June 26, 2025 I, the undersigned Participant, (“Customer”) have been provided the following rental by TRAILYARD, LLC, an Indiana limited liability company. CONDITIONS OF RENTAL. Wherever used herein, the term “equipment” shall include any equipment rented from TRAILYARD, LLC. The Customer understands and agrees that the equipment described in this contract remains the property of TRAILYARD, LLC, and that the failure by the Customer to return said equipment TRAILYARD, LLC as required may constitute a crime and subject the customer to criminal prosecution. DRIVER’S LICENSE. A copy of the Customer’s driver’s license and/or other government-issued identification shall be required at the time of checkout. RESPONSIBILITY FOR DAMAGE OR LOSS. Customer agrees that he/she will return the equipment in the same good condition as when received, ordinary wear and tear accepted, and to repair and replace any and all lost, stolen, damaged, or broken parts or to reimburse TRAILYARD, LLC for said equipment. Therefore, regardless of the party at fault, Customer understands and agrees to be responsible for the damage to said equipment. Customer accepts use of the equipment AS IS, in good condition, and accepts full responsibility for care of the equipment while under his/her possession. Customer agrees to return the equipment in good, UNDAMAGED condition to avoid any ADDITIONAL charges for repair, maintenance or replacement. Good condition means normal wear and tear is accepted, but does not include flat tires, broken spokes, rims, bent rims, damaged frames, handlebars, seats, or other parts from misuse and/or crashes. Damaged parts or components will be repaired and/or replaced at the shop’s discretion, and Customer agrees to pay regular shop rates and retail prices for components replaced. It is the responsibility of the Customer to check the equipment at the shop BEFORE setting out on any ride, and to advise the staff of any perceived problems with the condition of the equipment prior to departing the shop with the equipment. HELMETS AND BICYCLE SAFETY. Customer shall wear approved protective headgear at all times while using the equipment. Customers who decline to wear helmets have done so at their own will and their own peril. CUSTOMER LIABILITY. Customer shall assume liability for any and all damage or loss to personal property, accident/injury to other persons related to the rental equipment. It is the Customer’s responsibility to prevent the theft of the equipment and, if any of the equipment is stolen while in the Customer’s possession, Customer agrees to pay the replacement cost of same. Customer shall properly secure or lock all rental equipment in legal locations when not in the Customer’s possession. UNAUTHORIZED RIDERS AND PASSENGERS PROHIBITED. No other person may drive or otherwise operate the equipment except the Customer. Customer is prohibited from carrying any passengers on the bicycle at any time. DEPOSIT. To rent the equipment, TRAILYARD, LLC requires a security deposit for damages or loss on all equipment, in the form of signed and imprinted credit card authorization plus the driver’s license, passport, or other government-issued photo ID of the Customer. All payments shall be made up-front, by credit card. In addition to the up-front payment for the rental, the Customer shall pay a $ 300 deposit, by credit card, to secure the return of the equipment in a condition acceptable under the terms of this Agreement. Any deposit given by the Customer shall be applied to and guarantee the faithful performance of all the provisions of this Agreement and all repairs necessary to said equipment. If any action is brought to enforce any of the terms of conditions of this Agreement, or to recover any sums due to hereunder, Customer agrees to pay all attorneys’ fees, court costs, or other expenses of TRAILYARD, LLC. COMPLIANCE WITH LOCAL LAWS. The Customer hereby agrees to obey all Creekside Park regulations and any applicable laws and regulations while riding, as well as the traffic laws and regulations of any other local, state, or federal jurisdiction into which the Customer takes the equipment. The Customer shall not use cellular telephones or cameras while riding. OTHER TERMS AND CONDITIONS. This Agreement, and any rights, duties, and obligations as between the parties to this Agreement, shall be governed by and interpreted solely in accordance with the laws of the State of Indiana and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the State of Indiana and shall be within the exclusive jurisdiction of the state courts of the State of Indiana, and the venue for such litigation shall be within the County of Porter. • I AGREE TO NOT RIDE OR USE RENTAL EQUIPMENT IN ANY RIVER, STREAM, LAKE, OR OTHER BODY OF WATER. • I AGREE NOT TO RIDE ON TRAILS, PATHS, OR ROADS THAT ARE CLOSED OR TO TRESPASS ON POSTED LAND. • I AGREE TO NOT CHANGE OR SUBSTITUTE ANY PARTS ON THE BICYCLE OR OTHER EQUIPMENT. • I ACKNOWLEDGE FULL RESPONSIBILITY FOR THE SAFETY OF MY GROUP AND AGREE THAT ALL MEMBERS WILL RIDE SAFELY AND RESPONSIBLY. • I UNDERSTAND THAT I AM RESPONSIBLE FOR RETURNING ALL EQUIPMENT LISTED BELOW AND THE COST OF ANY LOST OR REPAIRED EQUIPMENT WILL BE CHARGED TO MY CREDIT CARD. • FINALLY, I AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT.
|