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BEND ELECTRIC BIKES RENTAL AGREEMENT WITH RELEASE/ ASSUMPTION OF RISKS PROVISIONS

BEND ELECTRIC BIKES DEMO/RENTAL AGREEMENT WITH RELEASE AND ASSUMPTION OF RISKS PROVISIONS

RENTAL AGREEMENT, WAIVER, AND RELEASE OF LIABILITY FORM

This Agreement (the "Agreement") is made between the undersigned Rider (or, if the Rider is under the age of 18, the Rider's parent or legal guardian) and BLUE TILE FEVER INC. doing business as BEND ELECTRIC BIKES(hereinafter referred to as "Bend Electric Bikes") concerning the rental and use of electric bikes, electric scooters, or motorized skateboards (hereinafter referred to as "Equipment"). By signing below, the Rider (or Rider's parent or legal guardian) acknowledges and agrees to the terms of this Agreement, including the release and assumption of risks outlined herein.

1. RELEASE AGREEMENT

In consideration of the rental and use of the Equipment, the Rider (or Rider’s parent or legal guardian, if under 18) agrees to release and forever discharge Bend Electric Bikes, its officers, directors, shareholders, employees, agents, contractors, and affiliates (collectively, the "Bend Electric Bikes Parties") from any and all claims, demands, damages, liabilities, losses, and causes of action arising from personal injury, property damage, or death which the Rider may suffer or for which the Rider may be liable to others while using the Equipment. This release includes, but is not limited to, claims arising from the negligence of Bend Electric Bikes or its agents in the selection, adjustment, maintenance, or use of the Equipment. The only claims not covered by this release are those based upon willful or intentional misconduct by Bend Electric Bikes.


2. EXPRESS ASSUMPTION OF RISKS

The Rider and, if applicable, the Rider’s parent or legal guardian acknowledge that the use of the Equipment involves inherent risks, dangers, and hazards, including, but not limited to: mechanical failure, loss of balance, failure to control speed or direction, changes in terrain (e.g., rocks, gravel, and inclines), changing weather conditions, accidents involving pedestrians, cyclists, or motor vehicles, and other unforeseen events. The Rider voluntarily accepts all such risks and hazards and agrees to assume full responsibility for any injury, death, property damage, or loss that may result from their use of the Equipment, even if caused by the negligence of Bend Electric Bikes or others.


3. NO CLAIMS

If, for any reason, the Release Agreement is found ineffective or unenforceable, the undersigned agrees that no claim will be brought or maintained against Bend Electric Bikes for damages, injury, or death resulting from the use of the Equipment where one or more of the inherent risks contributed substantially to the damage or injury.


4. JURISDICTION AND VENUE

All disputes arising from the rental or use of the Equipment shall be governed by the laws of the State of Oregon. The exclusive jurisdiction for resolving such disputes shall be in the state courts of Oregon, and venue shall lie in Deschutes County, Oregon.

5. INSURANCE AND DAMAGE LIABILITY

The Rider is fully responsible for any damage to or loss of the Equipment during the rental period. The Rider agrees to promptly report any damage, loss, or theft of the Equipment to Bend Electric Bikes. In the event of damage or theft, the Rider agrees to pay for all repair or replacement costs as determined by Bend Electric Bikes. This includes, but is not limited to, flat tires, cosmetic damage (e.g., scratches), or any malfunction of the Equipment caused by Rider misuse or failure to properly care for the Equipment. The Rider agrees to return the Equipment in the same condition as received, except for reasonable wear and tear.

6. EQUIPMENT CONDITION AND USE

The Rider acknowledges that the Equipment is in good working order at the time of rental, and the Rider will inspect the Equipment before use. If the Rider has any questions regarding the proper operation of the Equipment, the Rider agrees to seek assistance from Bend Electric Bikes personnel. The Rider accepts full responsibility for the care and operation of the Equipment while it is in their possession.

The Rider further acknowledges that they have been advised to wear an approved helmet and that they are familiar with the proper use of the Equipment, including the quick release mechanisms, brakes, and other essential components. The Rider agrees to comply with all applicable Oregon laws regarding the operation of bicycles, electric bikes, electric scooters, and motorized skateboards.

