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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Someday Funday Rentals LLC, its agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf, (collectively referred to in this agreement as Operator), I hereby agree to release, indemnify, defend, and discharge Operator, on behalf of myself, my spouse, or my domestic partner, my children, my parents, my heirs, assigns, personal representative and estate as follows:

Electric Bikes rented out by Operator are not to be ridden off-road, and must stay on bike trails. Renter agrees to pay an additional $300 cleaning fee if violation of this rule occurs.



Bikes are to be ridden on the bike paths, in the bike lane and/or shared lanes, and renter must follow all local traffic laws and rules of the road.


I acknowledge that Someday Funday Rentals, LLC. has offered the option to rent a helmet at no charge and if I have chosen to not wear one, I hereby release and discharge the rental company from all claims, demands, actions, or causes action arising out of or in connection with my decision to not wear a helmet. 


Bikes must be locked with the provided lock at all times when not in use. Lost, stolen, or damaged e-bike is the responsibility of the renter and shall be liable for repairs or replacement of e-bike of up to $2,500.


Lost keys fee of $25.00.


Lost lock fee of $180.00


I acknowledge that my participation in electric bike activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slip & falls; accidents involving other electric bikes; collision with fixed objects or people; exposure to the elements could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; equipment failure or operator error; accidents involving other vehicles, pedestrians; collision with fixed or movable objects, broken bones, concussions, cuts, bruises, sprains, strains; musculoskeletal or other injuries including head, neck, and back injuries; the negligence of other operators of vehicles or myself; weather conditions; my own physical condition; contact with animals or insects and latent equipment defects. Furthermore, Operator personnel have difficult jobs to perform. They seek 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.

I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate with full knowledge of and in spite of the risks.

I hereby voluntarily release, forever discharge, and agree to indemnify, defend and hold harmless Operator against any and all claims, demands, losses, damages, obligations, liabilities or causes of action of any nature or kind whatsoever, which are in any way connected with my participation in this activity or my use of or reliance on Operator, equipment, personnel instruction, training, services, or facilities, including any such claims which allege negligent acts or omissions of Operator and resulting from any breach of my obligations under this agreement.

Should Operator or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce or defend itself pursuant to this (Agreement), I agree to indemnify and hold them harmless 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. I further certify that I am willing to assume the risk of any medical or physical condition I may have that may adversely affect or be adversely affected by my participation in this activity.

I covenant not to sue, and will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against Operator, arising from or pertaining to Operator’s services, equipment, facilities, or my participation in this activity. In the event that notwithstanding my covenant not to sue I file a lawsuit or other action, complaint, or proceeding against Operator, I agree to do so solely in the state of Texas, and I further agree that the substantive law of California shall apply in that action without regard to the conflict of law rules of California. 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. 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 Operator on the basis of any claim from which I have released them herin. I also agree that this document is valid for subsequent visits and participation at Operator’s. I have had sufficient opportunity to read this entire document.

I acknowledge and understand that Operator will rely on my agreement to the terms set forth in this Agreement and that, but for my agreement to such terms, Operator would not provide services to me or to any Minor on whose behalf I am entering into this agreement. I have read this Agreement in full, I understand the meaning and effect of its terms, and I agree to be bound by such terms.

Today's date: May 13, 2024



First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 16 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18, but older than 16 of age.)

In consideration of “Minor” being permitted by Operator to participate in its activities and to use its equipment and facilities, I hereby voluntarily release, forever discharge and further agree to indemnify, defend and hold harmless Operator from any and all claims, demands, losses, damages, obligations, liabilities, or causes of action of any nature or kind whatsoever, which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor to the same extent as set forth above.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 16 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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