ORGANIZATION NAME: NYC Adventure Bike Tours LLC DBA NYC Adventure eBike Tours and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”.)
DEFINITION: In this Release Agreement, the term “Biking” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: biking; electric biking; bike rental; electric bike rental; use of speakers, helmets, locks, Gopro, lights, and other rental add-on accessories (hereinafter referred as “Rental Add-Ons”); orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to Biking or the rental of Biking Equipment.
RENTAL AGREEMENT: I accept full responsibility for the bike equipment rented (“the Equipment”) and authorize NYC Adventure Bike Tours LLC to charge my credit card for any damage to the Equipment and replace the Equipment at $2500.00 if not returned by the agreed date.
BIKING SAFETY: I acknowledge that I have been advised to wear an approved helmet at all times while eBiking. I acknowledge that wearing a helmet while using our eBikes is mandatory. I acknowledge that using a mobile phone while riding is forbidden. Individuals under the age of sixteen (18) are prohibited from operating an electric bike. I am aware that Biking is subject to all applicable municipal highway traffic regulations. I am familiar with the proper use of the Equipment, including the brakes and gear shifters.
ASSUMPTION OF RISKS: I am aware that eBiking involves many risks, dangers and hazards including, but not limited to: mechanical failure of the Equipment, loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams and creeks and man-made structures such as bridges, ladders, berms and jumps; changing weather conditions; exposure to temperature extremes or inclement weather; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated, from ones party; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES AND THE MANUFACTURES AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ELECTRIC BIKING AS A RESULT OF MY USE OF THE EQUIPMENT.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH eBIKING AND THE RENTAL OF eBIKING EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the RELEASEES agreeing to rent me eBiking equipment and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Biking or the use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in eBiking or my use of the equipment;
This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of New York State and no other jurisdiction; and
Any litigation involving the parties to this Release Agreement shall be brought solely within the state of New York and shall be within the exclusive jurisdiction of the New York City Circuit Court.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in eBiking or my use of the Equipment, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
NYC Adventure eBike Tours – Payment Authorization Agreement
By submitting my rental reservation and signing this agreement, I confirm to be an authorized Credit Cardholder of the card I use at checkout; and in accordance with my Cardholder Agreement, I agree to the following terms of payment for the rental of eBiking Equipment:
SECURITY DEPOSIT: Upon submission of my Rental Reservation, I, the cardholder, hereby authorizes NYC Adventure eBike Tours to charge a $500.00 Security Deposit per eBike Rental to my credit card. I understand that this deposit is refundable assuming no damages have taken place on our eBike or no fees have been accessed.
RENTAL COMMENCEMENT: I authorize.
CANCELLATION FEE: If I choose to cancel my reservation less then 24 hours hours from the start of my rental period, I authorize NYC Adventure eBike tours to charge my credit-card with a Cancellation Fee of fifty-percent (50%) my total Rental Fee.
DAMAGE FEE: If I return Rental Equipment with damage, I authorize NYC Adventure eBike Tours to charge my credit-card a Damage Fee. I understand this fee will be calculated by the amount of damage to the Equipment plus labor. I authorize NYC Adventure eBike Tours to charge my credit-card a Damage Fee up to the full value of the Rental Equipment ($2500) for any Rental Equipment on my Rental Reservation that I return with damage.
EQUIPMENT NON-RETURN FEE: I understand that all Rental Equipment must be checked-in at the end of my Rental Period. I may not keep the eBike over night. If I choose not to return any Rental Equipment, I authorize NYC Adventure eBike Tours to charge my credit-card $2500 of the non-returned Equipment, in addition to paying any of the fees that I might have accrued according to the information above.
1. eBike may NEVER be unattended or locked up. If stolen a $2500 will be charged to your credit card.
2. eBike must be retuned when rental period is over or additional charges will be applied.
