IMPORTANT - READ THIS CAREFULLY BEFORE AGREEING TO RENT AN eBike.
For the purposes of this Agreement, A) an “eBike” is any type of bicycle made available through Free-to-Roam eBiking, LLC, and any affiliated website owned and operated by Free-to-Roam eBiking Inc. (the “Company”); B) the “Company” is the owner or authorized agent for Free-to-Roam eBiking, LLC. C) a “Rider” is any person or legal guardian of any person under 18yrs old that is either participating in an organized eBiking Tour, Ride or Rental, Tour and/or Ride using an eBike and any other equipment provided by the Company, or any person or legal guardian of any person under 18yrs old that is participating using a bike, ebike and/or other related equipment not provided by the Company for a Free-to-Roam eBiking Tour or Ride.
This Rider Agreement (“Agreement”) is a binding agreement between a Rider and the Company.
Free-to-Roam eBiking, Inc. (“Free-to-Roam eBiking”) is a party to this Agreement solely to the extent necessary to facilitate the tour, ride, and/or Rental, Tour and/or Ride transaction and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement.
By entering into this Agreement to rent and use the eBike, Rider acknowledges that • he or she has read and understood this Agreement; • he or she agrees to be bound by all of the terms of this Agreement; • he or she is knowledgeable with respect to the type of equipment being rented and adjustments required for safe operation and use; and • if Rider is not properly qualified with respect to operating a bicycle, as applicable, Rider is hereby advised to seek assistance of a qualified technician with proper evaluation, adjustment and tuning of equipment. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE eBike OR ANY OTHER EQUIPMENT. This Agreement is effective on the date Rider agrees to the terms and conditions as provided herein (“Effective Date”). Rider and Lister agree as follows:
1. Rental, Tour and/or Ride1.1 AGREEMENT TO RENT. By accepting this Agreement, Rider agrees to rent the eBike on the terms and subjects to the conditions set forth herein, and for the period agreed via the Site (the “Rental, Tour and/or Ride, Tour and/or Ride Period”).
1.2 CONDITION OF EBIKE. By making the eBike available for rent hereunder, and agreeing to the terms of this Agreement, Rider represents and warrants that (a) he or she is the sole user of the eBike, or that he or she has full agency or other authority to enter into this Agreement and to rent the eBike to Rider; (b) the eBike has been accurately described by the Company, including any known faults or mechanical issues; (c) except as clearly set forth by the Company, the eBike is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Rider to attain his or expected use of the eBike during the Rental, Tour and/or Ride Period, other than adjustments necessary to properly fit the equipment to Rider’s height, weight and skill level. Unless expressly agreed, the Rental, Tour and/or Ride does not include additional equipment, such as lights, locks, helmets, car racks or GPS devices.
1.3 REFUNDS AND CANCELLATIONS: All Rental, Tour and/or Rides are subject to our Cancellation Policy, which is set forth as Exhibit A below.
