NYC Adventure Bike Tours LLCd/b/a NYC Adventure eBike ToursLiability Waiver, Rental Agreement & Payment AuthorizationThis Agreement is entered into between NYC Adventure Bike Tours LLC d/b/a NYC Adventure eBike Tours, including its owners, officers, employees, guides, contractors, agents, representatives, sponsors, and affiliates (collectively referred to as “NYC Adventure eBike Tours” or “Releasees”) and the undersigned participant (“Participant”). By signing this Agreement, Participant agrees to the following terms: 1. ACTIVITY DESCRIPTIONThe term “Biking Activities” includes all services provided by NYC Adventure eBike Tours including but not limited to: • Electric bicycle rentals
• Guided or self-guided tours
• Orientation and safety instruction
• Use of helmets, locks, speakers, cameras, lights, and other accessories
• Transportation or logistical services related to the activity 2. ASSUMPTION OF RISKParticipant understands that riding an electric bicycle involves inherent risks, dangers, and hazards including but not limited to: • Loss of balance or control
• Mechanical failure of equipment
• Collisions with vehicles, cyclists, or pedestrians
• Uneven road surfaces, traffic, obstacles, or weather conditions
• Rider error or negligence of other riders
• Unexpected mechanical or electrical malfunction Participant understands that these risks may result in serious injury, death, or property damage. Participant voluntarily assumes all risks, known or unknown, associated with participating in Biking Activities and using the equipment. 3. PARTICIPANT RESPONSIBILITIESParticipant agrees: • To wear a helmet at all times while operating an eBike
• To obey all New York City and New York State traffic laws
• Not to use a mobile phone while riding
• Not to operate the eBike under the influence of alcohol or drugs
• To operate the equipment safely and responsibly Participant confirms that they know how to ride a traditional bicycle and are physically capable of safely operating an electric bicycle. Participant must be 21 years of age to rent an eBike (18+ permitted with a parent or guardian present). 4. EQUIPMENT RESPONSIBILITYParticipant accepts full responsibility for all rented equipment (“Equipment”). Participant authorizes NYC Adventure eBike Tours to charge their credit card for: • Damage to the Equipment
• Loss or theft of the Equipment
• Failure to return the Equipment The replacement value of each eBike is $2,500, and Participant agrees to pay up to this amount if the Equipment is lost, stolen, or returned in unsatisfactory condition. Participant understands that eBikes may never be left unattended or locked outside. 5. SECURITY DEPOSITParticipant authorizes NYC Adventure eBike Tours to place a pre authorization of $500 security deposit per eBike on their credit card. The deposit will be released if the equipment is returned on time and without damage. 6. DAMAGE & ADDITIONAL FEESParticipant authorizes NYC Adventure eBike Tours to charge their credit card for the following if applicable: • Damage repair costs
• Replacement of lost or stolen equipment (up to $2,000)
• Flat tire repair fee – $50
• Excessive cleaning fee – $30
• Equipment retrieval fee – $150 within Manhattan / $250 outside Manhattan 7. CANCELLATION POLICYReservations canceled within 24 hours of the rental start time will incur a 100% cancellation fee. Rain during the rental period does not qualify for a refund.
If rain occurs before the rental start time, Participant may request a refund or a future credit. 8. RELEASE OF LIABILITYTo the fullest extent permitted by law, Participant releases and discharges NYC Adventure eBike Tours and the Releasees from any and all liability, claims, demands, or causes of action arising from: • Participation in Biking Activities
• Use of the Equipment
• Negligence of the Releasees
• Equipment malfunction or failure This release includes claims for personal injury, death, property damage, or economic loss. 9. INDEMNIFICATIONParticipant agrees to defend, indemnify, and hold harmless NYC Adventure eBike Tours from any claims, damages, losses, or legal expenses arising from: • Participant’s use of the equipment
• Participant’s violation of traffic laws
• Injury or damage caused to third parties 10. MEDICAL & PHYSICAL CONDITIONParticipant confirms that they: • Are physically and mentally capable of safely operating an eBike
• Have no medical condition that would impair their ability to ride
• Understand that eBiking requires balance, coordination, and physical exertion Participant understands they are responsible for their own medical or travel insurance coverage. 11. PERSONAL PROPERTYNYC Adventure eBike Tours is not responsible for lost, stolen, or damaged personal property during the rental or tour. 12. PHOTO / VIDEO RECORDINGParticipant acknowledges that rental transactions and safety briefings may be video recorded and stored for security and liability purposes. 13. GOVERNING LAWThis Agreement shall be governed by the laws of the State of New York. Any dispute arising from this Agreement shall be resolved exclusively in courts located in New York City, New York. 14. ACKNOWLEDGEMENTParticipant confirms that: • They have read this Agreement carefully
• They fully understand its contents
• They understand that they are waiving certain legal rights
• They voluntarily agree to all terms |