WE ARE RENTING A RENTAL BIKE TO YOU. YOU ARE RESPONSIBLE FOR THE RENTAL BIKE FROM THE TIME YOU TAKE POSSESSION OF IT UNTIL IT IS RETURNED IN KEEPING WITH THIS AGREEMENT. YOU AGREE THAT YOU WILL BE THE ONLY PERSON WHO RIDES THE RENTAL BIKE. YOU AGREE THAT THE RENTAL BIKE WILL REMAIN IN YOUR POSSESSION AT ALL TIMES.
IF THE RENTAL BIKE IS LOST OR STOLEN, YOU ARE RESPONSIBLE FOR ITS FULL REPLACEMENT VALUE, MINUS RENTAL FEES AND NOT TO EXCEED THE FULL ORIGINAL MSRP OF THE BIKE AND FOR ANY AND ALL OTHER FEES, CLAIMS, EXPENSE, OR OBLIGATIONS TO PERSONS OR PROPERTY DURING THE TERM OF THIS AGREEMENT. IF DAMAGED, YOU ARE ONLY RESPONSIBLE FOR THE COST OF REPAIRING THE DAMAGE WITHOUT MARK-UP. YOU ARE OBLIGATED TO CONTACT THE RIDE EXPERIENCE IMMEDIATELY IN THE CASE OF ANY RENTAL BIKE LOSS, DAMAGE, MECHANICAL FAILURE, OR ABNORMALITY.
Amount to be charged for lost/stolen bikes:
2020/2021 Radiant Carbon - $6,995.00
Return Policy. You must return the Rental Bike on the agreed upon date/time at the agreed upon location unless you contact THE RIDE EXPERIENCE at least 24 hours in advance and a mutually alternative date/time or location is agreed upon. Remember to return the bike and all the rental equipment in the condition you received it to avoid additional charges. Additional fees may apply for excessive cleaning and/or repairs beyond normal wear and tear.
Late Return Payment Policy. Should Rental Bike be returned late then you will be responsible for additional rental fees plus any additional costs that may be incurred by THE RIDE EXPERIENCE as a result of your late return.
- 30 minute - 1 hour after scheduled return time/date - 1 hour of rental charged to renter's credit card on file.
- 2 hours after scheduled return time/date – 1 day of rental charged to renter’s credit card on file.
- 3 to 23 hours after scheduled return time/date – 2 days of rental charge to renter’s credit card on file.
- 24 hours after scheduled return time/date - THE RIDE EXPERIENCE assumes the bike is lost or stolen and the full retail amount of rented bike will be charged to credit card on file.
Insurance. You are responsible for carrying your own travel, health, and dental insurance to cover personnel medical care in case of accident, loss due to cancellation, and any third party liability that may arise from the use of the Rental Bike by RENTER. No coverage is available from THE RIDE EXPERIENCE to insure you or the Rental Bike from loss in case of damage, theft or other liability incurred in the use of the Rental Bike.
Use of Rental Bike. You are aware that many roads are poorly maintained and may have blind corners and are aware that such hazardous conditions do exist and you agree to operate the Rental Bike safe manner for all road conditions. Furthermore, it is the responsibility of RENTER to operate the Rental Bike in a manner appropriate to any and all prevailing road and weather conditions including but not limited to the following:
- RENTER agrees to wear a helmet while operating the Rental Bike.
- RENTER knows the relevant rules of the road and practices safe cycling.
- RENTER has experience operating a bike(s) similar to the Rental Bike.
- RENTER will operate the bike only during daylight (from sunrise to sunset). Rental Bike is not intended for nighttime riding.
Theft, Loss, Damage, Deposit. You are responsible for any and all damage to the Rental Bike. This includes but is not limited to any form of loss, theft, or damage to the Rental Bike, you, other persons, and property.
A valid credit card is required as security in case of theft and/or damage for each Rental Bike prior to the commencement of the rental period. In case of loss, theft or damage an amount equal to the full retail value of the Rental Bike will be charged to the credit card to replace the bike. If for any reason, the charge is not approved, you remain responsible for payment in full. Otherwise all repair costs, if any, will be charged to the RENTER. If the RENTER has paid by other means then the RENTER will need to provide a credit card charge authorization as security for the duration of the Bicycle Rental.
Release and Waiver of Claims. RENTER does hereby remise, release, and forever discharge THE RIDE EXPERIENCE, THE RIDE EXPERIENCE’s owners, personnel, agents, representatives, successors, and assigns (and all of their heirs, executors, administrators and personal representatives) of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which RENTER ever had, now has, or which RENTER’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Rental Bike; or in any way arising out of the rental relationship between RENTER and THE RIDE EXPERIENCE.
- RENTER hereby waives the provisions of section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- RENTER hereby releases THE RIDE EXPERIENCE and its agents and employees from and against any and all liability arising during the rental period. RENTER acknowledges that they are aware of the risks involved with cycling including but not limited to physical exertion, forces of nature, accidents, travel via any mode of transport, adequacy of medical facilities, or negligence (other than willful or fraudulent) on the part of employees, agents or others of THE RIDE EXPERIENCE.
Terms. RENTER acknowledges and agrees that THE RIDE EXPERIENCE maintains no control over the operation of the Rental Bike by RENTER. Accordingly, THE RIDE EXPERIENCE assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of: a) any wrongful, negligent or accidental acts or omissions on the part of the RENTER or the RENTER’s agents;
- any defect in or failure of any vehicle, equipment or instrumentality owned, operated or otherwise used by the RENTER; or
- any wrongful or negligent acts or omissions on the part of any other party not under the control, direct or otherwise, of THE RIDE EXPERIENCE. RENTER agrees to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake.
