I accept: (a) for use as is the equipment listed in the accompanying form, (b) full and sole responsibility for the care of the equipment while in my possession, (c) full and sole responsibility for the replacement at full retail value of any equipment not returned (d) to not allow the use of this equipment by others.
I agree that: (a) the equipment is solely for recreational use, is not intended or guaranteed to ensure my personal safety in or near the ocean and shore and is not a substitute for being a strong swimmer in good physical condition; (b) I have received adequate instruction about and fully understand the proper use and function of the equipment; (c) I will use the equipment in a responsible and safe manner and only for its intended use; (d) I will personally examine the equipment prior to each use; (e) if at any time the equipment is damaged or not functioning properly, I will stop using it immediately and I will return it; (f) I will not turn my back on the ocean, I will be vigilant and use common sense and good judgment at all times.
I understand that: (a) participation in activities and/or use of equipment in or near the ocean, shore, beach, roadways or off road poses inherent and other risks of PERSONAL INJURY, PARALYSIS, and DEATH; (b) dangerous conditions may exist or arise at any time without warning including high surf, strong waves, large isolated or rogue waves, reef and shore break, waves breaking in shallow water, changing tides, strong currents, and/or rip currents, undertows, wind/and or strong winds and adverse weather conditions; (c) I may suffer heat and weather exposure, dehydration, extreme exertion, motion sickness, sunburn, loss of consciousness, heart attack, panic, hyperventilation, difficulty breathing, water inhalation, physical and psychological stress, migraines, seizures, pulmonary edema, eye, ear and sinus trauma, contact with marine life, collision with buoys, rocks, debris, reefs, shores, boats, equipment, other persons or equipment, bruises, bites, cuts, contusions, burns, sprains, strains, fractures, permanent scars, disfigurement, concussions eye injury, paralysis, surfers myelopathy, and/or death and (d) the above described risks are not complete and other risks or events that are known or unknown, anticipated or unanticipated, may result in serious bodily injury and/or death.
I certify that; (a) my use of the equipment and/or participation in an activity is purely voluntary; (b) I am in good physical health; (c) I am physically able to use the equipment and/or participate in the activity safely; (c) I have chosen to use the equipment and/or participate in an activity having full knowledge of the risks, and shall obey all laws, including traffic laws; (d) I expressly assume all risks of INJURY, PARALYSIS, AND DEATH THAT MAY OCCUR TO ME OR TO OTHERS as a result from the use of the equipment or participation in activates in or near the ocean, shore, roads, off roads, hills, or mountains.
I hereby agree to: (a)hold harmless, defend and indemnifyBuck's Bikes LLC, and its affiliates and subsidiaries, and each of their respective employees, offices, directors, owners, agents, contractors, or assigns and the equipment manufacturers and distributors (collectively Released Parties) for any and all claims for personal injury, death or property damage related to use of equipment or participation in an activity and (b) FULLY RELEASE the Released Parties from any and all claims based on negligence, breach of warranty, strict liability contract or other legal theory, and for damages for injuries related in any way to the selection, maintenance, adjustment or use of the equipment and/or participation in an activity.
Condition of Equipment upon Return. The Renter shall return the equipment to the designated return area clean and in the same condition as it was in when given to Renter, excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the equipment during the rental period. BUCKS BIKES shall charge Renter as necessary to cover repairs for such damages. To the extent that damages to the equipment exceed reasonable amount, Renter shall be billed by BUCKS BIKES for the full amount of damages caused by Renter during the rental period, including reasonable attorneys fees.
Late/No Return. If Renter returns the equipment more than two hours past agreed upon return time, the hourly rate will be charged per two hours late. If Renter fails to return the equipment, the daily rate will be charged per day overdue until equipment is recovered. If the equipment can be recovered, a collection fee equal to the daily rate will be charged. If equipment cannot be recovered, the full retail value of the equipment will be charged in addition to the paid for rental period. If at any time late fees are greater than the retail value of the equipment, the late fee will cease and Renter will be charged the retail value of the equipment in addition to the paid for rental period.
I UNDERTAND THIS IS A LEGALLY BINDING AND ENFORCEABLE DOCUMENT ON ME, MY CHILDREN, MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE AND ESTATE.