- General: These Terms and Conditions (front and reverse side of this form, plus the return with final charges) form a Rental Agreement (“Agreement”).. This Agreement Is between the bicycle renter as Identified herein (“Renter”) and Eco e-Bikes Kaua‘i, LLC and covers the rental of the bicycle equipment (“Bicycle”) and the topics described in this Agreement. The word “Bicycle” means the two-wheeled electric bicycle provided to Renter by Eco e-Bikes Kaua‘i and includes the frame, two tires, seat, electric power, battery, lights, miscellaneous equipment, accessories (bike rack, lock) and safety gear (helmet, braking system).
- Authorized Drivers/Prohibition on Passengers: The Bicycle is for the exclusive use of the Renter under this Agreement. No other person may ride, drive or otherwise operate Bicycle except the Renter. Renter may not carry any passengers on the Bicycle at any time. Renter may not add any kind of seat or modification to the Bicycle or allow someone to ride on the rear fender. No one may ride on the handlebars at any t me. Renter is prohibited from pulling or towing any passenger or object with the Bicycle at any time. Renter must be at least 16 years of age.
- Bicycle Return: Renter agrees to return the Bicycle to Eco e-Bikes Kaua‘i 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 Eco e-Bikes Kaua‘i. Renter agrees to return the Bicycle sooner If so demanded by Eco e-Bikes Kaua‘i. Renter understands that there may be rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.
- Rental Charges: From the time Identified on the front side of this Agreement until the Bicycle is returned Renter agrees to pay the rates as indicated on the front side of th is Agreement. The minimum charge is for two hours (120 minutes).Renter shall pay the applicable Hawaii sales, use, rental and excise taxes. Renter shall pay a reasonable fee for cleaning the Bicycle If the Bicycle is not returned In the same condition as when rented.
- Safe Operation of Bicycle, Roadway, Traffic and Other Hazards: By signing this Agreement, Renter confirms that Renter has been advised by Eco e-Bikes Kaua‘i and otherwise knows and understands rights of way, traffic regulations, and other rules regarding the safe operation of bicycles on Hawaii streets and thoroughfares, Renter knows and understands that there are risks of personal injury and/or property damage which arise with the operation of the Bicycle on any public or private street, roadway or thoroughfare. These risks arise from the operation of motor vehicles by others, from man-made hazards (e.g., pedestrian traffic, roadway repairs, street signs, etc), and from natural hazards (uneven ground, street side trees, sandy areas, rain, standing water, etc). as set forth In further detail in Section 10, below. Renter agrees to diligently observe and follow rights of way, traffic regulations and applicable rules and shall safely operate the Bicycle so as to avoid or minimize the exposure to such risks and hazards. Renter assumes the risk of personal injury and/or property damage from all such hazards or dangers.
- Repossessing the Bicycle Eco e-Bikes Kaua‘i, may repossess the Bicycle at any time if: the Bicycle is used in violation of law; it appears the Bicycle is abandoned, the Bicycle Is used In violation of any term or condition In this Agreement; Renter made a misrepresentation to Eco e-Bikes Kaua‘i, or Renter falls to return the Bicycle when due. Eco e-Bikes Kaua‘i is not required to notify Renter In advance of repossession.
- 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 driven on any unpaved roads, in dirt or through water, or In public parks or on a designated bicycle trail if specifically prohibited, or In any location that operation would be illegal or If such use would pose a danger or be a nuisance to others. Renter will not use or permit the Bicycle to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to the Released Parties (defined below) for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of Section 7.