1.4 GUARANTEE. Free-to-Roam eBiking provides a limited guarantee to Riders for Rental, Tour and/or Rides (defined below) of up to US$5,000 for bicycles, subject to requirements set forth on the Site (the “Free-to-Roam eBiking Guarantee”). Lister understands that the Free-to-Roam eBiking Guarantee is limited to damage to the eBike during the scheduled Rental, Tour and/or Ride period, and does not cover ordinary wear and tear, any repairs paid for by the Rider, or any damage occurring prior to or after conclusion of the scheduled Rental, Tour and/or Ride period. “Wear and Tear” includes all cosmetic damage, including scratches and is further defined in Exhibit B below. The Free-to-Roam eBiking Guarantee covers only damage that compromises the functionality or safety of the eBike. Furthermore, the guarantee does not cover theft or any other property damage, injuries, loss of use or incidental, special or punitive damages - such damages may only be recovered from a Rider. Furthermore, Rider acknowledges and agrees that the Free-to-Roam eBiking Guarantee is only available if accurate and current photographs and description of the eBike have been included with the listing as described in Exhibit C prior to the Rental, Tour and/or Ride period, and to the extent such photographs and description are sufficient to establish the make, model, components and condition of the eBike and any accessories (if applicable). All claims under the Free-to-Roam eBiking Guarantee must be initiated within twenty-four (24) hours of return of the eBike; late claims will not be honored. Therefore, we strongly encourage all Riders to examine their eBikes for safety and functionality as soon as possible following return. No exceptions to the 24-hour rule will be honored. All claims for damage must include photographic evidence of the claimed damage; however, Free-to-Roam eBiking reserves the option to require a physical inspection prior to making any payment under the Free-to-Roam eBiking Guarantee. For all claims, Rider may be required to provide additional documentation, such as purchase receipts for the eBike and any components, maintenance records, and such other documents as Free-to-Roam eBiking may request in its reasonable discretion. If Rider is entitled to coverage under the Free-to-Roam eBiking Guarantee where the repair cost would exceed the replacement value of the eBike, Free-to-Roam eBiking will make commercially reasonable efforts to provide the Rider with a eBike that is of a similar make, model and year, and with similar components and other aftermarket parts. If the eBike or components are not reasonably available at standard retail prices Free-to-Roam eBiking reserves the right to provide a eBike of equal quality and/or value. In order to determine the value of the eBike and/or components in question, Free-to-Roam eBiking will use market indicators to determine the fair market value. These values are determined by year, condition, and overall value and may use the following sources: product manufacturers websites, our network of industry partners and bicycle shops, e-commerce websites such as the Bicycle Blue Book, Craigslist, Ebay and other reliable sources to be used at Free-to-Roam eBiking's discretion. Free-to-Roam eBiking may use other relevant factors in its reasonable discretion. In the case of damage, the repair cost of the eBike shall be in Free-to-Roam eBiking’s reasonable discretion, in consultation with professional repair personnel knowledgeable in the appropriate field, and shall account for any salvage value of the eBike, if applicable. Rider will be entitled to select a preferred repair shop, but any costs in excess of Free-to-Roam eBiking’s estimated repair cost shall be Rider’s sole responsibility. The Free-to-Roam eBiking Guarantee only provides coverage for eBikes rented through the Free-to-Roam eBiking platform. No coverage is provided for third party property, personal injuries or other losses, which are the sole responsibility of the Rider or the Rider, as applicable. When you file a damage claim, Free-to-Roam eBiking determines, in its sole discretion, whether your claim qualifies for coverage under our Free-to-Roam eBiking Guarantee. Free-to-Roam eBiking’s original determination is considered final, but you may be able to file an appeal of the decision with Free-to-Roam eBiking if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.
1.5 Rider Obligations. If there is damage to a eBike during a Rental, Tour and/or Ride, the Rider must notify Free-to-Roam eBiking within twenty-four (24) hours of completion of the Rental, Tour and/or Ride Period or prior to any subsequent Rental, Tour and/or Ride, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the Rental, Tour and/or Ride. Rider shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc.
Rider OBLIGATIONS 1.6 Usage. No other person may drive or otherwise operate the eBike except Rider. Rider is prohibited from carrying any passengers on the eBike at any time (except on cargo eBikes and tandems). Rider may not add any kind of seat or modification to allow someone to ride on the rear fender of a rented bicycle, and no one may ride on the handlebars of a rented bicycle at any time. Rider is prohibited from pulling or towing any passenger or object with the eBike at any time (except for eBike trailers, when authorized by the Rider). Rider is also responsible for making proper adjustments to the eBike and associated equipment, if any, to match Rider’s height, weight and skill level. Rider is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Rider knowingly and voluntarily waives any claim it may have against Rider and Free-to-Roam eBiking with respect to the proper adjustment helmets, pedals, seat posts and other equipment. Rider must follow all laws, rules and regulations, as well as posted signs and warnings. Rider should always be aware of road and trail conditions, as well as weather and other environmental factors which may affect the safe operation of the eBike. Rider is responsible for securing the eBike at all times, including the use of theft prevention devices, where appropriate, and only storing the eBike in an enclosed area at night. Rider is also responsible for any injuries to themselves or other people, or damage to the eBike or any other property during the Rental, Tour and/or Ride Period.
