These Terms and Conditions form a Guided Tour Agreement (herein "Agreement"), which consists of this Guided Tour Agreement (both front and reverse sides), the Terms and Conditions stated herein, and a return document with final changes.
This Agreement is between the bicycle tour guest as identified in this Agreement (herein "Guest") and Pedego Norfolk and covers the rental of the bicycle equipment ("Bicycle") for the purpose of Guided Tour Agreement..
The word "Bicycle" means the two-wheeled electric bicycle provided to Renter by Pedego Norfolk and includes the frame, two tires, seat, electric power, battery, lights, miscellaneous equipment, accessories (bike rack, lock) and safety gear (helmet, braking system).
2. Authorized Drivers/Prohibition on Passengers
No other person may drive or otherwise operate Bicycle except the tour guest.
Guest is prohibited from carrying any passengers on the Bicycle at any time unless authorized by Pedego Norfolk.
Guest may not add any kind of seat or modification to allow someone to ride on the rear fender, and no one may ride on the handlebars at any time.
Guest is prohibited from pulling or towing any passenger or object with the Bicycle at any time.
Guests must be 18 years of age. Under 18 is required to have a guardian present during time of rental activity.
No one other than the Guest is allowed to ride Bicycle at any time.
3. Bicycle Return
Guest agrees to return the Bicycle to Pedego Norfolk in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the conclusion of tour at the location specified by Pedego Norfolk at start of tour.
Geust agrees to return the Bicycle sooner if so demanded by Pedego Norfolk. 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.
4. Tour Charges
From the time identified on the front side of this Agreement until the Bicycle is returned Guest agrees to pay the minute, hourly, and daily rates as indicated on the front side of this Agreement. Renter agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges.
Guest also agrees to pay a reasonable fee for cleaning the Bicycle if the Bicycle is returned with excessive stains, dirt or soilage attributable to Renter's use.
5. Start of Tour
The tour commences after the Pedego Norfolk representative has informed the Guest of the proper and safe operation of the Bicycle and any additional instruction(s) as may be requested by Guest and Guest is aware of all dangers associated with operation the Bicycle, including the dangers of riding in traffic, on streets or other locations and that natural and man-made hazards may exist. Guest agrees to assume all the risks associated with operating Bicycle.
6. Repossessing the Bicycle
Pedego Norfolk 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 Guest made a misrepresentation Pedego Norfolk, or Renter fails to return the Bicycle when due. Pedego Norfolk is not required to notify Renter in advance of repossession.
7. Prohibited Use of the Bicycle
Guest 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 a nuisance to others.
Guest 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 Pedego Norfolk for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
8. Damage to Bicycle
Guest shall pay Pedego Norfolk 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).
Guest is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible.
If the Bicycle is damaged, Guest agrees to pay the reasonable costs of repair and diminution in value (if any). If the Bicycle is damaged beyond reasonable repair (as determined by Pedego Norfolk), renter shall be responsible for the retail fair market value less any salvage value if applicable.
In addition to the above, Guest shall also be responsible for the reasonable down time ("Loss of Use"), reasonable administrative fee as determined by Pedego Norfolk or specified by law, plus any towing, pick-up and/or storage charges.
In the event of theft, Guest shall be responsible for paying Loss of Use at the daily rate for each 24 hours Renter delays in paying the total loss.
Guest is also responsible for any loss if Guest: (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) fails to promptly report an accident to the police and Pedego Norfolk; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for an illegal purpose.
Guest authorizes Pedego Norfolk to collect from a responsible third party any applicable loss and/or damage. In the event Pedego Norfolk obtains a recovery from a third party after Renter has paid Pedego Norfolk for all or part of any loss, Pedego Norfolk will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorneys' fees.
Third Party Claims - Pedego Norfolk is not responsible if Guest causes injury to another person or if Renter damages another Bicycle, vehicle or personal property of another.
Guest agrees to indemnify and defend Pedego Norfolk 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 Guest's use of the Bicycle.
Guest Assumes Risk of Injury. Guest fully assumes all risks, including but not limited to death or serious bodily injury, which may result from the operation of the Bicycle.
Guest 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 suffer sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, and hazards relating to weather conditions. Despite knowing all associated risks, Guest freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and
Guest agrees to hold Pedego Norfolk harmless from all claims of injury or damage.
Guest agrees to pay upon demand: All rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Bicycle rental. Charges for loss and/or damage to the Bicycle in accordance with paragraph 8.
Guest understands that all charges are not final and are subject to audit.
Guest specifically agrees and authorizes Pedego Norfolk to make any charges by the method of payment used by Renter at time of reservation and/or rental, including Renter’s credit card if that form of payment is utilized.
11. Credit Reserve and Payment
Guest 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.
Guest authorizes Pedego Norfolk 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.
12. Property left in Bicycle
Pedego Norfolk is not responsible for any personal property left on the Bicycle, and Renter assumes all risk of loss if Renter leaves any such personal item.
Renter agrees to indemnify Pedego Norfolk in the event some third person leaves any personal items on the Bicycle.
All charges, fees and expenses, including payment for loss or damage to the Bicycle, are due upon Pedego Norfolk demand.
If Guest does not pay all charges when due, Guest agrees to pay a late charge of 1.5% per month on the past due balance. If collection or legal action is necessary,
Guest agrees to pay all Pedego Norfolk 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.
14. Fines and Expenses
Guest 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.
15. General Provisions
Guest represents that the information 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 Pedego Norfolk has the right to terminate this Agreement with or without notice.
Guest agrees that Renter will be responsible for any unauthorized repairs or modifications to the Bicycle.
Guest understands that Pedego Norfolk will not reimburse Guest for any authorized repairs without receipt(s).
Guest understands that in no event shall Guest be deemed to be an agent, servant, or employee of Pedego Norfolk in any manner for any purpose whatsoever.
Guest agrees that Pedego Norfolk does not waive any rights under this agreement except in writing signed by Pedego Norfolk officer. Pedego Norfolk demands that all users wear a helmet and other safety gear and they seek instruction from Pedego Norfolk staff in the safe operation of the rented equipment.
Pedego Norfolk requires Participants under 17 years old to wear a helmet!
Helmets are provided free to all Participants.
HELMETS - Each Participant or his/her guardian must mark his/her choice (YES or NO) in store at time of rental to wear a helmet. Helmets could prevent permanent brain damage in the event of an accident. Participants under 17 years old to wear a helmet.
WAIVER/RELEASE - Each guest understands that bicycling can be hazardous and can result in injury or death. Each person also agrees to hold harmless and indemnify Pedego Norfolk and its employees and agents from any loss or damage including personal injury or property damage related to the use of this equipment.
Each Guest hereby releases Pedego Norfolk its owners, employees and rental agents from any and all liability for damage or injury to any persons, including myself or any property resulting from negligence, installation, maintenance, selection and adjustment and use of this equipment, accepting myself full responsibility for any and all such damage, injury or death which may result.
Pedego Norfolk Rental Agreement
223 E City Hall Ave Suite 101, Norfolk, VA 23510, USA
1 (757) 320-2400
Today's Date: July 4, 2020