- Damage to Bicycle: Renter shall pay Eco e-Bikes Kaua‘i for all losses and/or damage to the Bicycle, regardless of fault (e.g. Renter agrees to pay for the loss even though someone else caused the damage or Is at fault). Renter Is also responsible for all theft or vandalism losses, even If the theft or vandalism were caused by others and not as the result of the fault of Renter. If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair, any diminution in value, or, If applicable, the cost of replacement. If the Bicycle is damaged beyond reasonable repair (as determined by Eco e-Bikes Kaua‘i), Renter shall be responsible for the retail fair market value less salvage value, if any, which may be applicable. In addition to the above, Renter shall also be responsible for the reasonable down time (“Loss of Use”),and reasonable administrative fee as determined by Eco e-Bikes Kaua‘i 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 for the replacement cost of the Bicycle. In addition to the above, Renter is responsible for any loss if Renter: (1) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) drives recklessly; (3) drives while under the influence of alcohol or a controlled substance; (4) falls to promptly report an accident to the police and Eco e-Bikes Kaua‘i; (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 Eco e-Bikes Kaua‘i to collect from a responsible third party any applicable loss and/or damage. In the event Eco e-Bikes Kaua‘i obtains a recovery from a third party after Renter has paid Eco e-Bikes Kaua‘i for all or part of any loss, Eco e-Bikes Kaua‘i will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorneys’ fees.
- Accidents: Indemnity and Third Party Claims: In consideration for being permitted to use the Bicycle, Renter agrees not to sue and to forever waive, release and discharge, indemnify and hold harmless Eco e-Bikes Kaua‘i, and each of their respective officers, directors, managers, members, employees, agents, representatives, contractors, volunteers and the successors and assigns of each of the foregoing (collectively, the “Released Parties”) from any and all actions, claims, liabilities and demands of any nature or matter whatsoever including all losses, costs, damages and expenses (including, but not limited to, reasonable attorneys’ and experts’ fees) (collectively, “Claims”) that Renter, Renter’s assignees, heirs, distributees, guardians, next of kin and legal representatives now have, or may have In the future, for personal injury, Illness, death or property damage related to (i) Renter’s use of the Bicycle for any and all purposes; and/or (ii} Renter’s participation In any Biking Activities (defined below). This release Is made on behalf of Renter, as well as on behalf of any minors under Renter’s care. The release applies to Renter, those minors, as well as Renter’s assignees, heirs, personal representatives or others claiming to act for on Renter’s behalf. Renter further agrees not to make a claim or sue for Injuries or damages relating to the use of the bicycle or Renter’s participation In any Biking Activities under any theory. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
- Renter Assumes Risk of Injury. As set forth above, Renter assumes all risks of injury and damage, Including, but not limited to, death or serious bodily injury, which may result from the operation of the Bicycle. Renter knows, understands and acknowledges risks of operating a Bicycle on streets, roads, bike paths, bike lanes, and in traffic These risks Include, but are 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 fl at tires due to unseen objects puncturing or damaging tires, or brakes falling, and hazards relating to weather conditions. Renter fully understands and acknowledges that (a) risks and dangers exist In Renter’s use of the Bicycle and Renter’s participation in bike riding and other related activities (collectively, “Bike Activities”), (b) Renter’s participation in such Bike Activities and/or use of the Bicycle may result In property damage, drowning, death, Injury, Illness other ailments, and (c) these risks and dangers may be caused by Renter’s own negligence, the negligence of others (Including, without limitation, the Released Parties (defined below)), accidents, falls, collisions, other individuals engaging in Biking Activities or other causes. Renter understands that the risks and dangers may arise from foreseeable or unforeseeable causes and by Renter’s participation in these activities and/or use of the Bicycle, Renter hereby assumes all such risks and dangers and all responsibility for any such losses and/or damages. Renter’s acceptance and assumption of risks applies to Renter as we ll as for any minors under Renter’s care.
- Payment: Renter agrees to pay upon demand: All rental rates, charges, (Including those applicable to miscellaneous services and equipment), plus applicable taxes and fees which may apply to the Bicycle rental, together with charges, If applicable, for loss and/or damage to the Bicycle In accordance with Section 8, above. Renter agrees that, if applicable, additional charges, e.g., for loss, damage or for Renter’s other obligations, may be collected by Eco e-Bikes Kaua‘i via the same manner of payment used by Renter at the time of reservation and/or for the rental of the Bicycle. Without limiting the foregoing, Renter understands and agrees that Eco e-Bikes Kaua‘i may charge Renter’s credit or debit card for such purposes.
- Credit Reserve and Payment: Renter understands that Renter must deposit an amount (to be used against the final bill) equal to the estimated total charge for the bicycle rental at the rates Indicated In this Agreement. Renter authorizes Eco e-Bikes Kaua‘i to place any amount(s) due from Renter as a result of the Bicycle rental on to Renter’s credit card, If that form of payment Is utilized.
