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Terms and Conditions
YT Industries USA
Terms and Conditions of Bicycle Loan
Borrower (“Borrower,” “I,” “me,” or “my”) desires to borrow and test ride a bicycle from YT Industries USA, Inc. (“YT,” “we,” “our” or “us”), which use and test ride will be governed by the terms and conditions of this agreement.
Borrower (“Borrower,” “I,” “me,” or “my”) desires to borrow and test ride a bicycle from YT Industries USA, Inc. (“YT,” “we,” “our” or “us”), which use and test ride will be governed by the terms and conditions of this agreement.
1. OBLIGATIONS OF THE BORROWER
1.1. The borrower undertakes the responsibility to use the borrowed bike properly and carefully. The bike must always be locked to fixed objects, even if only parking briefly. It is not permitted to transfer the bike to third parties or allow any other person to ride the bike. After the loan duration has expired, the borrower must return the bike to the lender in the same condition received at the time of the loan.
1.2. The borrower may not make any technical modifications to the bike. The borrower may not optically change the bike, especially not with paint, stickers or adhesive films.
1.3. When returning the bike, the borrower must report to the lender any defects that have occurred.
1.4. The borrower assures that the bike will not be operated under the influence of alcohol, drugs or other intoxicating substances.
1.5. The borrower must wear appropriate protective clothing while using the loaned bicycle, such as elbow and/or knee protectors. A HELMET MUST BE WORN AT ALL TIMES WHILE RIDING THE BIKE.
1.6. The borrower attests that he/she is at least 18 years old at the time of rental.
2. LIABILITY
2.1. The borrower is responsible for any damages to person or property that result from negligence or improper use. The borrower is liable for the costs of the repair or replacement if the bicycle in the event of loss, theft or damage to the bicycle, unless it is proven that the damage is due to deliberate or grossly negligent operational faults of the bike caused by the lender.
2.2. Borrower understands that there is no requirement to participate in bicycle riding and riding a bicycle is an inherently dangerous activity. Risks include, but are not limited to: DEATH, INJURY TO BODY, DAMAGE TO GEAR and CLOTHING; and damage to and or injury to others. The bike is ridden at the borrower's own risk. Rider acknowledges that (s)he is physically fit, has had sufficient training to participate in riding a bicycle, and has not been advised otherwise by a qualified medical person. The lender assumes no liability for damage to property or personal injury. The lender assumes no liability for unforeseen damage (defective tires, torn gear cable or the like), except in cases of intent or gross negligence.
2.3. If damage is determined when the bike is returned that has not been listed in this contract, it will be assumed that the borrower is responsible for the damage, unless the borrower proves that the damage already existed when he/she took over the bike.
2.4. Rider, on behalf of himself/herself, and their estate, heirs, and assigns agrees and hereby does fully release, discharge, and covenant not to sue YT, or its parents, subsidiaries, affiliates, officers, directors, employees or agents, for any claim, demand, cause of action, suit, judgement, injury, property damage, action, cost or fee (including attorneys’ fees) of any and every kind (known or unknown) that may result from or relate to my participation in riding the loaned bicycle from YT I hereby consent to receive medical treatment which may be deemed advisable in the event of an injury, accident or illness during my use of the bicycle.
2.5. Rider further agrees to indemnify, defend and hold YT harmless for any damages, injuries, or claims, including attorneys’ fees and costs incurred by YT as a result of Rider’s rental of the Equipment and/or bike riding. Rider agrees that Rider’s obligation to indemnify and hold YT harmless applies even if YT is negligent. Rider understands this is a contract, which limits Rider’s legal rights, and it is binding upon Rider and Rider’s heirs, agents and legal representatives. If portions of this Waiver are invalid, it is agreed the remaining portions will remain intact and enforceable.
2.6. In the event of theft or accident, the lender is entitled to pass on the information provided above about the borrower to third parties (police, etc.).
3. RETURN
An extension of the rental period requires the consent of the lender before the rental period expires.