1.7 RETURN OF EBIKE. Return. Rider agrees to return the eBike to Rider in the same condition as received, except for ordinary wear and tear and ordinary adjustments meant to fit the eBike to the user’s height, weight and skill level, on the due date and time and at the location specified by Rider at time of Rental, Tour and/or Ride. Rider understands that there will be additional charges if the eBike is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional Rental, Tour and/or Ride charges at no less than the daily or hourly rate applicable to the Rental, Tour and/or Ride. If Rider fails to return the eBike at the agreed date, time and location, and has not agreed with Rider or Free-to-Roam eBiking on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Rider fails to return the eBike at the rescheduled time and place, then (a) Free-to-Roam eBiking shall determine that Rider does not intend to return the eBike; (b) Free-to-Roam eBiking will charge Rider’s payment method for the full retail value of the eBike, along with any other fees due to Free-to-Roam eBiking; (c) Free-to-Roam eBiking or Rider may lawfully repossess the eBike; and (d) Free-to-Roam eBiking and Rider may exercise any other rights or remedies, and take any other necessary measures, to repossess the eBike and/or collect the full amount owed by Rider hereunder. If Rider fails to appear at the scheduled time and place for return of the eBike, Rider remains responsible for the safe-keeping of the eBike. In such event Rider should contact Free-to-Roam eBiking to try to arrange alternate means of return of the eBike, which may be through a eBike shop or other public facility at Free-to-Roam eBiking’s direction. Rider shall be responsible for any fees incurred by Free-to-Roam eBiking in connection with such alternate return method, and understands and acknowledges that, if such fees exceed the amount of the Rental, Tour and/or Ride fee due Rider, or any other credit amounts in Rider’s account, then the eBike will not be released to Rider until payment arrangements are satisfactory to Free-to-Roam eBiking have been made. Free-to-Roam eBiking shall not be responsible for any delay or loss of use of the eBike due to Rider’s failure to appear as scheduled or to make alternate payment and return arrangements.
1.8 REPOSSESSION. Repossession. Rider may repossess the eBike at any time if: (a) the eBike is used in violation of law; (b) it appears the eBike is abandoned, (c) the eBike is used in violation of any term or condition in this Agreement, (d) Rider made a misrepresentation to Rider or (e) Rider fails to return the eBike when due. Rider is not required to notify Rider in advance of repossession.
1.9 PROHIBITED USE. Prohibited Use. Use of the eBike is restricted to the general geographical area agreed upon by Rider and Rider. Rider will not operate eBike outside of this area and will not remove eBike from this area. Rider agrees not to use or permit the eBike to be used for hire or in any location that operation would be illegal or a nuisance to others. Rider will not use or permit the eBike to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the Rental, Tour and/or Ride and makes Rider liable to Rider for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. eBikes may not be stored outside overnight, with or without theft prevention devices. eBikes stored outside at night are not covered by the Free-to-Roam eBiking Guarantee. Rider may not approve overnight storage, and Riders are advised that any approval or direction by Rider will not relieve Rider of potential liability.
1.10 RESPONSIBLE CONSUMPTION. Responsible Consumption. Rider covenants and agrees not to operate the eBike while impaired due to consumption of alcohol or any other controlled substance. In the event that alcohol is offered for consumption in the course of the delivery of services hereunder, Rider covenants and agrees not to consume alcohol in quantities that will lead to Rider’s impairment or inability to operate the eBike safely.
