ADVENTURE365 – RENTAL AGREEMENT AND POLICIES
I hereby acknowledge and agree to the following rental agreement terms and conditions:
Equipment are rented out clean and in proper working condition and must be returned in the same manner.
Equipment is to be used within park boundaries and on designated trails only. Should a customer be seen using equipment outside of deisgnated areas, Adventure365 reserves the right to revoke the rental equipment with no refund.
Equipment is to used by the customer on the rental contract only and remain in the customers possession at all times.
Customer agrees to return the equipment in clean, UNDAMAGED condition to avoid any ADDITIONAL charges for repair, maintenance or replacement. 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. Damaged parts or components will be repaired/replaced at Adventure365's discretion and customer agrees to pay regular shop rates and retail prices for parts replaced. Clean condition means normal wear and tear is accepted but does not include broken parts due to negligence. Late returns are subject to fees.
If the rental equipment is lost, stolen or damaged Customer is reponsible for it's full replacement value and for any and all other fees,claims, expense, or obligations to persons or property during the term of this agreement.
For Mountian Bike / Fat Bike Rentals:
Helmets are included in with all bike rentals, and are required to be worn at all times while riding bicycles rented from Adventure365. If a customer is seen riding the rental bicycle without a helmet, Adventure365 reserves the right to revoke the rental bike with no refund.
ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT
Assumption of Risk: I understand and accept that renting this piece of equipment and participating in outdoor physcial activitiy exposes me/my child to many hazards that may entail unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. I also understand I/my child should be in good physical health to participate in outdoor physcial activity, and I confirm that I/my child have no significant health issues that prevent me/my child from participating in outdoor physical activity. I/my child have no medical conditions, nor have I/my child been diagnosed with a condition that prevents me from outdoor physical activity. In spite of the aforementioned risks and acknowledgements, I hereby assume all risk of injury or loss of life to myself/my child and loss of or damage to property arising out of renting this equipment and participating in outdoor physcial activity. I understand the inherent risk involved in using this rental equipment and accept full responsibility for any and all such damage or injury which may result.
Waiver And Release: In consideration ofAdventure365 renting me/my child this equipment, I specifically release and forever discharge Adventure365 and its directors, officers, employees, agents, representatives, insurers, insurance intermediary from any and all liability or claims for injury, illness, death or loss of or damage to property which I/my child may suffer while renting this equipment and participating in outdoor physical activity. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Adventure365 or its affiliates, officers, agents, or employees. It is my intent by the Waiver And Release Agreement to release Adventure365 and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Adventure365 or whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this document, I fully recognize that if injury, illness, death or damage occurs to me/my child while I am engaged in renting this equipment or participating in outdoor physical activity, I will have no right to make a claim or file a lawsuit against Adventure365 or its directors, officers, employees, agents, representatives, insurers, insurance intermediary even if they or any of them negligently cause my injury/my child’s injury, illness, death or damage.
I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRITY AND UNDERSTAND ITS CONTENT. I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND I SIGN IT VOLUNTARILY. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
February 22, 2020