RENTAL AGREEMENT AND RELEASE FROM LIABILITY
728 Seawall Blvd. Suite B Galveston, TX 77550
1. Voluntary Participation:
I, hereby request to ride a Pedego electric bicycle from Pedego, Inc.
2. Assumption of Risk:
I am aware that the activity will carry with it inherent risks that cannot be eliminated regardless of the level of care and precaution taken. Such risks will require my extra care and attention to detect and avoid. The risks of said activity will include but are not limited to, bruising, scrapes, scratches, sprains, broken bones and other injuries of possibly greater severity such as paralysis or death. I hereby accept and assume all such risks, and do so for any minors under my care, as indicated by my signature below.
3. Conduct of Rider
I agree to ride the bicycle in compliance with all traffic laws, and will exercise care to insure the safe operation of the bicycle. I agree not to perform stunts, or to attempt any “trick” riding during the test drive.
Pedego Galveston requires that a suitable bicycle helmet be worn at all times when riding an electric bicycle.
Texas bicycle laws should be followed at all times and can be found at: https://www.biketexas.org/historic-bicycle-tourism-trails/texas-bicycle-laws/
In consideration for being permitted by Pedego, Inc. to rent and ride a Pedego electric bike, I hereby release Pedego, Inc. from all actions, claims or demands which I may now or hereafter have, and I agree that I, my assignees, heirs, personal representatives and other agents will not make a claim against, or sue, or attach the property of Pedego, Inc. on account of injury or other damage resulting during the ride or from the negligence or other acts (excluding gross negligence and intentional acts), however caused, of their employees, contractors, or other agents.
HELMET: Pedego Galveston strongly recommends that you wear a helmet. We provide a helmet free of charge with each rental. Helmets could prevent brain damage in the event of an accident.
These Terms and Conditions form a Rental Agreement (herein "Agreement"), which consists of this Rental 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 renter as identified in this Agreement (herein "Renter") and Pedego Galveston, (herein “Pedego Galveston") and covers the rental of the bicycle equipment ("Bicycle") for the purpose of Rental Agreement.
The word "Bicycle" means the two-wheeled electric bicycle provided to Renter by Pedego Galveston 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 Renter.
Renter is prohibited from carrying any passengers on the Bicycle at any time.
Renter 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.
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
No one other than the renter is allowed to ride Bicycle at any time..
3. Bicycle Return
Renter agrees to return the Bicycle to Pedego Galveston 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 Pedego Galveston at time of rental.
Renter agrees to return the Bicycle sooner if so demanded by Pedego Galveston. 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. Rental Charges
From the time the Renter leaves with the Bicycle until the Bicycle is returned, Renter agrees to pay the minute, hourly, and daily rates as indicated on the rental receipt.
The minimum charge is two hours (120 minutes).
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, sand, saltwater, or soilage attributable to Renter's use.
5. Start of Rental
The rental commences after the Pedego Galveston representative has informed the Renter of the proper and safe operation of the Bicycle and any additional instruction(s) as may be requested by Renter and Renter 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.
Renter agrees to assume all the risks associated with operating Bicycle.
6. Repossessing the Bicycle
Pedego Galveston may repossess the Bicycle at anytime 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 of Pedego Galveston, or
Renter fails to return the Bicycle when due. Pedego Galveston is not required to notify Renter in advance of repossession.
7. 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, sand, 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.
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 Pedego Galveston 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
Renter shall pay Pedego Galveston for all losses and/or damage to the Bicycle, regardless of fault (e.g. Renter agrees to pay for the loss even if someone else caused the damage or is at fault). Renter 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, Renter 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 Galveston), renter shall be responsible for the retail fair market value less any salvage value if applicable.
In addition to the above, Renter shall also be responsible for the reasonable down time ("Loss of Use"), reasonable administrative fee as determined by Pedego Galveston 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) 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 Galveston; (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 Pedego Galveston to collect from a responsible third party any applicable loss and/or damage. In the event Pedego Galveston obtains a recovery from a third party after Renter has paid Pedego Galveston for all or part of any loss, Pedego Galveston 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 Galveston 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 Pedego Galveston 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.
Renter Assumes Risk of Injury. Renter fully assumes all risks, including but not limited to death or serious bodily injury, which may result front he operation of the Bicycle. 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 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, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold Pedego Galveston harmless from all claims of injury or damage.
Renter 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.
Renter understands that all charges are not final and are subject to audit. Renter specifically agrees and authorizes Pedego Galveston 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
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 Pedego Galveston 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 Galveston 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 Galveston 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 Galveston’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 Pedego Galveston 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
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.
15. General Provisions
Renter 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 Galveston 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 Pedego Galveston will not reimburse Renters for any authorized repairs without receipt(s).
Renter understands that in no event shall Renter be deemed to be an agent, servant, or employee of Pedego Galveston in any manner for any purpose whatsoever.
Renter agrees that Pedego Galveston does not waive any rights under this agreement except in writing signed by a Pedego Galveston officer.
Pedego Galveston demands that all users wear a helmet and other safety gear and they seek instruction from Pedego Galveston staff in the safe operation of the rented equipment. Pedego Galveston requires Participants under 16 years old to wear a helmet! Helmets are provided free to all Participants.
All Participants are required to follow Texas Bicycle Laws at all times.
HELMETS - Each Participant or his/her guardian must mark his/her choice below: YES: I will wear a safety helmet and/or other safety
equipment. NO: I refuse to wear any type of safety helmet or other safety equipment, and accept full responsibility for this decision. Helmets could prevent permanent brain damage in the event of an accident.
WAIVER/RELEASE - Each person understands that bicycling can be hazardous and can result in serious injury or death. Each person also agrees to hold harmless and indemnify Pedego Galveston and its employees and agents from any loss or damage including personal injury or property damage related to the use of this equipment. Each person hereby releases Pedego Galveston, 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.
All information in this Rental Agreement is correct and I agree to all the terms and conditions set forth in this agreement.
I hereby confirm that I have been given the opportunity to carefully read this agreement and release, and have done so and understand it, or I have voluntarily elected to not read it. I am aware this is a release of liability, and hereby sign it of my own free will.
Today's Date: November 29, 2021