1.11 DAMAGE TO EBIKE. Damage to eBike. Rider shall pay Rider for all losses and/or damage to the eBike, except for ordinary wear and tear that does not impact the usability of the eBike or significantly impact the resale value of the eBike, regardless of fault (e.g. Rider agrees to pay for the loss or damage even though someone else caused the damage or is at fault). The determination of whether damage impacts the usability or resale value of the eBike shall be made by Free-to-Roam eBiking in its sole discretion. Rider is also responsible for all theft or vandalism losses, even if Rider is not at fault for making the theft or vandalism possible, and regardless of any measures Rider may have taken to secure or protect the eBike, including any instructions or security devices provided by Rider. If the eBike is damaged, Rider agrees to pay the reasonable costs of repair and diminution in value, if any. If the eBike is damaged beyond reasonable repair (as determined by Lister), Rider shall be responsible for the retail fair market value of the eBike, less any salvage value if applicable. In addition to the above, Rider shall also be responsible for the reasonable down time (“Loss of Use”) if the solution for the case takes more than 10 business days, reasonable administrative fee as determined by Rider or specified by law, plus any towing, pick-up and/or storage charges. Neither Free-to-Roam eBiking nor the Rider will provide extra compensation for income lost due to damage or theft. In the event of theft, Rider shall be responsible for paying Loss of Use at the daily rate for each 24 hours Rider delays in paying the total loss. Rider is also responsible for any loss if Rider: (a) abuses the eBike or uses or operates the eBike other than as specified in this Agreement; (b) drives or uses the eBike recklessly; (c) drives or uses the eBike while impaired due to the ingestion of alcohol or a controlled substance; (d) fails to promptly report an accident to the police and Lister; (e) fails to complete an accident report; (f) obtains the eBike through fraud or misrepresentation; or (g) uses the eBike for an illegal purpose. Rider authorizes Rider to collect from a responsible third party any applicable loss and/or damage. In the event Rider obtains a recovery from a third party after Rider has paid Lister for all or part of any loss, Rider will refund to Rider any excess above the amount of the loss plus administrative fees and other collection costs and attorneys' fees incurred.
1.12 PAYMENT. Payment. Rider agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, Tour and/or Ride, including, without limitation, charges for loss and/or damage to the eBike. Rider specifically agrees and authorizes Free-to-Roam eBiking to apply any charges to the method of payment used by Rider at the time of Rental, Tour and/or Ride.
1.13 BOOKING & PAYMENT. Booking and Payment. Rider authorizes Free-to-Roam eBiking to charge the amounts due as a result of the Booking Rental, Tour and/or Ride process to Rider’s credit card. Charges for upcoming Rental, Tour and/or Rides will be processed at the time of the booking. Free-to-Roam eBiking may cause an additional charge authorization to be processed against Rider’s credit card or other payment method as a security deposit, which will be credited back to Rider’s payment method upon satisfactory return of the eBike without damage or delay. Free-to-Roam eBiking is also authorized to make additional charges to Rider’s credit card related to late return fees, eBikes that are lost or damaged during the Rental, Tour and/or Ride Period.
1.14 REPAIRS. Repairs. If Rider experiences any malfunctions with the eBike during the Rental, Tour and/or Ride period, Rider should immediately notify Free-to-Roam eBiking and Rider to obtain authorization for repairs. Rider agrees that he or she will be responsible for any unauthorized repairs or modifications to the eBike. Rider understands that Rider will not reimburse Rider for any authorized repairs without receipts. All repairs needed as a result of the use of the eBike will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Rider. Rider shall be responsible for returning the eBike to its prior state due to adjustments necessary to properly fit the equipment to Rider’s height, weight and skill level. If a malfunction compromises the safety or usability of a eBike during a Rental, Tour and/or Ride, the Rider should contact the Rider immediately and arrange for return of the eBike to the Rider. In such an event, the cost for any remaining days of the Rental, Tour and/or Ride would be refunded to the Rider.
1.15 OWNERSHIP. Ownership. The eBike, at all times, remains the exclusive property of the Rider. Rider is responsible for damage to or loss of eBike. If the eBike is lost, destroyed or damaged beyond repair in the judgment of Rider, Rider agrees to pay Rider the value of eBike.
2. RISK AND LIABILITY TERMS2.1 ACKNOWLEDGEMENT OF RISKS. Acknowledgement of Risks. Rider understands and acknowledge that the eBike is provided “as is” and without warranties. Rider further understands and acknowledges that bicycling is a hazardous activity that entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Rider understands that such risks cannot be eliminated by Rider without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration). Rider acknowledges all the risks of operating a eBike on streets, roads, ungroomed trails, eBike paths, eBike lanes, in traffic and any other environment where the eBike might be used, including but not limited to the risks of serious bodily injury or death from falling off the eBike, colliding with other bicycles, motorcycles, motor vehicles or other objects, hitting potholes, trees, poles or lifts, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, brakes failing, or other mechanical failure, and hazards relating to terrain and weather conditions. Rider understands that protective gear such as helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident.
