BEND ELECTRIC BIKES
BIKE AND EQUIPMENT DEMO/RENTAL WAIVER AND RELEASE OF LIABILITY FORM
BEND ELECTRIC BIKES DEMO/RENTAL AGREEMENT WITH RELEASE/ ASSUMPTION OF RISKS PROVISIONS
RELEASE AGREEMENT. In consideration of the use of the electric bike, electric scooter, or motorized skateboard, the Rider, or his/her parent or legal guardian if the Rider is under the age of 18, hereby agrees to release Blue Tile Fever Inc. dba Bend Electric Bikes, its officers and directors, shareholders, owners and employees (hereinafter "Bend Electric Bikes") from any and all claims for property damage, injury or death which the Rider may suffer or for which he or she may be liable to others in any way connected with the use of the electric bike, electric scooter, or motorized skateboard. This release includes, but is not limited to, any and all claims that might result from negligence in the selection, adjustment, maintenance or use of the rental equipment. The only claims not released are those based upon willful or intentional misconduct.
EXPRESS ASSUMPTION OF RISKS. The Rider and his/her parent or legal guardian, if the Rider is under age 18, acknowledges that electric biking, electric scooter, or motorized skateboard and the rental of electric biking equipment, electric scooter, or motorized skateboard involves many risks, dangers and hazards, including, but not limited to, mechanical failure of the equipment, loss of balance, difficulty or inability to control one’s speed and/or direction, variation or steepness of terrain, rapid or uncontrolled acceleration on hills and inclines, variation or changes in the riding surface including rocks and gravel, changing weather conditions, encounters with animals, collision with pedestrians, motor vehicles and cyclists, and the negligence of others.
If, for any reason, the above Release Agreement is not effective, the undersigned agrees that no claim will be brought or maintained by or on behalf of the Rider against Bend Electric Bikes for any damages, injury or death which the Rider may suffer or for which he or she may be liable to others, in any way connected with the use of the electric bike, electric scooter, or motorized skateboard wherein one or more of the inherent risks associated with the use of the electric bike or motorized skateboard constitutes a substantial factor in causing the damage or harm.
I also agree that all disputes between the undersigned or minor participant and Bend Electric Bikes arising from the rental and/or use of the electric bike, electric scooter, or motorized skateboard will be governed by the laws of the State of Oregon and the exclusive jurisdiction thereof shall be in the state courts of the State of Oregon, and the venue for these disputes shall be in Deschutes County, Oregon.
If any part of this contract is determined to be unenforceable for any reason or in any circumstance, it is intended that all other terms will be enforced in all other circumstances.
ELECTRIC BIKING, ELECTRIC SCOOTERING, AND MOTORIZED SKATEBOARDING SAFETY. The Rider or his/her parent or legal guardian, if the Rider is under age 18, acknowledges that the Rider has been advised to wear an approved helmet, that electric biking is subject to Oregon State Law regarding the operation of a bicycle, that he/she is familiar with the proper use of the equipment, including all quick release mechanisms, brakes and gear shifters, and is aware that there are technicians available to answer any questions as to the proper use of the equipment.
RIDER REPRESENTATIONS. Rider or parent or legal guardian, if the Rider is under age 18, represents and agrees as follows:
Rider is fully responsible for all damage or loss to the rental electric bike, electric scooter, or motorized skateboard and any equipment and agrees to pay for all repairs or replacement cost if the equipment is lost, stolen, or damaged.
Rider accepts the equipment for use "as is", and accepts full financial responsibility for the care of the equipment while it is in Rider's possession; including flat tires, paint scratches. Please see staff for value of the rental equipment.
Rider acknowledges that rental equipment is in good working order, free of any known mechanical/electrical damage and will return equipment as such.
All instructions for the use of the equipment have been provided to Rider and Rider fully understands how to use the Equipment.
Rider agrees that the Equipment is working properly.
Rider is physically and mentally able to ride a electric bike, electric scooter, or motorized skateboard and is familiar with electric bike riding, electric scootering, or motorized skateboarding, its physical and mental requirements, and risks involved.
Rider will operate the electric bike, electric scooter, or motorized skateboard in accordance with Oregon traffic laws.
THE UNDERSIGNED HAS CAREFULLY READ AND UNDERSTANDS THIS AGREEMENT AND ALL OF ITS TERMS. THE UNDERSIGNED UNDERSTANDS THAT THIS DOCUMENT IS AN AGREEMENT OF RELEASE AND/OR EXPRESS ASSUMPTION OF RISKS THAT WILL PREVENT THE UNDERSIGNED AND/OR THE MINOR RIDER FROM RECOVERING DAMAGES FROM BEND ELECTRIC BIKES IN THE EVENT OF PROPERTY DAMAGE, INJURY OR DEATH. THE UNDERSIGNED, NEVERTHELESS, ENTERS INTO THIS AGREEMENT FREELY AND VOLUNTARILY AND AGREES IT IS BINDING ON THE UNDERSIGNED AND RIDER AND THE HEIRS AND LEGAL REPRESENTATIVES OF THE UNDERSIGNED AND RIDER.
If signing for a minor, I verify that I am the parent/guardian and/or have the authority to enter into this agreement on behalf of the minor RIDER. I agree to be bound by its terms.