7. REPRESENTATIONS AND WARRANTIES

By signing this Agreement, the Rider (or the Rider’s parent or legal guardian, if under 18) represents and warrants that:

  1. The Rider is physically and mentally capable of using the Equipment.
  2. The Rider has received adequate instructions on the use of the Equipment and understands how to safely operate it.
  3. The Rider agrees to operate the Equipment in accordance with Oregon traffic laws and Bend Electric Bikes’s safety guidelines.
  4. The Rider is financially responsible for any damage, loss, or theft of the Equipment during the rental period.
  5. The Rider will immediately stop operating the Equipment and contact the Bend Electric Bikes if the Rider discovers any defect or malfunction in the use of the Equipment.

8. WAIVER OF DAMAGES

The Rider (or Rider's parent/legal guardian, if under 18) agrees to waive any and all rights to recover damages from Bend Electric Bikes in the event of injury, death, or property damage related to the rental or use of the Equipment. This waiver applies even in cases where Bend Electric Bikes’s negligence may have contributed to the incident. However, this waiver does not apply to damages caused by Bend Electric Bikes’s willful misconduct.

9. SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect. It is the intention of the parties that the unenforceable provision be modified to reflect the original intent as closely as possible, while maintaining the enforceability of the remaining provisions.

10. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Any claims or disputes arising under or in connection with this Agreement involving claims of less than $10,000 shall be exclusively resolved in the small claims court of Deschutes County, Oregon, without removal to the district court. For claims or disputes greater than $10,000, arising under or in connection with this Agreement, shall be resolved through binding arbitration, conducted in Deschutes County, Oregon, and in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties.

11. ACKNOWLEDGEMENT AND ACCEPTANCE

The undersigned has carefully read and understands this Agreement, including the terms regarding the release of liability and assumption of risks. The undersigned acknowledges that this Agreement prevents the undersigned (and any minor Rider) from recovering damages from Bend Electric Bikes in the event of property damage, injury, or death. The undersigned voluntarily accepts the terms and agrees to be bound by them, including the provision that this Agreement is binding upon the undersigned, the Rider, and their heirs, legal representatives, and assigns.

If signing for a minor, the undersigned verifies that they are the parent or legal guardian of the minor Rider and have the authority to enter into this Agreement on behalf of the minor.


First Rider Name

First Name*

Last Name*

Phone*
First Rider Age Acknowledgment*
First Rider Date of Birth*
I certify that I am 18 years of age or older
First Rider Information

Date of Birth *
First Rider Signature*
Second Rider Name

First Name*

Last Name*
Second Rider Date of Birth*
Second Rider Information

Date of Birth *
Third Rider Name

First Name*

Last Name*
Third Rider Date of Birth*
Third Rider Information

Date of Birth *
Fourth Rider Name

First Name*

Last Name*
Fourth Rider Date of Birth*
Fourth Rider Information

Date of Birth *
Fifth Rider Name

First Name*

Last Name*
Fifth Rider Date of Birth*
Fifth Rider Information

Date of Birth *
Sixth Rider Name

First Name*

Last Name*
Sixth Rider Date of Birth*
Sixth Rider Information

Date of Birth *
Seventh Rider Name

First Name*

Last Name*
Seventh Rider Date of Birth*
Seventh Rider Information

Date of Birth *
Eighth Rider Name

First Name*

Last Name*
Eighth Rider Date of Birth*
Eighth Rider Information

Date of Birth *
Ninth Rider Name

First Name*

Last Name*
Ninth Rider Date of Birth*
Ninth Rider Information

Date of Birth *
Tenth Rider Name

First Name*

Last Name*
Tenth Rider Date of Birth*
Tenth Rider Information

Date of Birth *
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above. Parent(s) or court-appointed legal guardian(s) agree that no participant under the age of 16 will operate the ebike, in accordance with Oregon law.



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(s) or court-appointed legal guardian(s) agree that no participant under the age of 16 will operate the ebike, in accordance with Oregon law.

Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Date of Birth *
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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