2.2 ASSUMPTION OF RISK. Assumption of Risk. RiderS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF THE eBike, INCLUDING, WITHOUT LIMITATION ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY WHICH MAY RESULT FROM THE OPERATION OF THE eBike OR POSSESSION OF THE RIDE EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF LISTER, Free-to-Roam eBiking, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, Rider FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS eBike AND Rider AGREES TO HOLD LISTER AND Free-to-Roam eBiking HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE.
2.3 WAIVER & RELEASE. Waiver and Release. In consideration of Rider renting the eBike, Rider specifically releases and forever discharges Rider, Free-to-Roam eBiking, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Rider may suffer while renting this eBike and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Rider, Free-to-Roam eBiking, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Rider release Rider and Free-to-Roam eBiking and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Rider or Free-to-Roam eBiking or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Rider fully recognizes that if injury, illness, death or damage occurs while engaged in renting this eBike or participating in bicycling, or any other activity associated with the eBike, Rider will have no right to make a claim or file a lawsuit against Rider, Free-to-Roam eBiking or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage.
2.4 INDEMNIFCATION. Indemnification. Rider agrees to indemnify and hold harmless Rider and Free-to-Roam eBiking and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from, related to, or in any way connected with, or resulting from Rider’s participation in this activity or use of the eBike, including the possession, use, operation, or return of the eBike, and including any such claims which allege negligent acts or omissions on the part of Rider or Free-to-Roam eBiking. Should Rider, Free-to-Roam eBiking or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Rider agrees to indemnify and hold them harmless for all such fees and costs.
3. THIRD PARTY CLAIMSNeither Rider not Free-to-Roam eBiking shall be responsible if Rider causes injury to another person or if Rider damages another bicycle, vehicle or personal property of another. Rider agrees to protect, defend, indemnify and hold Rider and Free-to-Roam eBiking harmless and pay any claim, including attorneys’ fees, brought by a third party arising out of Rider’s use of the eBike and for any liability associated with any personal accident/injury as a result of Rider’s use of the Ride starting off from the Rental, Tour and/or Ride period.
3.1 INSURANCE. Insurance. Rider certifies that he or she has adequate insurance to cover any injury or damage Rider may cause or suffer while participating in the activity, or else Rider agrees to bear the costs of such injury or damage. Rider understands and agrees that Rider and/or Free-to-Roam eBiking may make a claim against any insurance coverage Rider maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the eBike. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Rider of any liability hereunder.
3.2 PHYSICAL CONDITION. Physical Condition. Rider understands the he or she should be in good physical health to participate in bicycling. Rider certifies that Rider has no medical or physical conditions which could interfere with Rider’s safety in this activity, or else Rider is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.
4. GENERAL PROVISIONS4.1 NO WARRANTY. No Warranty. THE eBike IS PROVIDED TO Rider ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE eBike IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Rider DOES NOT WARRANT THAT THE eBike OR ANY Rental, Tour and/or Ride WILL MEET Rider’S REQUIREMENTS.
4.2 LIMITATIONS TO LIABILITY. Limitation of Liability. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Rider OR Free-to-Roam eBiking, THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM ANY Rental, Tour and/or Ride OR THE USE OF, OR INABILITY TO USE, THE eBike. (b) IF Rider OR Free-to-Roam eBiking, OR THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS ARE FOUND TO BE LIABLE, SUCH LIABILITY TO Rider OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID HEREUNDER AND (B) $100. (c) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Free-to-Roam eBiking HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
4.3 ASSIGNMENT. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either Rider or Rider.
4.4 THIRD-PARTY BENEFICIARY. Third Party Beneficiary. Free-to-Roam eBiking shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to Free-to-Roam eBiking herein.
4.5 GOVERNING LAW. Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between Rider and Lister that arises in whole or in part from the Rental, Tour and/or Ride of the Ride shall be decided exclusively by a court of competent jurisdiction closest to Lister’s residence.
