PART 1 - RENTAL POLICIES
In consideration of the Services of The Bike Depot LLC, their officers, agents, employees, owners, and all other persons or entities associated with those businesses (hereafter collectively referred to as “The Bike Depot”), I (“Rider”, “me” and “I”) agree as follows:
- Services: “Services” provided by The Bike Depot comprise: (1) Bike (“Bike” or “Bikes”); (2) authorized bike rental pick-up and/or drop-off locations, where offered (“Locations”); (3) all related equipment, personnel, and information.
- Sole User: The Bike Depot expressly agrees to allow Rider to use the Services, and Rider agrees to use the Services, subject to the terms and conditions in this Agreement. The Rider is the sole person using the Services provided to the Rider and is responsible for complying with all terms and conditions in the Agreement.
- Payment: All bike rentals will require a non-refundable credit card deposit on our website. One deposit is required per Rider.
- Helmet Requirement: Helmets are required to be worn at all times by all participants. A helmet will be provided to the Rider by The Bike Depot. Rider should ask for assistance if there is any question about its use.
- Traffic Laws: Rider must obey all traffic laws and ride with caution.
- Weather Policy: No refunds on deposits will be given due to inclement weather. However, with your deposit, we will gladly transfer your reservation to a better day/time.
- Minors: Parent/Legal guardian is required to complete and sign this Acknowledgement and Assumption of Risk form for all underage participants and ride with the minor.
- Responsibility for Equipment: Rider is responsible for all rented equipment from the time of rental to the time of return, including damage of any kind or any amount, structural damage/cracks to frames, theft or loss of any equipment, damages caused by fire or underwater submersion, negligent or deliberate destruction, abuse, or vandalism by the Rider or other parties.
- Return Policy: Rider is responsible for returning bicycle(s) to the sales area. Abandoned bicycle(s) will incur a fee of $110 per bike, plus additional costs if damaged or stolen as a result of abandonment, as set forth in paragraph number 13 below, and other fees set forth in paragraph 10, and Part 2.
- Late Returns: All late returns will be charged a late fee of the hourly rate per item for the number of hours late following a 15-minute grace period. All late fees are in addition to fees set forth in paragraphs 9, 13, and Part 2.
- eBikes Use: eBikes have power assist options and should be used responsibly on all trails and roads.
- Transport Policy: Bikes/eBikes should not be transported by any means other than authorized The Bike Depot vehicles.
- Damage to Bikes: The Rider will be responsible for paying in full for any damage to a bike that is not typical wear and tear. Repairable damage to bicycle(s) will be the responsibility of the Rider(s) and subject to fair market value for all parts and labor up to the full value of the bicycle(s). If damage is deemed “unrepairable” in the sole discretion of The Bike Depot (e.g., major deep scratches that can’t be touched-up, battery exposure to water, etc.), then Rider will promptly pay The Bike Depot a flat fee of $500 as liquidated damages. If the bike is lost or stolen, the Rider will promptly pay The Bike Depot the amount of $1,200 as liquidated damages.
Customer warrants that the credit/debit card on file has sufficient credit available and acknowledges and consents to immediate charge of amounts owed for all damage, fees, and incidentals in accordance with the foregoing policies.
PART 2 - RIDER’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
In consideration of the Services of The Bike Depot LLC, their officers, agents, employees, stockholders, and all other persons or entities associated with those businesses (hereafter collectively referred to as “The Bike Depot”) I (“Rider”, “me” and “I”) agree as follows:
I certify that there are no health-related reasons or problems that preclude me from operating the bicycle provided by The Bike Depot as a part of the Services (“Bike Use”). I acknowledge that I have been advised to wear an approved helmet while cycling, and that The Bike Depot has provided me with such a helmet for my use. I am aware that the use of a bicycle is subject to any applicable municipal and state regulations. I am familiar with the proper use of the bicycle, including all quick-release mechanisms, brakes, and gear shifters.
I am aware that cycling activities involve many risks and dangers including, but not limited to: changing weather conditions; mechanical failure of the equipment; loss of balance; difficulty or inability to control speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the cycling surface including holes, depressions, and bumps in the roads; exposed rock, snow, ice, earth and other natural objects; streams, creeks, and rivers; cliffs and crevasses; collision with wildlife, pedestrians, vehicles, or other cyclists; becoming lost; failure to cycle safely or within one’s own ability; and negligence on the part of The Bike Depot or its staff, including the failure on the part of The Bike Depot or its staff to safeguard or protect me from the risks and dangers of Bike Use. I will not attempt repairs or removal of bike parts.
I am aware of the risks and dangers associated with cycling activities, and I fully assume such risks and dangers, including the possibility of personal injury, death, property damage, and loss resulting therefrom to myself and others. I acknowledge and accept any and all liability and responsibility for any damage to the rental bicycle or bicycle parts and accessories, to myself, and to other equipment, property, animals, and people.
Although The Bike Depot has taken reasonable steps to provide me with the appropriate equipment so I can enjoy this activity, and skilled guides when participating in a guided tour, I may not have the appropriate skills to participate. The Bike Depot has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, accidental injury, illness, or in extreme cases, permanent trauma or death.
The Bike Depot does not want to reduce my enthusiasm for this activity but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. I understand and acknowledge that the following describes some, but not all, of those risks:
- Injury/death due to collision with vehicle/animal
- Injury/death due to fall from bicycle or eBicycle
- Injury/death due to inclement weather conditions (e.g., lightning strikes, heat-related illness)
- Injury/death due to physical exertion (e.g., heart-related illness)
- Injury/death due to the inability of rider(s) to control and maintain a safe speed and overall operation of the bicycle/eBike and/or equipment
I am aware that operating a rented bicycle involves risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified.
My participation in this activity is purely voluntary; no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks. I acknowledge that engaging in this activity may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I acknowledge that the staff of The Bike Depot has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity. I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, or control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
A bike helmet is being provided to me by The Bike Depot. I accept full responsibility for any injury resulting from my failure to properly wear and use the helmet and waive any right to claim any fault of The Bike Depot.
I hereby waive, release, and discharge The Bike Depot from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me (or another for whom I am legally responsible) in connection with the Services or use of the Services. To the extent allowable by law, I hereby indemnify, hold harmless, and agree to defend The Bike Depot from, and accept full and sole responsibility and liability for, any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, death, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to or resulting from my use of the Services or other participation in this activity, including without limitation by any third party, whether caused by The Bike Depot’s negligence, my negligence, or the negligence of any third party, or otherwise.
In no event will The Bike Depot’s liability to a Renter be greater than the amount of the fees paid by the Rider to The Bike Depot for Services, even if the amount of damages suffered by the Rider/participant customer may be greater than this amount. Furthermore, in no event will The Bike Depot be liable for any indirect, special, implied, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not I was specifically advised of the possibility of such damages occurring.
I AGREE FOR MYSELF, MY FAMILY, MY HEIRS, AND MY REPRESENTATIVES AND ASSIGNS, THAT NONE OF THE FOREGOING WILL SUE THE BIKE DEPOT OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE OF ANY KIND, AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE, TO THE EXTENT PERMITTED BY LAW, EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM THE BIKE DEPOT’S NEGLIGENCE. I certify that I am at least 18 years of age.
Customer Acknowledgement and Agreement
I have carefully read, clearly understand, and hereby accept each and all of the terms and conditions stated in Part 1 and Part 2 herein, and acknowledge that both Parts shall be effective and binding upon me, my heirs, assigns, personal representative, and estate, and for all members of my family, including minor children.