4. PRIVACY POLICY
I agree that my private information may be collected, retained and used by YT for the purposes of marketing and advertising (including, but not limited to, the sending of information about YT products), customer support (e.g. personalized customer information), contact, or market and opinion research (e.g. customer surveys). All information received from borrower by YT will be recorded, used and protected by YT in accordance with its current data protection policy and this agreement. YT will never sell any information about you to anyone. We are part of a larger company (including a parent company in Germany), and we may share your information with our parent and affiliated companies. We may also need to share your private information with third parties that perform services for us; however, we will limit the personal information that we give to them and authorize them to use this information only for the purpose of performing those services needed. YT has a policy not to flood people with email correspondence, but simply to give you periodic information so you can stay up to date on YT. YT will send emails to you only if you ask for them and you can easily unsubscribe at any time you want. YT will provide you with access to your personal information you provide to us by allowing you to view, update or correct your information. You may request to stop receiving communications from YT at any time. You may choose to cancel emails only, snail mail only, or both by contacting our customer service department at 1-833-982-4537. All emails you receive will provide you with information as to how to get off the email list, if you so desire. It takes some time to put opt-outs in effect; so you may still receive contact for some period of time after submitting a request.
5. FINAL PROVISIONS
5.1. These terms and conditions form the entire agreement between rider and YT. There are no verbal or ancillary agreements to this agreement. These terms and conditions supersede any written or verbal agreement otherwise.
5.2. Changes to this agreement must be made in writing. This also applies to changes to this written form clause.
5.3. In the event that individual provisions of this agreement are or become fully or partially invalid or infeasible, or in the event that this agreement contains loopholes, this shall not affect the effectiveness of the other provisions of this agreement. In place of the ineffective, impracticable or missing provision, such an effective and enforceable provision shall be agreed between the parties as they would have agreed upon in consideration of the economic purpose of this agreement if they had known of the ineffectiveness, impracticability or absence of the respective provision when concluding this agreement. The parties must confirm such a provision in the form requested, but at least in writing.
5.4. I agree and acknowledge that these terms and conditions have been entered into in and shall be governed by and construed in accordance with the laws of the State of California. In the event of any dispute, claim or controversy arising out of or relating to these terms and conditions, including the scope, interpretation, breach or validity thereof, I agree and consent that such will be administered by Judicate West in Orange County, California, and resolved pursuant to this multi-step dispute resolution process: As a first step, the parties will engage in non-binding mediation, with YT bearing the administrative costs of mediation. Should the mediation process fail to resolve any issue(s), I agree to submit any remaining dispute(s) to binding arbitration, in which YT will bear the administrative fees of arbitration. The Judicate West Arbitration Rules & Procedures will govern the arbitration proceeding in effect at the time of the arbitration. Any award of the arbitrator shall grant all forms of damages, including punitive damages and injunctive relief, and may be entered as a judgment in any court having jurisdiction. I expressly waive my right to have any dispute, conflict or claim tried in any other manner or forum.
1.1. The borrower undertakes the responsibility to use the borrowed bike properly and carefully. The bike must always be locked to fixed objects, even if only parking briefly. It is not permitted to transfer the bike to third parties or allow any other person to ride the bike. After the loan duration has expired, the borrower must return the bike to the lender in the same condition received at the time of the loan.
1.2. The borrower may not make any technical modifications to the bike. The borrower may not optically change the bike, especially not with paint, stickers or adhesive films.
1.3. When returning the bike, the borrower must report to the lender any defects that have occurred.
1.4. The borrower assures that the bike will not be operated under the influence of alcohol, drugs or other intoxicating substances.
1.5. The borrower must wear appropriate protective clothing while using the loaned bicycle, such as elbow and/or knee protectors. A HELMET MUST BE WORN AT ALL TIMES WHILE RIDING THE BIKE.
1.6. The borrower attests that he/she is at least 18 years old at the time of rental.
2. LIABILITY
2.1. The borrower is responsible for any damages to person or property that result from negligence or improper use. The borrower is liable for the costs of the repair or replacement if the bicycle in the event of loss, theft or damage to the bicycle, unless it is proven that the damage is due to deliberate or grossly negligent operational faults of the bike caused by the lender.
2.2. Borrower understands that there is no requirement to participate in bicycle riding and riding a bicycle is an inherently dangerous activity. Risks include, but are not limited to: DEATH, INJURY TO BODY, DAMAGE TO GEAR and CLOTHING; and damage to and or injury to others. The bike is ridden at the borrower's own risk. Rider acknowledges that (s)he is physically fit, has had sufficient training to participate in riding a bicycle, and has not been advised otherwise by a qualified medical person. The lender assumes no liability for damage to property or personal injury. The lender assumes no liability for unforeseen damage (defective tires, torn gear cable or the like), except in cases of intent or gross negligence.
