WAIVER OF LIABILITY AND RELEASE OF CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LEGAL OR EQUITABLE CLAIMS
ACCEPTANCE OF AGREEMENT; PARTIES: By acknowledging or accepting the terms and conditions fo thsi Agrement, whether by electronic means or otherwise, User agrees to all of the terms and conditions contained herein. Except as provided in this Agrement, User expressly agrees to use a Bicyle subject to the terms and conditions of this Agreement. User is the sole lessee of a Bicyle and is solely responsible for compliance with all terms and conditions contained here.
I hereby acknowledge that Bicycling is a POTENTIALLY DANGEROUS ACTIVITY and involves the risk of serious injury end / or death and / or property damage. I FURTHER ACKNOWLEDGE THAT WAIKIKI BIKE TOURS AND RENTALS (“The Releasees”) rents electric motorized transportation in the form of Bike equipment (electric bikes and non-electric bikes) and electric scooters and does not provide instruction, guidance, or any information regarding any activity involving the rental equipment and its intended use other than throttling and braking usage on electric equipment. I will abide by all local Hawaii bike laws and hereby release, waive, discharge, and agree that Waikiki Bike Tours and Rentals and its landlords located at 1690 Ala Moana Blvd, Honolulu HI 96815 is not to be held liable for any traffic citations, serious personal injury, property damage caused by my activity on and off the named property address, as Waikiki Bike Tours is acting as a facilitator and providing only the equipment needed to perform or participate in said activity. I release any and all claims against Waikiki Bike Tours, its landlord, agents, employees, or officers. I assume ALL LIABILITY and risk of serious or personal injury of any kind, death, or property damage and separately INDEMNIFY and SAVE and hold HARMLESS the releasees, and agree that this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement extends to all acts of negligence by Releases, including the compounding of injuries that may be caused by, but not limited to improper rescue procedures. NOTE: This Waiver and Release of Liability Agreement is intended to be a legally binding document. Read this waiver carefully and completely. You may wish to consult an attorney to obtain advice about this document. By your signature on this Waiver and Release of Liability Agreement, you indicate your acceptance of all terms and conditions below. Waikiki Bike Tours (the Company), has arranged for you to rent a pedal bike(s), electric bike(s) and electric scooter(s). All persons renting and/or using rented items, such as a pedal bike, electric bike and electric scooters, participating in bicycling or other events by the company are required to sign and agree to the terms of this Waiver and Release of Liability Agreement prior to rental. IN CONSIDERATION of, and as an express condition too, your rental for use of a bike (s) and /or a scooter (s) from the Company the undersigned hereby agrees to the following: The undersigned is aware of that bicycling and scootering is an activity that involves the risk of injury or even death. The undersigned is aware that there is a risk of negligence by the Company or its landlords, agents or assigns, including the failure by the Company or its agents or assigns to safeguard or protect me from or warn me of the risks, dangers and hazards of bicycling. I freely accept and fully assume all risk, dangers and hazards associated with participating in bike and scooter rental and tours, and the possibility of loss, personal injury or death resulting there from. These risks include property damage, serious personal injury and death, which may result in part from turbulence, mechanical or equipment malfunctions, vehicular accident, risk of slipping, falling, cars, traffic, equipment, may cause serious injury lacerations or other accidents. The undersigned, after careful consideration, expressly as soon as these risks and agrees to release the Company and its affiliates, employees, members, associates, drivers, tour guides and independent contractors from any and all liability associated with these risks. The undersigned hereby holds harmless and indemnifies the Company and its agents and affiliates from any and all liability for any property damage or personal injury to any third party resulting from my participation in a Company bike and scooter rental or event. The undersigned hereby WAIVES AND RELEASES ANY AND ALL LAWSUITS, CLAIMS AND DEMANDS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, NEGLIGENT, PERSONAL INJURY, DEATH OR OTHERWISE, WHETHER OR NOT IMMEDIATELY APPARENT, which the undersigned may, now and forever, have against the Company and its affiliates, employees, members, associates, drivers, tour guides and independent contractors resulting, directly or indirectly, from the participation in a Company bicycle tour or rental or event and all actions related thereto. The undersigned hereby acknowledges that he / she is responsible for their own suitability to Bike or to participate in bicycling and is hereby strongly encouraged to consult a physician prior to participation should they have any concerns such as, but not limited to, pregnancy or physical impairment; including but not limited to bicycling ability.
