This Contract and Release is entered into on the date above by and between NYC Adventure Bike Tours LLC d/b/a NYC Adventure eBike Tours (herein “NYC eBike Tours”) and each adult Participant whose name and signature appear below and who sign this Agreement on his or her own behalf. Each adult is herein referred to as a “Participant”. IT IS HEREBY ACKNOLOWLEDGED AND AGREED AS FOLLOWS: NYC eBike Tours reserves the right to immediately and a Participant’s use of a eBike and/or his or her further participation in a tour, if its staff makes a determination for any reason in its exclusive judgment that there is a potential danger to such Participant if the Participant continues. Should such a determination be made, the staff person will so advise the Participant the tour has been cancelled without refund.
I. Participant acknowledges that he or she is fully aware of the inherent danger and risks of riding a eBike and participating in a guided tour, and each Participant hereby assumes all risks that may arise as a result of his or her riding and participation, including, but not limited to, risks to bodily injury and property damage that may result from: the Participant’s falling from or with the Equipment; the Participant’s and/or near collision with other participants, third parties, and/or vehicles; and the Participant’s failure to keep up with, or follow the directions of tour guides.
Participant acknowledges that he or she has inspected the Equipment and there are no visible defects in the same (or if there are any, Participant has noted the same, in writing, in the area designated on the eBike safety checklist below). Participant assumes full responsibility for the Equipment from the time of his or her first possession of the same and until it is returned to NYC eBike Tours, and he or she agree to compensate NYC eBike Tours for all the damages to or loss of the Equipment, including by theft, excluding normal wear and tear (“Damages”).
II. Participant represents that he or she is not pregnant, weighs between 100 lbs. and 240lbs., is at least Sixteen (16) years of age, in sound medical condition and is capable of operating Equipment without risk to Participant or to others. Participant represents that he or she has no medical or physical impediment which would endanger Participant or others.
Participant understands that the use of a eBike is subject to all traffic laws, signs, rules and regulations which pertain to moving vehicles, and those regulations which intended to protect pedestrians , and a Participant has the express obligation among others, to give the right- of-way to pedestrians and other human powered devices (i.e. bicycles, wheelchairs, wagons, scooters, etc.), to obey all speed limits, and to make a loud audible sound when overtaking and passing pedestrians and human powered devices. Participant is further subject to other laws, ordinances, rules and regulations governing the use and operation of eBike and shall at all times operate the eBike in accordance with the same and in addition, Participant agrees to adhere to the rules and regulations that NYC eBike Tours provides , including through its orientation eBike process and through its guides while involved in a tour. Use of mobile telecommunications equipment is prohibited while operating Equipment.
III. In consideration of being permitted to participate in a tour and/or to rent and operate the Equipment, Participant on his or her own behalf, and on behalf of his, her, and/or their, heirs, assigns and legal representatives (each of the foregoing is a “Releasor”) does hereby release, indemnify, forever discharge, and agree to hold harmless NYC eBike Tours (and its respective officers, directors, representatives, employees, agents, and contractors – collectively, “Releasees”) from any and all claims, demands, rights, and causes of action of whatsoever kind, whether in tort, by contract, under any product liability theory and/or statutory basis, or otherwise, which may arise and/or result from personal injuries, property damage or loss, death, illness, and/or any other source, occurring during and/or resulting from his, her, and/or their participation in a NYC eBike tour and/or the rental of the Equipment. If any lawsuit or other claim is brought by Participant, , which arises from or relates to injuries sustained to the person or property of Participant, or as a result of, his or her participation in a NYC eBike tour and/or the use of the Equipment, then Participant shall be responsible for all of Releasees’ defense costs, including its reasonable legal fees, and in addition, Participant shall be obligated to pay in full the amount of any resulting judgement entered against Releasees, or any one or more of them, and/or the amount of any good faith settlement agreed upon by Releasees, or any one or more of them, to avoid a trial or other adverse disposition of such claim.
IV. NYC eBike Tours provides a helmet free to all Participants. For safety reasons, NYC eBike Tours requires that all Participants wear a helmet and sunglasses/goggles while utilizing a eBike on a tour.
V. Participant consents to and permits NYC eBike Tour to use its best efforts to seek to obtain emergency medical treatment in the event of injury or illness to Participant and agrees that he or she will be solely responsible to pay any costs incurred with respect to emergency medical treatment.
VI. Participants assume full responsibility for eBikes, other equipment and ancillary items either rented or used for participation in a guided tour (collectively, the “Equipment”) and agree to compensate NYC Adventure eBike Tours for damages caused to Equipment, excluding normal wear and tear (“Damages”), and for theft, during the tour period and for such time thereafter until the Equipment is returned to NYC Adventure eBike Tours.
