ELECTRIC BIKE LIABILITY WAIVER AND ACKNOWLEDGEMENT OF RISK AGREEMENT
In consideration of the services of eBike Rental here forth referred to as “eBike Rental”, their agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, hold harmless and discharge eBike Rental on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. I acknowledge that rentals of our electric bikes, here forth referred to as e-Bikes, OR guided tours using e-Bikes entails known, unknown and unanticipated risks that could result in physical or emotional injury, paralysis, death, or harm to myself, to property and or to third parties. I understand that such risks simply cannot be eliminated without jeopardising the essential qualities of the activity.
The risks include, among other things: incompetence by myself, acts of other participants, contact with plants or animals, poor physical condition, my own acts or omissions, condition of roads, trails, waterways, terrain and accidents connected with their use. Other risks include consumption of food or drink, riding on uneven terrain, loss of control, collision with other vehicles, participants, trees, rocks and other manmade or natural movable and immovable obstacles. Riding an eBike may incur falls from the vehicle, exposure to the elements, extreme temperatures, inclement weather, mechanical and/or equipment failures and unavailability of immediate medical attention in case of injury or need.
Furthermore, eBike Rental employees have difficult jobs to perform; they seek to educate you for safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction. You are responsible to ensure your safety regardless of the information from others.
The operator is responsible for their safety. Operating an e-bike takes significantly more care than a non-motorized one. Expect longer distances to stop, steer and more agility is necessary..
I expressly agree, accept and assume all the risks existing in this activity. My use of this rental equipment and participation in this activity is purely voluntary and I elect to participate despite the risks. I understand I am responsible for any damages to equipment and will pay for such damages immediately (see LDW).
I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless eBike Rental from any and all claims, demands or causes of action which are in any way connected with my participation in this activity or my use of eBike Rentals equipment or facilities including any such claims which allege negligent acts or omissions of eBike Rental.
Should eBike Rental or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement I agree to indemnify them for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else I agree to bear the costs of such injury or damage myself or others. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
I understand that I am responsible to reimburse eBike Rental for any collection fees, late fees, attorney fees and or court fees incurred by eBike Rental or its affiliates for the enforcement of this contract. I am responsible for injuries to myself and any Minor’s signed for on this contract. In the event I file a lawsuit, I agree to do so solely in the state of Utah and I further agree that the substantive law of Utah shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable the remaining document shall remain in full force and effect.
Limited Loss Damage Waiver (LDW): I am willingly participating in a non-refundable Limited Loss Damage Waiver.
This LDW is limited to the equipment only and does not cover negligence, major damage, lost or stolen items, or personal property damage/injury.
This fee covers minor damage to the equipment in the event of an accident. The coverage is limited to:
Minor scratches, flat tires, brake lever damage, helmet scratches/scrapes, accessory scratches.
Minor chain/sprocket issues
Broken Pedal
Broken Lights
Brake Rotor Deformities
Mechanic assistance if an employee is dispatched to your location in the canyon and replacement bike, battery, or parts per the discretion of the assisting employee.
The LDW does not cover the cost of negligent, major damage or lost/stolen items. An eBike technician will assess the damage based on the above and below guidelines.
Major Negligent/Damage:
Deformed wheel: ₹12,000
Mangled Front Fork: ₹12,000
Slashed/cut cabling: ₹8,000
Broken Battery Casing: ₹25,000
Torn/Mangled Seat: ₹2500
Smashed Controller: ₹3,000
Caked on mud and dirt: ₹200
Evidence of Water immersion = full bike replacement ₹30,000
Lost or stolen Seat/Post: ₹2,000
Lost or stolen Helmet: ₹800
Lost or stolen Bike Lock: ₹800
Lost or stolen eBike: ₹1800
Lost or Stolen Child Seat: ₹3000.00
As part of this agreement, all members of the rental party agree to immediately pay assessed damage fees associated with negligent or major damages and lost items immediately upon return with the credit card on file. The cost of replacement parts can be found here. The bike mechanic labour cost for repairs will be billed at a rate of ₹300 per hour.
10. Flat tires are your fault. The tires have slime in them that seals over most punctures but may require you to re-inflate the tire along your ride at several service stations available along the scenic drive.
11. Text-Messaging Opt-In
By signing this waiver I give consent and opt in to receive text messages from eBike Rental. By opting in, you agree to receive rental or activity confirmation, important updates, and feedback requests via text message. Standard messaging rates may apply.
By signing this waiver, I consent and opt in to receive text messages from eBike Rental.
You can opt out at any time by replying STOP to any message.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against eBike Rental based on any claim from which I have released them herein.
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