BICYCLE RENTAL AGREEEMENT
LESSEE'S ASSUMPTION OF RISK, RELEASE, INDEMNITY AND HOLD HARMLESS
This is a legally binding Release, Waiver, and Assumption of Risk (collectively, "Release"), made voluntarily by me, the undersigned participant, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, "Lessee", "I", or "me", which terms shall also include Lessee's parents or guardian, if Lessee is under 18 years of age), to the Black Sheep Adventures, Inc. agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively, "Company"), in consideration of the services provided by Company. I hereby agree to release, indemnify, and discharge Company on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I understand and acknowledge that bicycling is a hazardous activity and entails known and unanticipated risks which 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 by Company without jeopardizing the essential qualities of this activity. The risks include among other things: 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).
2. I agree and knowingly, intelligently and voluntarily agree 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 in spite of the risks.
3. I hereby voluntarily agree to defend, protect, indemnify and hold harmless Company thereby releasing and forever discharging them from any and all claims, causes of action, demands, proceedings, costs, damages, judgments suits, and liabilities, including attorney's fees, arising out of, in any way connected with, or resulting from my participation in this activity or my use of the leased equipment, including without limitation the possession, use, operation, or return of the equipment, excluding any such claims related to the gross negligence or intentional misconduct of Company.
4. Should Company or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold harmless Company for all such fees and costs.
5. 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 understand and agree that any insurance coverage I maintain, whether liability, casualty, personal or health, shall constitute the primary coverage in the event of any loss, injury, death or damage to person or property while using or operating Company equipment. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition I may have.
6. I agree that any dispute concerning, relating, or referring to this contract, brochures, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in San Francisco, California. Such proceedings will be governed by substantive California law excluding any application or consideration of the California Arbitration Act.
LESSEE HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUMES ALL RISK, RESPONSIBILITY AND LIABILITY FOR: (a) OPERATION AND POSSESSION OF THE RENTAL PROPERTY; (b) ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY, DUE TO LESSEE'S OPERATION OR POSSESSION OF THE RENTAL PROPERTY; AND (C) ANY NEGLIGENCE OF Company.
LESSEE'S PARTICIPATION AND RENTAL TERMS
1. I, ("Lessee") by my signature below, agree to be bound by all the following provisions relating to the use of Company equipment ("Bicycle").
I understand Company requires every rider to wear a helmet while bicycling. I was offered a helmet free of charge and fully understand the risk of not wearing said helmet. I also understand that anyone under 18 years of age is required by California state law to wear a helmet.
3. Bicycle Return
Lessee agrees to return the Bicycle to Company in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by Company at time of rental. Lessee agrees to return the Bicycle sooner if so demanded by Company. Lessee understands that there may be rate or additional special charges if Lessee returns the Bicycle at a different time, date, or location than indicated in this Agreement.
4. Repossessing the Bicycle
Company may repossess the Bicycle at anytime if: (I) the Bicycle is used in violation of law; (2) it appears the Bicycle is abandoned, (3) the Bicycle is used in violation of any term or condition in this Agreement, (4) Lessee made a misrepresentation to Company, or (5) Lessee fails to return the Bicycle when due. Company is not required to notify Lessee in advance of repossession.
5. Damage to Bicycle
Lessee shall pay Company for all losses and/or damage to the Bicycle, regardless of fault (e.g. Lessee agrees to pay for the loss even though someone else caused the damage or is at fault). Lessee is also responsible for all loss, theft or vandalism losses, even if Lessee is not at fault for making the theft or vandalism possible. If the Bicycle is damaged, Lessee agrees to pay the reasonable costs of repair and diminution in value, if any. If the Bicycle is damaged beyond reasonable repair (as determined by Company), Lessee shall be responsible for the retail fair market value less any salvage value, if applicable.
Lessee agrees to pay upon demand: A. All rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Bicycle rental. B. Charges for loss and/or damage to the Bicycle in accordance with paragraph 4. Lessee understands that all charges are not final and are subject to audit. Lessee specifically agrees and authorizes Company to make any charges by the method of payment used by Lessee at time of reservation and/or rental, including Lessee's credit card if that form of payment is utilized.
7. General Provisions
A. Lessee represents that the information contained in this Rental Agreement is true, accurate, and complete. In the event that any information is not true, accurate or complete in any respect, Lessee agrees that Company has the right to terminate this Agreement with or without notice. B. Lessee agrees that Lessee will be responsible for any unauthorized repairs or modifications to the Bicycle. Lessee understands that Company will not reimburse Lessees for any authorized repairs without receipt(s). C. Lessee understands that in no event shall Lessee be deemed to be an agent, servant, or employee of Company in any manner for any purpose whatsoever. Lessee agrees that Company does not waive any rights under this agreement except in writing signed by Company officer.
I, the undersigned Lessee, by my electronic signature below, hereby represent, warrant, and affirm that: (a) I am mentally competent to enter into this Agreement; (b) I have had sufficient opportunity to read and have carefully read this Agreement and fully understand all terms, conditions, and provisions herein; (c) I understand that I am legally bound by this Agreement; and (d) I am assuming all liability for possession and operation of the rental property and I assume all such risk and liability voluntarily, intelligently, and knowingly.