2.3. If damage is determined when the bike is returned that has not been listed in this contract, it will be assumed that the borrower is responsible for the damage, unless the borrower proves that the damage already existed when he/she took over the bike.
2.4. Rider, on behalf of himself/herself, and their estate, heirs, and assigns agrees and hereby does fully release, discharge, and covenant not to sue YT, or its parents, subsidiaries, affiliates, officers, directors, employees or agents, for any claim, demand, cause of action, suit, judgement, injury, property damage, action, cost or fee (including attorneys’ fees) of any and every kind (known or unknown) that may result from or relate to my participation in riding the loaned bicycle from YT I hereby consent to receive medical treatment which may be deemed advisable in the event of an injury, accident or illness during my use of the bicycle.
2.5. Rider further agrees to indemnify, defend and hold YT harmless for any damages, injuries, or claims, including attorneys’ fees and costs incurred by YT as a result of Rider’s rental of the Equipment and/or bike riding. Rider agrees that Rider’s obligation to indemnify and hold YT harmless applies even if YT is negligent. Rider understands this is a contract, which limits Rider’s legal rights, and it is binding upon Rider and Rider’s heirs, agents and legal representatives. If portions of this Waiver are invalid, it is agreed the remaining portions will remain intact and enforceable.
2.6. In the event of theft or accident, the lender is entitled to pass on the information provided above about the borrower to third parties (police, etc.).
3. RETURN
An extension of the rental period requires the consent of the lender before the rental period expires.
4. PRIVACY POLICY
I agree that my private information may be collected, retained and used by YT for the purposes of marketing and advertising (including, but not limited to, the sending of information about YT products), customer support (e.g. personalized customer information), contact, or market and opinion research (e.g. customer surveys). All information received from borrower by YT will be recorded, used and protected by YT in accordance with its current data protection policy and this agreement. YT will never sell any information about you to anyone. We are part of a larger company (including a parent company in Germany), and we may share your information with our parent and affiliated companies. We may also need to share your private information with third parties that perform services for us; however, we will limit the personal information that we give to them and authorize them to use this information only for the purpose of performing those services needed. YT has a policy not to flood people with email correspondence, but simply to give you periodic information so you can stay up to date on YT. YT will send emails to you only if you ask for them and you can easily unsubscribe at any time you want. YT will provide you with access to your personal information you provide to us by allowing you to view, update or correct your information. You may request to stop receiving communications from YT at any time. You may choose to cancel emails only, snail mail only, or both by contacting our customer service department at 1-833-982-4537. All emails you receive will provide you with information as to how to get off the email list, if you so desire. It takes some time to put opt-outs in effect; so you may still receive contact for some period of time after submitting a request.
5. FINAL PROVISIONS
5.1. These terms and conditions form the entire agreement between rider and YT. There are no verbal or ancillary agreements to this agreement. These terms and conditions supersede any written or verbal agreement otherwise.
5.2. Changes to this agreement must be made in writing. This also applies to changes to this written form clause.
5.3. In the event that individual provisions of this agreement are or become fully or partially invalid or infeasible, or in the event that this agreement contains loopholes, this shall not affect the effectiveness of the other provisions of this agreement. In place of the ineffective, impracticable or missing provision, such an effective and enforceable provision shall be agreed between the parties as they would have agreed upon in consideration of the economic purpose of this agreement if they had known of the ineffectiveness, impracticability or absence of the respective provision when concluding this agreement. The parties must confirm such a provision in the form requested, but at least in writing.
5.4. I agree and acknowledge that these terms and conditions have been entered into in and shall be governed by and construed in accordance with the laws of the State of California. In the event of any dispute, claim or controversy arising out of or relating to these terms and conditions, including the scope, interpretation, breach or validity thereof, I agree and consent that such will be administered by Judicate West in Orange County, California, and resolved pursuant to this multi-step dispute resolution process: As a first step, the parties will engage in non-binding mediation, with YT bearing the administrative costs of mediation. Should the mediation process fail to resolve any issue(s), I agree to submit any remaining dispute(s) to binding arbitration, in which YT will bear the administrative fees of arbitration. The Judicate West Arbitration Rules & Procedures will govern the arbitration proceeding in effect at the time of the arbitration. Any award of the arbitrator shall grant all forms of damages, including punitive damages and injunctive relief, and may be entered as a judgment in any court having jurisdiction. I expressly waive my right to have any dispute, conflict or claim tried in any other manner or forum.