RENTER agrees that the terms herein are binding on them, their family members, heirs, successors, assigns, dependents and/or minors accompanying them, and their legal representatives.
RENTER acknowledges and agrees that THE RIDE EXPERIENCE and its agents have the right to refuse participation by any person for any or no reason. Any dispute arising out of these matters whatsoever, shall be resolved in binding arbitration/adjudication in Orange County under the laws of the State of California. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder. This Agreement shall be governed and construed in accordance with the laws of California (excluding the laws applicable to conflicts or choice of law).
Fitness Ride Class and Membership Terms. THE RIDE EXPERIENCE urges all participants or members in our fitness ride class and monthly membership to obtain a physical examination from a doctor before participating in any exercise program. All exercises, including the use of resistance bands, e-bikes, and use of any machinery, equipment and apparatus designed for exercise, shall be at the participant or member’s sole risk. THE RIDE EXPERIENCE shall not be held liable for any claims, demands, injuries, or damage due to participants or members’ actions while the fitness ride class is supervised and while it is unsupervised. Participants or members agree and understand that they must be 18 years of age or accompanied by a parent or guardian whom is a participant or member, and that parent or guardian has signed off and approved participation. Participants or members hereby hold this business, its officers, owners, and agents harmless from all claims which may be brought against them by a member’s behalf for any such injuries or claims. THERE IS A NO-REFUND POLICY ON FITNESS RIDE CLASS AND/OR PREPAID MEMBERSHIPS. WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME FOR ANY REASON WITHOUT REFUND.
Guided Tours Terms. THE RIDE EXPERIENCE urges all participants in our guided tours to obtain a physical examination from a doctor before participating. THE RIDE EXPERIENCE shall not be held liable for any claims, demands, injuries, or damage due to participants’ actions while the guided tour is supervised and while it is unsupervised. Participants agree and understand that they must be 18 years of age or accompanied by a parent or guardian whom is a participant, and that parent or guardian has signed off and approved participation. Participants hereby hold this business, its officers, owners, and agents harmless from all claims which may be brought against them by a member’s behalf for any such injuries or claims. THERE IS A NO-REFUND POLICY ON GUIDED TOURS. WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME FOR ANY REASON WITHOUT REFUND.
Equipment Supplied and Parking Care. Certain Rental Bikes are rented with a water bottle cage. RENTER has option to rent free of charge a helmet and a cable lock. We request that RENTER do not solely use the pedal kickstand that each Rental Bike is equipped with when parking the Rental Bike, but to also securely and safely lean the rental bike against a sturdy structure to keep Rental Bike from falling over and getting damaged. RENTER may supply items such as saddles and water bottles for fitting to the Rental Bike. THE RIDE EXPERIENCE is not responsible for the any loss of or damage to client supplied equipment howsoever occasioned.
Limited Liability. THE RIDE EXPERIENCE’s liability for damages for any cause, regardless of the form of any claim or action, shall not exceed the amount of rental fees paid to THE RIDE EXPERIENCE under this Agreement. THE RIDE EXPERIENCE PROVIDES NO WARRANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Collection Costs and Prevailing Party. If for any reason, THE RIDE EXPERIENCE is required to engage an attorney or collection agency to collect any amounts that are due it under this Agreement, and THE RIDE EXPERIENCE is successful in such action, Renter agrees to reimburse THE RIDE EXPERIENCE for all costs and reasonable attorney’s fees incurred by THE RIDE EXPERIENCE in connection with enforcing its payment rights. The non-prevailing party shall indemnify the prevailing party for all reasonable expenses incurred in prosecuting any dispute, including but not limited to, attorney’s fees.
Return Policy. You must return the Rental Bike on the agreed upon date/time at the agreed upon location unless you contact THE RIDE EXPERIENCE at least 24 hours in advance and a mutually alterative date/time or location is agreed upon. Remember to return the bike and all the rental equipment in the condition you received it to avoid additional charges. Additional fees may apply for excessive cleaning and/or repairs beyond normal wear and tear.
Cancellation Policy. RENTER may cancel their reservation up to 2 weeks in advance for a full refund. Refunds will not be granted within 2 weeks of the rental period. THE RIDE EXPERIENCE reserves the right to cancel rentals with full refund due to weather conditions or acts of God in order to maintain safety, quality of product and service.
YOU RECOGNIZE THAT CYCLING IS AN INHERENTLY DANGEROUS ACTIVITY AND REQUIRES THE RIDER TO BE EXPERIENCED, LAW ABIDING, AND DEFENSIVE. MOMENT BICYCLES STRONGLY RECOMMENDS THAT CYCLISTS RIDE IN A GROUP AND CARRY YOUR INSURANCE CARD AND EMERGENCY CONTACT INFORMATION WITH YOU WHILE RIDING. IF YOU ARE INJURED OR INJURE ANYTHING OR ANYONE DURING THE TERM OF THIS AGREEMENT, YOU ARE FULLY AND SOLELY RESPONSIBLE FOR ALL ASSOCIATED CLAIMS, OBLIGATIONS, AND LIABILITY. THE RIDE EXPERIENCE DOES NOT OFFER OR PROVIDE ANY INSURANCE OR OTHER ASSURANCES, SERVICES, OR PROTECTION.
You (the renter) acknowledge that you understand the terms and potential for additional charges on the credit card on file by reading and signing this waiver and rental agreement.