3. You are responsible for any damages to the eBike including a flat tire. (Flat tire fee, $50)
4. Helmets must always be worn while operating our eBikes. Standard helmets are provided with every rental
5. Only the person who name is listed on the agreement may operate the eBike
6. You must be 21 years of age to rent our eBikes (18+ years, if with parent/guardian)
7. Bike must be returned to our store location or a fee will apply
8. If bike is not returned for any reason, a charge of $2500 will be applied to your credit card.
9. In heavy rain situations, please seek shelter as these are electric bikes. You are responsible!
10. A credit card deposit of $500 to be collected per eBike. A different credit card must be used per eBike.
11. No cash accepted, a government issued ID and credit card must be used for rental.
12. A orientation video must be viewed before using our eBikes.
13. Your transaction will be video taped and uploaded to our cloud.
14. Children must be 10 years of age and ride with a legal guardian on our shared eBikes.
15. All NYC vehicles laws must be followed while using our eBikes. Never text or take photos while eBiking!
16. If bike stops functioning, fold bike and transport back to store via Taxi. If we have to retrieve the bike, a $150 fee will apply if in Manhattan / $250, if not in Manhattan.
17. If eBike comes back excessively dirty, a $30 cleaning fee will be applied.
18. Reservations canceled via our booking system must be made within 24 hours of rental or a 50% administration fee will be levied.
19. We don’t offer refunds if it rains during your rental period. If raining ”before” your rental start time, you have the option for a full refund or store credit.
20. All renters MUST KNOW HOW TO OPERATE A TRADITIONAL BICYCLE before renting our eBikes. X_____
21. GPS device on eBike may NOT be removed
22. It’s forbidden to operate our eBikes under the influence of alcohol or drugs.
23. Our “standard” eBikes are for “ONE” rider.
24. It is strictly forbidden to use our eBikes for deliveries, racing or competitions of any nature.
25. You must have a working phone while riding our eBikes. A phone call verification will happen before the rental takes place. If no phone available, we will require a $1000 per eBike deposit.
26. NYC Adventure eBike Tours LLC is not responsible for personal property left on, lost or stolen while operating our eBikes . Renter agrees to indemnify NYC Adventure eBike Tours LLC in this regard.
27. I understand that eBiking requires certain physical strength and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties
28. I am in sound physical and mental condition and am able to ride an e-Bicycle. I can make informed, objective decisions. I currently have no known physical, medical or mental condition which would impair my ability to ride a Bicycle, or else I understand I assume all risks that may be created, directly or indirectly, by any such condition.
29. I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability I may cause or suffer while riding the eBike or else I understand I must solely bear the costs of such injury or damage and all related costs.
30. I am aware that there is staff at NYC Adventure eBike Tours available to answer any questions that I may have as to the proper use of the eBike.
31. I am aware and understand the eBikes will go a maximum of 20 miles in distance, if used via throttle only* 32. I am aware and understand the eBikes will go a maximum of 35 miles if used in “pass 1” with pedaling*, If “eBike rider” runs out of battery power, “eBike rider” is responsible for getting the bike back to the shop on time or additional rental hours/fees will be added.
(*Range of eBike depends on weight of rider, slope of terrain , wind)
33. NYC Adventure eBike Tours LLC is expressly authorized by the client to charge on his/her credit card after the eBike has been returned for up to $2500 if bike is not in satisfactory condition.
34. If the bicycle is involved in an accident the client, user of the eBike, is directly and expressly held responsible for any personal or material damages to himself and/or to any third party. NYC Adventure eBike Tours LLC is completely exempt from any liabilities, which may arise from an accident where the rented bicycle is involved. In case NYC Adventure eBike Tours has to answer for the mentioned damages to third parties, NYC Adventure eBike Tours LLC will charge the same amount to the client who will also pay for costs and court fees if the rented eBikes have been involved in an accident and NYC Adventure eBike Tours LLC must attend to trial in court either civil or penal trial.