I have read over this waiver and agree to its conditions. I recognize that this Product Orientation is an introduction to the features and functions. I acknowledge that expertise is developed through my independent and continued practice on the NYC Adventure eBike Tours. I acknowledge that I need to follow directions and suggestions of my guide to safety ride the eBike outside of my controlled, familiar practice environment.
Today's Date: [date)
1. eBike may NEVER be unattended or locked up. If stolen a $2500 will be charged to your credit card.
2. eBike must be retuned when rental period is over or additional charges will be applied.
3. You are responsible for any damages to the eBike including a flat tire. (Flat tire fee, $50)
4. Helmets must always be worn while operating our eBikes. Standard helmets are provided with every rental
5. Only the person who name is listed on the agreement may operate the eBike
6. You must be 21 years of age to rent our eBikes (18+ years, if with parent/guardian)
7. Bike must be returned to our store location or a fee will apply
8. If bike is not returned for any reason, a charge of $2500 will be applied to your credit card.
9. In heavy rain situations, please seek shelter as these are electric bikes. You are responsible!
10. A credit card deposit of $500 to be collected per eBike. A different credit card must be used per eBike.
11. No cash accepted, a government issued ID and credit card must be used for rental.
12. A orientation video must be viewed before using our eBikes.
13. Your transaction will be video taped and uploaded to our cloud.
14. Children must be 10 years of age and ride with a legal guardian on our shared eBikes.
15. All NYC vehicles laws must be followed while using our eBikes. Never text or take photos while eBiking!
16. If bike stops functioning, fold bike and transport back to store via Taxi. If we have to retrieve the bike, a $150 fee will apply if in Manhattan / $250, if not in Manhattan.
17. If eBike comes back excessively dirty, a $30 cleaning fee will be applied.
18. Reservations canceled via our booking system must be made within 24 hours of rental or a 50% administration fee will be levied.
19. We don’t offer refunds if it rains during your rental period. If raining ”before” your rental start time, you have the option for a full refund or store credit.
20. All renters MUST KNOW HOW TO OPERATE A TRADITIONAL BICYCLE before renting our eBikes. X_____
21. GPS device on eBike may NOT be removed
22. It’s forbidden to operate our eBikes under the influence of alcohol or drugs.
23. Our “standard” eBikes are for “ONE” rider.
24. It is strictly forbidden to use our eBikes for deliveries, racing or competitions of any nature.
25. You must have a working phone while riding our eBikes. A phone call verification will happen before the rental takes place. If no phone available, we will require a $1000 per eBike deposit.
26. NYC Adventure eBike Tours LLC is not responsible for personal property left on, lost or stolen while operating our eBikes . Renter agrees to indemnify NYC Adventure eBike Tours LLC in this regard.
27. I understand that eBiking requires certain physical strength and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties
28. I am in sound physical and mental condition and am able to ride an e-Bicycle. I can make informed, objective decisions. I currently have no known physical, medical or mental condition which would impair my ability to ride a Bicycle, or else I understand I assume all risks that may be created, directly or indirectly, by any such condition.
29. I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability I may cause or suffer while riding the eBike or else I understand I must solely bear the costs of such injury or damage and all related costs.
30. I am aware that there is staff at NYC Adventure eBike Tours available to answer any questions that I may have as to the proper use of the eBike.
31. I am aware and understand the eBikes will go a maximum of 20 miles in distance, if used via throttle only* 32. I am aware and understand the eBikes will go a maximum of 35 miles if used in “pass 1” with pedaling*, If “eBike rider” runs out of battery power, “eBike rider” is responsible for getting the bike back to the shop on time or additional rental hours/fees will be added.
(*Range of eBike depends on weight of rider, slope of terrain , wind)
33. NYC Adventure eBike Tours LLC is expressly authorized by the client to charge on his/her credit card after the eBike has been returned for up to $2500 if bike is not in satisfactory condition.
34. If the bicycle is involved in an accident the client, user of the eBike, is directly and expressly held responsible for any personal or material damages to himself and/or to any third party. NYC Adventure eBike Tours LLC is completely exempt from any liabilities, which may arise from an accident where the rented bicycle is involved. In case NYC Adventure eBike Tours has to answer for the mentioned damages to third parties, NYC Adventure eBike Tours LLC will charge the same amount to the client who will also pay for costs and court fees if the rented eBikes have been involved in an accident and NYC Adventure eBike Tours LLC must attend to trial in court either civil or penal trial.