- Property left on or In Bicycle: Eco e-Bikes Kaua‘i is not responsible for any personal property left In or on the Bicycle. Renter assumes all risk of loss If Renter leaves any such personal item. Renter shall defend, Indemnify and hold the Release Parties harmless from Claims, if any, made by any third person allegedly arising from personal property Items left in or on the Bicycle.
- Collections: All charges, fees and expenses, Including payment for loss or damage to the Bicycle, are due upon Eco e-Bikes Kaua‘i’s demand. If Renter does not pay all charges when due, Renter agrees to pay a late charge of 1.5% per month on the past due balance. If collection or legal action is necessary, Renter agrees to pay all Eco e-Bikes Kaua‘i’s collection costs and reasonable attorneys’ fees. If any check is not honored by a financial institution, Renter will be assessed a service charge of $35.00, In addition to the payment of the principal due and any attendant collection costs.
- Fines and Expenses: Renter is responsible for paying all fines, tickets, fees, assessments, court costs, and recovery expenses for any parking, traffic or other violations, including storage liens and charges, Incurred or imposed during the rental of the Bicycle and hereby indemnifies and holds harmless the Released Parties from any and all Claims In connection therewith
- General Provisions: Renter represents that the Information provided by Renter and contained In this Rental Agreement Is true, accurate, and complete. In the event that any Information is not true, accurate or complete in any respect, Renter agrees that Eco e-Bikes Kaua‘i has the right to terminate this Agreement with or without notice. Renter agrees that Renter will be responsible for any unauthorized repairs or modifications to the Bicycle. Renter understands that Eco e-Bikes Kaua‘i will not reimburse Renters for any authorized repairs. Renter understands that in no event shall Renter be deemed to be an agent, servant, or employee of Eco e-Bikes Kaua‘i in any manner for any purpose whatsoever This Agreement shall be governed by and enforced in accordance with the laws of the State of Hawaii, without reference to Its conflicts of law provisions and shall be subject to the jurisdiction of state and federal courts sitting In the County of Kauai, State of Hawaii, U.S.A. Each party hereto expressly waives any and all rights which It may have to make any objections based on jurisdiction, venue, or sufficiency of process to any suit brought to enforce this Agreement in accordance with the foregoing provisions. Each party waives, to the full extent permitted by law, the right to a jury trial In any litigation concerning this Agreement or any defense, claim, counterclaim, claim of set-off or similar claim of any nature. In the event of any action between the parties for enforcement or Interpretation of any of the terms or conditions of this Agreement, the prevailing party In such action shall be entitled to recover Its reasonable costs and expenses, Including without limitation court costs and attorneys’ fees actually Incurred, as awarded by a court of competent jurisdiction.
ALL information in this Rental Agreement regarding the Renter is correct and I (agree to all the terms and, conditions set forth in this Agreement.
Eco e-Bikes Kaua‘i asks that all Renters wear a helmet and other safety gear and that, if needed, they seek Instruction from Eco e-Bikes Kaua‘i staff regarding the safe operation of the rented equipment. Helmets are provided free to Renters.
WAIVER/RELEASE - Each person understands that bicycling can be hazardous and can result In Injury or death. Each person also agrees to Including not to sue and to forever waive, release and discharge, Indemnify and hold harmless the Released Parties from any Claims that Renter, Renter’s assignees, heirs, distrlbutees, guardians, next of kin and legal representatives now have, or may have in the future, for personal injury, illness, death or property damage related to t result.(i) Renter’s use of the Bicycle for any and all purposes; and/or (ii) Renter’s participation in any Biking Activities. This release is made on Renter’s behalf, as well as on behalf of any minors under Renter’s care. The release applies to Renter, those minors, as well as Renter’s assignees, heirs, personal representatives or others claiming to act for on Renter’s behalf. Renter further agrees not to make a claim or sue for injuries or damages relating to the use of the Bicycle or Renter’s participation in any Biking Activities under any theory. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
Lost Locks, Keys, Helmets, Baskets/Panniers will be charged a lost/damage fee at fair market replacement cost.
Today's Date: August 4, 2020