4.6 NOW WAIVER. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
4.7 ENTIRE AGREEMENT/SEVERABILITY. Entire Agreement/Severability. This Agreement shall constitute the entire agreement between Rider and Rider concerning the Rental, Tour and/or Ride of the eBike. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Exhibit A: Free-to-Roam eBiking Tour and eBike Rental, Tour and/or Ride Cancellation Policies
All Rental, Tour and/or Rides are subject to our Cancellation Policy, which is set forth as below and additionally at https://www.freetoroamebiking.com/cancellation_policy
CANCELLATION POLICY: Tour and eBike Rental, Tour and/or Ride Cancellation Policy for Guests A Free-to-Roam eBiking Tour or eBike Rental, Tour and/or Ride is fully refundable if you cancel within 24 hours of booking it. You’re also eligible for a full refund if you cancel more than 30 days before the Tour or eBike Rental, Tour and/or Ride is scheduled to start. If upon delivery of the eBike or, within the first twenty-four (24) hours of the eBike Rental, Tour and/or Ride Period, the Rider reasonably determines that the eBike does not materially conform to the Rider’s description of the eBike, then the Rider may notify Free-to-Roam eBiking of the problems and request a refund. Further, if the Rider does not deliver the eBike at the place and time agreed, then the Rider shall be entitled to a full refund (including Free-to-Roam eBiking fees). If an eBike Rental, Tour and/or Ride must be canceled during the eBike Rental, Tour and/or Ride Period due to a mechanical failure, the Rider will be eligible for a full refund, if the cancellation takes place on the first day of the Rental, Tour and/or Ride Period. Otherwise, any refunds shall be calculated on a pro rata basis based on the number of days elapsed compared to the total number of days in the eBike Rental, Tour and/or Ride Period.
Tour Cancellation Policy for Guides As a Free-to-Roam eBiking, we understand there may be instances where you need to cancel a booked Tour. To cancel a booked Free-to-Roam eBiking Tour, please email Free-to-Roam eBiking admin at info@Free-to-Roam eBiking, LLC as soon as possible and we will assist you. You should also discuss the need to cancel with the Guest through our website message board. You may be able to work out an alternate time or date for the tour booking. Re-booking on a different date or time If you arrange an alternative time that you both agree to, have the Guest propose the new time within the Tour booking page and continue with the booking process. Contact us if any issues arise, we’ll verify that your Guest has agreed, and remove any penalty that may have been applied. Cancellations can have serious implications on a guest's travel plans, therefore there are penalties that may be applied for a Guide’s cancellation of a booked tour. Frequent cancellations, or no-shows, are a violation of our Terms of Use and may result in removal or temporary disabling of the Guide Profile on Free-to-Roam eBiking.
eBike Rental, Tour and/or Ride Cancellation Policy for Riders Cancellations can have serious impacts on a Rider's plans, therefore there are penalties that may be applied for a Rider’s cancellation of a booked eBike Rental, Tour and/or Ride. We do understand that issues arise that are outside of your control. Please review the cancellation policies below, and email info@Free-to-Roam eBiking, LLC if you feel you have a valid reason for not fulfilling the eBike Rental, Tour and/or Ride Agreement.
Peer-to-peer Reviews All parties should be aware that Guides, Guests, Riders, and Riders are entitled to post reviews on the Site with respect to cancelled Rental, Tour and/or Rides or Tours.
Weather Cancellations If weather creates a safety concern or an unsafe environment, either before or during the Free-to-Roam eBiking Tour, the Guide may cancel the tour without penalty. The Guest will be fully refunded, if this happens. Natural disasters that prevent the Guest from traveling to or from a destination will result in a full refund for a Guest. Examples include: Severe storms Earthquakes Flooding Tornados Tsunamis Wildfires Blizzards or severe winter storms Endemic disease or illness that suddenly affects a region or an entire group of people. This doesn’t include existing diseases that are associated with an area. We may reach out for documentation to verify weather-related claims.
Cancellations due to an emergency or safety issue We understand that emergencies happen. No penalties will be applied for valid cancellations with documented reasons, or for cancellations made for valid safety reasons. We may ask you to provide documentation for a cancellation due to an emergency.