LIABILITY FOR DAMAGE TO EQUIPMENT
When engaging in the rental or use of Company equipment, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented from Waikiki Bike Tours for the entire period and to pay all repair and / or replacement costs for any damage or theft that may occur to equipment during the rental period. Should I damage a pedal bicycle, road bike, hybrid bike, electric bike and or an electric scooter, I hereby agree to pay any Fees or other amounts owed hereunder including, without limitations, any amounts for damage to, or replacement of, pedal bicyle, road bike, hybrid bike, electric bike and electric scooter from the credit card or signature debit card on file WITHOUT ANY CREDIT CARD ISSUER DISPUTES FROM THE RENTER. The replacement cost of the equipments are: pedal bicycle is $700, road bike is $1,200, electric bike is $3,200 and $1,250 for ecoreco electric scooter. Furthermore, should an accessories of (helmets $49.99), (locks 39.00), (Front Storage Bag 30.00), (lights 25.00) become lost or stolen the maximum liability limit (prices disclosed) will be charged. User represents and warrants that User is authorized to use the credit or signature debit card or credit or signature debit card number provided to Waikiki Tours and Rentals and hereby authorizes Waikiki Tours and Rentals to charge such credit or signature debit card any amounts owed hereunder. If User disputes any charge to his or her credit or signature debit card, User must contact Waikiki Tours and Rentals within ten (10) days after receipt by User of User's statement containing the dispute charge.
This Waiver and Release of Liability Agreement shall be governed and constructed by the laws of the State of Hawaii. Any litigation pertaining to this Waiver and Release of Liability Agreement shall be held exclusively in Hawaii with the prevailing party being entitled to collect reasonable attorney's fees, costs, and expenses from the non-prevailing party. The undersigned voluntary submits to the exclusive personal jurisdiction of the state and federal courts in Hawaii and waives any and all objections to the jurisdiction or proper forum of such courts. If any provision of this Waiver and Release of Liability Agreement shall be held unenforceable or void, it shall be separate from the remaining provisions and shall not affect their subsequent enforceability or validity. THE UNDERSIGNED HEREBY WAIVE THE RIGHTS TO A TRIAL BY JURY FROM ANY LITIGATION ARISING FROM OR RELATING TO THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT. By signing below, the undersigned (or, if the undersigned is under the legal age of 18, the undersigned’s legal guardian) has read, considered and expressly we agreed to all of the terms and conditions of this Waiver and Release of Liability Agreement as of the date written below. This Waiver and Release of Liability Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity. I have read this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement, fully and understand its terms, understand that I have given up substantial rights by executing this document, and am aware of its legal consequences, and have executed it freely and voluntarily, without inducement, assurances, or guarantees made to me and intend my signature to be a complete and unconditional release of liability to fullest extent allowed by low and further agrees to save and hold harmless says releasees.
INHERENT RISKS ASSOCIATED WITH BIKE RENTALS AND TOURS:
- Bicycling is a physical sport and may cause death, damage and or serious injuries to your body or damage property and our equipment.
- Don’t go bicycling without warming up and stretching! - Bikes and electric scooters can be dangerous transportation and sporting equipment.
- A risk of serious injury to you, to those around you and or the transportation equipment may occur while handling bikes and electric scooters.
- Cars, traffic, road conditions and other vehicles are serious dangers!
- Not wearing a helmet increases your risk of injury and is not recommended.
- Being in the sun may cause cancer, please take the appropriate measures!