For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Renter hereby expressly agrees to indemnify and hold harmless Rebound Inc., its agents, servants, successors, heirs, executors, administrators and personal representatives (collectively, the "Company") against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the item or items provided by the Company described on page 1 of this Agreement (hereinafter referred to, whether singular or plural, as the "Rental Item")
2 Assumption of Risk
Renter acknowledges that the activities for which the Rental Item is designed include inherent dangers, including the risk of bodily injury and/or death. Renter assumes and accepts all risks associated with the use of the Rental Item. It is a condition of this Rental Agreement that Renter read, sign and agree to the Release from Liability and Waiver of all Claims on page 3 of this Agreement.
3. Acceptable Use
Renter agrees and acknowledges that he/she will be the sole operator of the Rental Item, and will use the Rental Item in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by Company, and any applicable laws or regulations.
4. Unsafe Use
If at any time, Company determines that Renter has engaged in an unsafe or hazardous use of the Rental Item, Company may immediately terminate the rental. Upon notification of termination, Renter must immediately return the Rental Item to the Company's place of business at 902 8th Street, Canmore Alberta ("Rebound Cycle"), or such other location as the Company may direct. The Company may determine, in its sole discretion, whether any particular behaviour or activity is “unsafe or hazardous.”
5. Condition of Rental Item upon Return
The Renter shall return the Rental Item to Rebound Cycle, or such other location as the Company may direct, clean and in the same condition as it was in when given to Renter. Renter shall be responsible for any damage caused to the Rental Item during the rental period. Company shall charge renter labour and parts as necessary to cover repairs for such damages. To the extent that damages to the Rental Item exceed the amount of the new value of the Rental Item, Renter shall be billed by Company for the full amount of a replacement Rental Item, including reasonable lawyer’s fees.
6. Late Return
The Renter must return the Rental Item and all other accessories to Rebound Cycle or such other location as the Company may direct, before the time shown on page 1 as the "Return Time". If Renter returns the Rental Item later than scheduled Return Time, Renter shall pay for an additional day for each Rental Item rented, at the same rental rate agreed to for such Rental Item (the "Late Charge"). Late Charges will continue to accrue for each day or partial day that the Renter fails to return any Rental Item.
7. Failure to Return
Renter is responsible for the Rental Item. If the Renter fails to return any Rental Item within three (3) days of the Return Time due to theft or for any other reason, Renter shall be obligated to immediately pay to the Company the full retail price normally charged by the Company for the same or similar item, plus an administrative fee for delivery charges, shop time and expenses, and any applicable taxes. If the non-returned Rental Item is not an item offered for sale by the Company, the Company may determine the industry standard retail price for such Rental Item, and the Renter shall immediately pay that price, plus delivery charges, shop time and expenses, any applicable taxes to the Company. The Renter shall be responsible for any Late Charge otherwise owing, notwithstanding any payments made pursuant to this Article 6.
Renter agrees to take all reasonable steps to prevent the transmission of COVID-19, including strict adherence to any guidelines posted by Rebound from time to time, whether at the Rebound Cycle or circulated by email, posted online, or delivered by other means. Such guidelines are subject to change from time to time as the Province of Alberta updates its guidelines relating to COVID-19. Renter shall advise Rebound if Renter has, in the fourteen-day period preceding any scheduled activity with Rebound: travelled internationally, experienced symptoms consistent with COVID-19, or been in close contact with a person with a confirmed or probable positive case of COVID-19. If Rebound is advised of any such event, or if Rebound has reasons to believe Renter is experiencing a fever or other symptoms consistent with COVID-19, Rebound may in its sole discretion cancel any planned activities.
By initialing below, I acknowledge that I have read, understood and agree to the foregoing Terms and Conditions. Children under the age of eighteen must have this document initialed by a parent or guardian.
RELEASE FROM LIABILITY AND WAIVER OF ALL CLAIMS
By signing below, you waive or give up the right to sue or claim compensation following an accident
In consideration of Rebound Inc., its employees, afâliates, agents or representatives, (“Rebound”), accepting my application and my being permitted to rent certain sporting equipment, whether a bicycle(s), snowshoes or a stand- up paddle board(s), or any other related accessories or equipment (the "Rental Equipment") for use in a manner and at a location chosen by me, whether for road biking, mountain biking, stand-up paddle boarding, swimming, snowshoeing, or for any other purpose (the “Activities"), I agree to this release of claims, waiver of liability and assumption of risks (collectively this "Agreement").
I waive any and all claims I may have against, and release from all liability and agree not to sue Rebound for any illness (including any COVID-19 related illness), personal injury, death, property damage or loss sustained by me, including, without limitation, any actual or possible suffering by me from COVID-19 related illness, mandatory quarantine or self-isolation requirements or other restrictions whether self-imposed or imposed by governmental authorities, and any losses arising therefrom as a result of my attendance at the business premises of Rebound at 902 8th Street, Canmore Alberta (the “Premises") or my use of the Rental Equipment due to any cause whatsoever including, without limitation: negligence, including failure by Rebound to use such care as a reasonably prudent and careful rental equipment provider would use under similar circumstances, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under any applicable Occupier’s Liability legislation on the part of Rebound, and further including any failure on the part of Rebound to take reasonable steps to safeguard or protect me from or otherwise inform me of the risks, dangers and hazards of participating in any of the Activities.
I am aware that participating in the Activities presents dangers and risks, including, but not limited to:
Motor Traffic: including negligence of drivers;
Natural Hazards: including water, avalanche, tree-well or other natural hazards regularly encountered when
engaging in the Activities; and
Other Participants: conduct of other cyclists.
I willingly accept all the risks of participating in the Activities, including without limitation the risks described above and the possibility of personal injury, death, property loss or loss resulting therefrom. acknowledge that injury resulting from these or other risks may be exacerbated by my failure to use a properly fitting helmet. further acknowledge that Rebound strongly recommends the use of a helmet for any cycling activity. I acknowledge and accept that by attending the Premises or by using the Rental Equipment, I assume the risk of exposure to COVID- 19 and other public health risks. I further acknowledge and accept that this risk may be elevated if I travel to the Premises by way of public transportation or taxi service.
In entering into this Agreement I am not relying on any oral or written representations or statements made by Rebound. I specifically acknowledge that Rebound makes no guarantees regarding the fitness for use of the Rental Equipment for any particular activity.
I confirm that I am of the Age of Majority (full age of eighteen years) and that I have read and understood this Agreement. I agree that this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death, and that this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Alberta, and that any litigation involving the parties to this Agreement shall be brought within the Province of Alberta.
September 30, 2020