Cancellations due to extenuating circumstances If you need to cancel a Free-to-Roam eBiking Tour or eBike Rental, Tour and/or Ride because of an unexpected circumstance that’s out of your control, we might be able to give you a refund or waive any penalties for cancelling. Before you cancel, please check that your circumstance is included in the list below and that you have the required documents.
Circumstances that require documentation Death of a Guide, Guest, or an immediate family member. You’ll be asked to provide one of these documents: Death certificate Obituary News article naming the deceased Serious illness of a Guide, Guest, or any member of the traveling party. You’ll be asked to provide a general statement from a physician confirming that the person can't travel, safely guide the Free-to-Roam eBiking Tour, or be present to complete the eBike Rental, Tour and/or Ride. The statement must be dated after the Tour or eBike Rental, Tour and/or Ride was booked. Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment. You'll be asked to provide a copy of the official notice dated after the Tour or eBike Rental, Tour and/or Ride was booked, including the name of the person fulfilling the obligation. Airport and road closures that make it impossible to travel to your destination. This includes closures caused by natural disasters like earthquakes or severe storms. You’ll be asked to provide a notice of the road closure, or notice of the airport closure and proof that the flight was canceled.
Circumstances that require Free-to-Roam eBiking review There’s no required documentation for these circumstances, but our Admin Team at Free-to-Roam eBiking will review each case to confirm that you’re directly affected. Severe security advisories for political or civil unrest in the area that the guest is traveling from, traveling to, or that the booked Free-to-Roam eBiking Tour or eBike Rental, Tour and/or Ride is located in. Examples include: Violence Heightened military presence Severe damage to the area’s infrastructure Changes to visa or passport requirements that make it impossible to travel to the destination. This doesn’t include lost or expired travel documents. Next Steps If you’ve confirmed your circumstance meets the requirements above, first cancel your Free-to-Roam eBiking Tour or eBike Rental, Tour and/or Ride and then contact us to file a claim. We’ll walk you through the process, which will include submitting any required documentation and waiting for our team to review your case. Claims must be submitted within 14 days of the unexpected circumstance.
Exhibit B: Definition of “Wear and Tear”
“Wear and Tear” includes all cosmetic damage, including scratches that do not affect the integrity or functionality of the bicycle. The determination of "Wear and Tear" shall be made by Free-to-Roam eBiking in its sole discretion Examples of “Wear and Tear” include: * Cosmetic damage to frame (Paint chips, light scratches, dents less than ½” in diameter) * Cosmetic damage to bicycle components (Scratches to grips, seat, derailleur, pedals,etc.) * Cosmetic damage to bicycle accessories explicitly included in the Rental, Tour and/or Ride description (Scratches to lights, saddle bags, bells, etc.) * Wear to consumable items on the eBike (Brake pads, tire treads, bicycle chain, wheel true, shifting alignment) Examples of Damage as opposed to “Wear and Tear” for clarity: * Penetration or cracks in bicycle frame * Deep scratches in frame or components (5mm depth) * Tears in bicycle seats or grips * Bent wheels * Bent derailleur arm
Exhibit C: eBike Listing Guidelines for Free-to-Roam eBiking Guarantee eligibility
1. eBike photographs shall be accurate and current. High-resolution images are preferred. 2. eBike Listing shall have multiple photographs of the eBike. Include pictures of the individual components of the eBike - rear wheel, front wheel, derailleur, suspension fork, bars, etc. 3. Description shall include all details of the model, year, and the make of the eBike. 4. All descriptive details such as eBike type, frame size, rider height, extras, etc. shall be filled out. 5. All accessories, add-ons, upgrades shall be explicitly stated in the description to be eligible for coverage. 6. eBike Rental, Tour and/or Ride pricing shall follow appropriate market price compared to the value of the eBike. For example, a $5,000 road eBike shall not be rented out for $10.00 per day. 7. Note: For high value eBikes, we recommend you contact customer service before listing to ensure your eBike will be covered by the guarantee. 8. Free-to-Roam eBiking will make a final decision on your claim, in its sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online dispute resolution process or any other information Free-to-Roam eBiking deems relevant and appropriate under the circumstances.
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