RENTAL, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT
This E-Bicycle Rental, Release Of Liability, Waiver Of Claims, Assumption Of Risks And Indemnity Agreement (“Agreement”) contains the Terms and Conditions for your electric bicycle rental. This Agreement is between the bicycle renter (“Renter”) and BV Enterprises L.L.C., D/B/A Buena Vista eBike Rentals (“BV eBikes”) and covers the rental of the electric bicycle and any related equipment and accessories such as tires, lights, rack, lock, helmet, safety gear, and related miscellaneous gear (“Bicycle”).
From the time identified on this Agreement until the Bicycle is returned Renter agrees to pay the hourly, daily or multi-day rates as agreed upon reservation. The minimum charge is one hour. Renter agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges. Renter also agrees to pay a reasonable fee for cleaning the Bicycle if the Bicycle is returned with excessive stains, dirt or debris attributable to Renter’s use.
When renting a Bicycle, the Renter is required to submit a valid driver’s license and valid credit card. Reloadable prepaid cards cannot be accepted.
If Renter’s plans change prior to 24 hours of scheduled reservation, Renter’s reservation can be rescheduled, subject to availability, or BV EBIKE RENTALS can issue you a refund. Reservations made within 48 hours of a scheduled event are final and cannot be changed.
If the reservation is cancelled less than 48 hours before your reservation, the cancellation fee is $15 for half day (4 hours), $25 for full day, and 10% of the total fees for multi-day reservations.
If the reservation is cancelled less than 24 hours before the reservation, the cancellation fee is half the price of the reservation.
No-shows and non-cancelled rentals will be charged for the reservation in full.
Please note that all cancellations must be received via email or phone and confirmed by BV EBIKE RENTALS via email.
Credit Reserve and Payment by credit card only
Renter understands that Renter must pay in full an amount (to be used against the final bill) equal to the estimated total charge for the Bicycle rental at the rates indicated on the website and confirmed over the phone and via email. BV EBIKES only accepts payment by credit card. Renter authorizes BV EBIKES to charge Renter’s credit card any amounts due from Renter as a result of the Bicycle rental.
Charges for loss and/or damage to the Bicycle
Renter understands that all charges are not final and are subject to audit of the returned bicycle. Renter specifically agrees and authorizes BV EBIKES to offset any deposit balance available and, to the extent necessary, make any additional charges to Renter’s credit card to cover any damage to the Bike that occurs, not including normal wear and tear.
Prior to leaving BV EBIKES' premises, Renter shall be solely responsible for thoroughly inspecting the Bicycle for any pre-existing damage or unsafe condition of the Bicycle. If any such damage or condition exists, Renter must immediately report such damage or condition to BV EBIKES and shall not use such Bicycle or remove it from BV EBIKES. Once a Bicycle is removed from BV EBIKES' premises, Renter is deemed to have accepted the Bicycle as in good, safe and acceptable condition for all purposes.
Renter agrees to return the Bicycle to BV EBIKES 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 BV EBIKES. Rental understands that there will be no rate change for early return of the Bicycle. Renter agrees to return the Bicycle sooner if so demanded by BV EBIKES. Renter understands that there may be an increased rental rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.
Prohibited Use of the Bicycle
Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race or contest, or to be ridden on any non-approved unpaved roads, or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bicycle to be used for an illegal purpose. A violation of this paragraph automatically terminates the rental and makes Renter liable to BV EBIKES for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
Damage to Bicycle
Renter shall pay BV EBIKES for all losses and/or damage to the Bicycle, including theft or vandalism, regardless of fault. If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value. If the Bicycle is damaged beyond reasonable repair (as determined by BV EBIKES), renter shall be responsible for the retail fair market value less any salvage value, if applicable. In addition, Renter shall also be responsible for the loss of use, administrative fees, as determined by BV EBIKE RENTALS or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Renter shall be responsible for paying loss of use at the daily rate for each 24 hours Renter delays in paying the total loss.
