessories (hereinafter referred as "Rental Add-Ons"); orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to Biking, Inline Skating, Skiing, Snowboarding, Snowshoeing or the rental of Equipment.

RENTAL AGREEMENT: I accept full responsibility for the bike, inline skate, ski/snowboard, or snowshoe equipment rented (“the Equipment”) and authorize Sports Plus to charge my credit card for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date. I acknowledge I have inspected each item of Equipment and determined it to be in satisfactory condition for my rental.

BIKING SAFETY: I acknowledge that I have been advised to wear an approved helmet while Biking. Wearing an approved helmet while Biking is required for individuals eighteen (18) years of age and under. I am aware that Biking is subject to all applicable municipal and provincial highway traffic regulations. I am aware that front and rear lights are required when biking at night or when it is raining and I have been offered the option of adding lights to my rental.I am familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Equipment.

INLINE SKATING SAFETY: I acknowledge that I have been advised to wear an approved helmet and knee, elbow, and wrist pads while Inline Skating. Wearing an approved helmet while Inline Skating is required for individuals eighteen (18) years of age and under. I am aware that Inline Skating is subject to all applicable municipal and provincial highway traffic regulations. I am familiar with the proper use of the Equipment, including brakes. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Equipment.

SKIING/SNOWBOARDING/SNOWSHOEING SAFETY: I acknowledge that Sports Plus will set the visual indicator settings on mine or the minor’s skis in accordance to the manufacturer’s specifications and the height, weight, shoe size, age, skier type, experience, head size and other information requested, I have provided on this form. I understand that the binding system cannot guarantee the user’s safety. In downhill skiing or ski boarding, the binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. In snowboarding and snowshoeing (collectively RECREATIONAL SNOW SPORTS), the binding systems will not ordinarily release during use; these bindings are not designed to release as a result of forces generated during ordinary operation.

ASSUMPTION OF RISKS: I am aware that Recreational Sports and the rental of Recreational Sports Equipment involves many risks, dangers and hazards including, but not limited to: mechanical failure of the Equipment, loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams and creeks and man-made structures such as bridges, ladders, berms and jumps; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for Biking; travel on highways and back-country roads; encounters with domestic and wild animals; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated, from ones party; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES AND THE MANUFACTURES AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF BIKING, SKIING, SNOWBOARDING, SNOWSHOEING, OR INLINE SKATING AS A RESULT OF MY USE OF THE EQUIPMENT.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH RECREATIONAL SPORTS AND THE RENTAL OF RECREATIONAL SPORTS EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the RELEASEES agreeing to rent me Recreational Sports Equipment and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Biking or the use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment;
2. TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Recreational Sports or my use of the Equipment.
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Colorado and no other jurisdiction; and
5. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Recreational Sports or my use of the Equipment, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Sports Plus - Payment Authorization Agreement

By submitting my rental reservation and signing this agreement, I confirm to be an authorized Credit Cardholder of the card I use at checkout; and in accordance with my Cardholder Agreement, I agree to the following terms of payment for the rental of Recreational Sports Equipment:

CREDIT CARD INFORMATION: I understand Sports Plus’ credit card processor will securely encrypt and store my credit card information.

SECURITY DEPOSIT: Upon submission of my Rental Reservation, I, the cardholder, hereby authorizes Sports Plus to charge a fifty-percent (50%) Security Deposit to my credit card. I understand that this deposit is non-refundable.

RENTAL COMMENCEMENT: I authorize Sports Plus to charge my credit-card the remaining fifty-percent (50%) of my Rental Fee at the start of my Rental Period. I authorize Sports Plus to charge a Security Deposit for the full replacement value of the Rental Equipment at the time of commencement. This Security Deposit will be refunded upon completion of the Rental Period when items have been found to be in acceptable condition by Sports Plus staff.

CANCELLATION FEE: If I choose to cancel my reservation fewer than two (2) days from the start of my rental period, I authorize Sports Plus to charge my credit-card with a Cancellation Fee of eighty-percent (80%) my total Rental Fee. Cancellations must be granted by Sports Plus and confirmed via email. No-call no-shows or cancellations without express written permission granted by Sports Plus will be charged the full rental amount.

DAMAGE FEE: If I return Rental Equipment with damage, I authorize Sports Plus to charge my credit-card a Damage Fee. I understand this fee will be calculated by the amount of damage to the Equipment, and that damage will be determined at the sole discretion of Sports Plus staff whose decision is final. I authorize Sports Plus to charge my credit-card a Damage Fee up to the full value of the Rental Equipment for any Rental Equipment on my Rental Reservation that I return with damage.

LATE FEE: If I choose to keep my Rental Equipment longer than my rental duration, I agree to contacting Sports Plus to request a Rental Extension. I understand that a Rental Extension is not guaranteed. If I choose to retain Rental Equipment for a duration longer than my selected Rental Period, without receiving a Rental Extension, I authorize Sports Plus to charge my credit-card with a late fee of one-hundred and fifty percent (150%) of the day Rental Rate for each non-returned item, per each day I fail to return them.

Example Late Fee Calculation:

 Inline Skate Rentals: $25/day * 150% 

Late Fee: $37.50 + Tax per day     

RETURNING EQUIPMENT: I understand I must return Rental Equipment on or before the date the rental is due as outlined in my reservation. IN THE EVENT I RETURN MY RENTAL EARLY, I WILL RECEIVE NO REFUND FOR THE REMAINDER OF THE RENTAL.  I UNDERSTAND THAT SPORTS PLUS IS CLOSED ON MONDAYS AND THAT RENTAL EQUIPMENT MAY NOT BE RETURNED ON MONDAY.  Rental equipment due on Sunday but not returned on Sunday will incur rental costs of Monday plus Tuesday, assuming the equipment is returned on Tuesday. Monday is not a free day. I understand Sports Plus is not responsible or liable for any of my personal property I may have left with my returned Renal Equipment. I understand I must return rental items to a Sports Plus representative and wait to be dismissed after Sports Plus representative has closed my transaction.

PROHIBITED USE: I understand I may not operate any Rental Equipment while under the influence of controlled substances including but not limited to: alcohol, marijuana, and prescription drugs that may have a negative impact on my ability to operate the Rental Equipment safely. I understand that bikes and inline skates are only to be used on paved roads at all times. Skis, Snowboards, Snowshoes, and their add-ons are only to be used on trails approved for use of these items. SKIS AND SNOWBOARDS ARE TO BE USED ONLY IN SKI AREAS IN-BOUNDS. Rental Equipment is not to be used for any illegal activity or while illegal activities are being performed. All overnight rentals must be kept inside at night (not locked outside). If you are concerned that your lodging may not accommodate bicycles or skis, it is best to check before picking up your rental.

EQUIPMENT NON-RETURN FEE: I understand that all Rental Equipment must be checked-in at the end of my Rental Period. If I choose not to return any Rental Equipment on my Rental Reservation at check-in, I authorize Sports Plus to charge my credit-card the full retail value of the non-returned Equipment.

Sports Plus - Electronic Communications (Email/SMS Communications) Agreement

We are committed to keeping your information confidential. We do not sell, rent, or lease our lists to third parties, and we will not provide your personal information to any third-party individual, government agency, or company at any time unless compelled to do so by law.

We will use your e-mail address solely to provide timely information about Sports Plus.

By submitting my rental reservation, I agree to receiving Electronic Mail (email) communications from Sports Plus regarding my rental reservation, community events and occasional promotions.

I agree to the terms listed above, and certify that I am the person listed on the form. I understand that only the person listed on rental software form may operate the Rental Equipment during the duration of each Rental Period.