READ THIS DOCUMENT COMPLETELY BEFORE SIGNING. ITS EFFECT IS TO RELEASE ADRENALINE BIKE WORKS FROM ANY LIABILITY RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES DESCRIBED BELOW, AND TO WAIVE ALL CLAIMS FOR DAMAGES OR LOSSES AGAINST ADRENALINE BIKE WORKS WHICH MAY ARISE FROM SUCH ACTIVITIES. 1. This is a legally binding Assumption of Risk, Waiver and Release Agreement (collectively, “Release”), made voluntarily by me, the undersigned renter or user, on my own behalf and on behalf of my heirs, executors, administrators, legal representatives and assigns, and as a parent or legal guardian of any renter or user under the age of 18 (hereinafter collectively, “Renter,” “I”, or “me”), in favor of Adrenaline Bike Works LLC (“Adrenaline Bike Works”).
2. I agree to properly use and care for the bicycle and other rented equipment (collectively, the “Equipment”) while it is in my possession. I acknowledge that any deviation from proper use or care may greatly increase the likelihood of accident or injury. I agree to properly secure/lock all Equipment when not in my possession. The safety of accompanying passengers in any Equipment (including any child-related equipment) is my responsibility, and I agree to monitor the condition of the Equipment and the passengers, if any, at all times. I agree to wear an approved safety helmet and to ensure that all passengers and those for whom I am responsible wear appropriately-sized approved safety helmets. I agree not to use the equipment in conditions of reduced visibility (including, but not limited to, darkness). I understand that it is not possible to predict every situation and condition of the terrain that the bicycle will be ridden on; therefore, it is impossible to guarantee that it will react safely in all riding conditions.
3. I understand and accept that renting and/or testing the Equipment and/or participating in bicycling and related activities (the “Activities”) 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. 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 the renting of the Equipment and the participation in the Activities. I understand the inherent risk involved in using the Equipment and engaging in the Activities, and I accept full responsibility for any and all such damage or injury which may result.
4. I understand that I/my child should be in good physical health to participate in the Activities, and I confirm that I/my child have no significant health issues that would prevent me/my child from participating in the Activities. I/my child have no medical conditions, nor have I/my child been diagnosed with a condition, that prevents me/my child from the Activities. I affirm that I have adequate medical or health insurance to cover any medical assistance I may require, and that any passengers or persons for whom I am responsible also have adequate medical or health insurance to cover any medical assistance they may require.
5. I agree to return the Equipment in the same condition as it was when I rented or received it from Adrenaline Bike Works. I understand that I am financially responsible for replacing the Equipment if any damage occurs while in my possession. I authorize Adrenaline Bike Works to charge the credit card on file for me for all eventual costs in case of damages to the Equipment during my rental or use period. In case of theft, I will be responsible for reimbursing Adrenaline Bike Works for the original price of the Equipment, plus the cost of any accessories that were provided at the time of the Equipment rental. I agree that all Equipment must be returned clean of mud and debris, and any Equipment not returned clean will be assessed at least a one-hour additional fee. I agree that hourly and daily rentals are due back at least 15 minutes before closing time. Late returns are subject to fees.
6. In consideration of Adrenaline Bike Works renting to me/my child the Equipment, or allowing me/my child to test the Equipment, I specifically release and forever discharge Adrenaline Bike Works and its affiliates, officers, members, managers, agents, and employees 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 the Equipment and participating in the Activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence, carelessness, or recklessness of Adrenaline Bike Works or its affiliates, officers, members, managers, agents, or employees. It is my intent pursuant to this Release to release Adrenaline Bike Works and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether or not caused by the negligence of Adrenaline Bike Works or whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this Release, I fully recognize that if injury, illness, death or damage occurs to me/my child while I am engaged in renting the Equipment or participating in the Activities, I will have no right to make a claim or file a lawsuit against Adrenaline Bike Works or its affiliates, officers, members, managers, agents, or employees, even if they or any of them negligently cause my injury/my child’s injury, illness, death or damage.
7. I agree to hold harmless and indemnify Adrenaline Bike Works and its affiliates, officers, members, managers, agents, and employees, as well as the Equipment manufacturers and distributers, of any and all losses or damages that I/my child may cause to any person or property while engaged in the Activities. This includes, but is not limited to, any and all claims for personal injury, death and/or property damage that may arise out of the use of the Equipment, to myself or others. I UNDERSTAND AND AM AWARE THAT BIKING IS A HAZARDOUS ACTIVITY. I UNDERSTAND THAT BIKING INVOLVES A RISK OF INJURY TO ANY AND ALL PARTS OF MY BODY. I hereby freely and expressly assume and accept responsibility for any and all risks of harm and/or death while participating in the Activities.
8.
I realize the importance of wearing a helmet. A helmet must be worn at all times.
I understand that the Activities may result in severe injury, including, but not limited to, spinal or head injury.
I understand that the Activities may result in hazards posed by other bicycles and traffic or road conditions.
I understand that there may not be bicycle lanes where I/my child are conducting Activities.
Adrenaline Bike Works’ staff have answered any questions I had regarding the Equipment and the Activities.
I understand that my rented bicycle may not have visibility enhancement equipment such as blinking lights.
9. I UNDERSTAND THAT THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE TO THE FITNESS OR MECHANICAL SOUNDNESS OF ANY EQUIPMENT, AND THAT ADRENALINE BIKE WORKS HEREBY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. I agree that this Release shall be governed for all purposes by Florida law without regard to conflicts of laws principles. If any part of this Agreement, for any reason, is declared invalid or void, such declaration shall not affect the remaining portions of the Agreement which shall remain in full force and effect as if this Agreement had been executed with the invalid portion eliminated. If Adrenaline Bike Works decides not to enforce a provision of this Agreement, such decision in favor of non-enforcement shall not constitute a waiver of the right of Adrenaline Bike Works to enforce that provision of the Agreement in the future.
11. I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND I UNDERSTAND ITS CONTENT. I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT, AND I SIGN IT VOLUNTARILY.
Dated: April 1, 2025 |