Renter is also responsible for any loss if Renter: (1) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) rides recklessly; (3) rides while under the influence of alcohol or drugs, including marijuana ; (4) fails to promptly report an accident to the police and BV EBIKES; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for an illegal purpose. Renter authorizes BV EBIKES to collect from a responsible third party any applicable loss and/or damage. In the event BV EBIKE RENTALS obtains a recovery from a third party after Renter has paid BV EBIKES for all or part of any loss, BV EBIKES will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s’ fees.
Accidents-Third Party Claims
BV EBIKES is not responsible if Renter causes injury to another person or if Renter damages another Bicycle, vehicle or personal property of another. Renter agrees to indemnify and defend BV EBIKES and pay any claim brought by a third party arising out of Renter’s use of the Bicycle and for any liability associated with any personal accident/injury as a result of Renter’s use of the Bicycle.
Statement Of Physical And Mental Fitness, Insurance, And Bike Safety
I understand that biking requires certain physical strength, balance and coordination 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.
I am 18 years of age or older, in sound physical and mental condition, and am able to ride a 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.
I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, short and long-term disability, loss of property, loss of income, and liability I may cause or suffer while riding the Bicycle or else I understand I must solely bear the costs of such injury or damage and all related costs.
I acknowledge that I have been advised that I must wear an approved helmet at all times while riding this bike.I also acknowledge that I will not take the bike off trail as cactus spines found off trail can cause considerable damage to tires. If I ignore this request, I will pay for new tires. I am aware that electric biking is subject to all applicable municipal and provincial highway traffic regulations. I am familiar with the proper use of the Bicycle. I am aware that there are technicians available, during regular business hours, to answer any questions that I may have as to the proper use of the Bicycle.
Renter Assumes Risk of Injury
Renter assumes all risks, including death or serious bodily injury, which may result from the operation of the Bicycle, weather, altitude, accidents, etc. Renter acknowledges all the risks of operating a Bicycle on streets, roads, bike paths, bike lanes, and in traffic, including but not limited to, the risks of serious bodily injury or death from falling off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, Bicycle malfunctions, and hazards relating to weather conditions. Despite knowing such risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold BV EBIKES harmless from all claims of injury or damage. Therefore, in consideration for the opportunity to rent a Bicycle from BV EBIKES, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with BV EBIKES. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of BV EBIKES or its officers, employees and agents.
Property left on Bicycle
BV EBIKE RENTALS is not responsible for personal property left on the Bicycle. Renter agrees to indemnify BV EBIKE RENTALS in this regard.
Use of Likeness
Renter understands that during the Activity Renter may be photographed or videotaped. To the fullest extent allowed by law, Renter waives all rights of publicity or privacy or pre-approval that Renter has for any such likeness of me or use of my name in connection with such likeness, and Renter grants to BV EBIKE RENTALS and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of Rental, whether in whole or part, in any form, without restrictions, and for any purpose.
Release Of Liability, Waiver Of Claims And Indemnity Agreement
Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify BV EBIKES, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on BV EBIKES' behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF BV EBIKE RENTALS), demands for loss, damages, injuries, or any other causes of action relating in any way to my Bicycle rental, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE BV EBIKE RENTALS OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM BV EBIKE RENTALS’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against BV EBIKE RENTALS, I agree to indemnify BV EBIKE RENTALS and pay all damages, costs, fees, expenses and attorney’s fees incurred by BV EBIKE RENTALS in defending such a lawsuit or such claims. In no event will BV EBIKE RENTALS’s liability to a Renter be greater than the amount of the fees paid by the Renter to BV EBIKE RENTALS for Bicycle rental, even if the amount of damages suffered by the participant customer may be greater than this amount. Furthermore, in no event will BV EBIKES be liable for any indirect, special, implied, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS.
I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Colorado law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
Dispute Resolution, Arbitration And Governing Law
Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. The prevailing party shall be entitled to recover attorney fees and costs. You may not commence against BV EBIKE RENTALS or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in BV EBIKES, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and BV EBIKES or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against BV EBIKES may be commenced only in the federal or state courts located in Buena Vista, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and BV EBIKES, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENATATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
Participant must be 18 years or older.