BICYCLE RENTAL AGREEMENT
In consideration of bicycle rental privileges, the Participant and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor (collectively “Participant”) agrees to the following terms and conditions of this Rental Agreement.
Assumption of Liability
Participant assumes full responsibility for the bicycle and any other equipment rented or included in the rental. Participant agrees to compensate Insert Company’s Name for damages and/or theft of equipment during the rental period. Insert Company’s Name is not responsible for participants who incur equipment malfunction during the rental period. Upon request, extra tools can be provided for use with the rental equipment. Participant agrees that the bicycle and equipment are in undamaged, working and in good condition at the time of the rental.
Assumption of Risk
Participant accepts the bicycle for use, exercising his/her own free choice to participate voluntarily in this activity. Participant promises to take due care during such participation, use and/or operation of the bicycle. Participant understands that bicycling is a hazardous activity. Participant acknowledges, understands and assumes all risks relating to the maintenance, design, use and/or the operation of the bicycle and understands that bicycling involves risks to the Participant and others including bodily injury, partial or total disability, paralysis and death, and damages which may arise there from and that Participant has full knowledge of said risks and dangers. Participant understands that bicycle protective gear such as helmets and gloves are not provided but are recommended. Participant understands that such gear, even when used, does not eliminate the risk of injury in the event of an accident.
Participant acknowledges that there may be risks and dangers not known to Participant or not reasonably foreseeable at this time, and Participant assumes responsibility for any and all such risks and dangers. Participant acknowledges and understands that risks and dangers related to the maintenance, design, use and/or operation of the bicycle may be caused by the negligence of the Participant or the negligence of others, including Insert Company’s Name. Participant assumes responsibility for all such risks and dangers.
Participant freely and expressly assumes and accepts any risks and all injury to Participant, Participant’s personal property, and any others injured or damages as a result of the maintenance, design, and use and/or operation of the bicycle.
Release Waiver
PARTICIPANT RELEASES, DISCHARGES, AGREES TO INDEMNIFY, SAVES AND HOLDS HARMLESS, AND COVENANTS AND AGREES NOT TO SUE OR MAKE ANY CLAIM AGAINST Insert Company’s Name, ITS ADVERTISERS, VOLUNTEERS, EMPLOYEES, DISTRIBUTORS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS OF EACH OF THE ABOVE (COLLECTIVELY THE “RELEASEES”), WITH RESPECT TO ANY AND ALL DAMAGES, CLAIMS, DEMANDS, ATTORNEYS’ FEES, EXPENSES, LIABILITIES, CHARGES, SUITS, OR CAUSES OF ACTION FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, OR ANY OTHER DAMAGE OR LOSS WHATSOEVER, WHETHER BASED ON NEGLIGENCE, GROSS NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, THAT PLAINTIFF OR HIS/HER HEIRS, EXECUTORS, ASSIGNS OR ANYONE CLAIMING BY OR THROUGH PARTICIPANT OR THEM MAY HAVE, RELATING IN ANY WAY TO THE SELECTION, MAINTENANCE, ADJUSTMENT, DESIGN, MANUFACTURE, CONDITION AND/OR USE OF THIS RENTAL AND/OR ANY OTHER EQUIPMENT LISTED ABOVE EVEN IF ANY OF THE FOREGOING ARE CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR THE FAILURE OF ANY OF THEIR PRODUCTS OR RENTAL EQUIPMENT.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.
Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement.
Waiver
The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Acceptance of Terms and Conditions
Participant accepts and agrees to accept the terms of this Agreement. Participant further understands that Insert Company’s Name makes no warranties, express or implied, which extend beyond the description of the rental described above.
Participant has carefully read this Rental Agreement and fully understands the release of liability provisions it contains. Participant is aware that this is a release of liability in consideration for each bicycle being loaned out to him/her and Participant signed this Rental Agreement under his/her own free will.
Participant’s Name: ___________________________________________________________
Signature: ______________________________ Date: ______________________________
FOR MINORS ONLY
Parent/Legal Guardian’s Name: __________________________________________________
Signature: ______________________________ Date: ______________________________
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