Terms and Conditions
These Terms and Conditions form a Rental Agreement (“Agreement”) between Electric Coast LC (herein “Electric Coast”) and the below signed customer (“You”). By signing this Agreement, You agree to the following Terms and Conditions. The term “Rented Equipment” means the two-wheeled electric bicycle and accompanying accessories provided to You by Electric Coast and includes the frame, two tires, seat, electric power, battery, braking system, lights, miscellaneous equipment, passenger seats, bike racks, accessory bags, baskets and other containers, locks, and helmets.
You must be age 18 or older to rent and/or operate equipment from Electric Coast. Parent(s) and/or Guardian(s) of children must agree to these terms on behalf of any potential child passengers using any Rented Equipment.
RESERVATION: You agree that any reservation requests must be made more than 24 hours from the intended rental start time. Exceptions to this requirement must be requested and approved of directly by Electric Coast and may be rejected. If a reservation cannot be fulfilled in part or as a whole, You will be notified by Electric Coast and offered reasonable alternatives, which may include different equipment from what was reserved, a full or partial refund of deposit and/or cancellation of the reservation. Reservations are only valid for the geographic areas of St. Simons Island and Sea Island, GA, and will not be approved for any other locations.
USAGE: You agree to use any and all Rented Equipment consistent with its intended use. You agree that You will not carry any passengers using Rented Equipment from Electric Coast that is not specifically designed to carry passengers, including children, and in the manner the Rented Equipment is designed. You also agree that no person may drive, pedal, or otherwise operate any Rented Equipment except those listed on the reservation who are 18 years of age or older. You agree that any and all Rented Equipment from Electric Coast at any time MAY NOT be removed or transported in any manner from the geographic boundaries of St. Simons Island and Sea Island, GA, and MAY NOT be loaded or transported within these boundaries using any automobile or other vehicle, including but not limited to, trucks, cars, golf carts, bicycles, heavy machinery, boats and other marine equipment, large birds, camel caravans, sherpas, etc.
SAFETY: By signing this Agreement, You confirm that You understand and will obey all local, state, and national laws, rights of way, traffic regulations and other rules regarding the safe operation of any Rented Equipment from Electric Coast. You understand and assume all risk of personal injury and/or property damage that may occur when using Rented Equipment from Electric Coast.
PAYMENT: You understand any amounts paid at the time of reservation are not final and may eventually include rental fees, additional service charges, replacement fees for damaged or lost equipment plus applicable taxes, fees, or other surcharges. You agree to authorize Electric Coast to make any charges by the method of payment used at the time of reservation and/or rental, including credit card(s). Electric Coast requires a credit card(s) on file for all reservations/rentals. Any amounts paid at the time of reservation will apply towards final charges. Final charges will be assessed and due after the conclusion of the rental period and may include additional fees or charges, if applicable, for loss, damage or penalties outlined elsewhere in this Agreement. You authorize Electric Coast to process final charges using the same payment method as the reservation and/or the credit card(s) provided on file.
DELIVERY, PICKUP, AND RETURNS: Electric Coast provides delivery and pickup service at no extra charge for all rentals of 24 hours or greater. These services are currently limited to St. Simons Island and Sea Island, GA, and cover reasonable gas, transportation, licensing and permit costs. Any changes to delivery, pickup, or return times or dates on an established reservation must be received and specifically approved by Electric Coast. You agree to return all Rented Equipment in the same condition it was received, except for ordinary wear and tear (which does NOT include flat tires). You also agree to return all Rented Equipment on the due date, time and location established on the reservation, and that failure to do so may result in additional fees and charges.
LOSS AND DAMAGE: You agree to pay Electric Coast for all charges related to loss and/or damage to Rented Equipment, regardless of fault (e.g. You agree to pay for the loss/damage even though someone else caused the loss/damage or is at fault). These charges may include, but are not limited to, excessive cleaning fee, saltwater damage repair, flat tire replacement or repair, cosmetic damage repair, etc. You agree to be responsible for all theft or vandalism losses, even if the theft or vandalism were caused by others and not caused by You. If any Rented Equipment is damaged, You agree to pay the reasonable costs of repair, any diminution in value, or, if applicable, the cost of replacement. If any equipment is damaged beyond reasonable repair, as determined by Electric Coast, You shall be responsible for the retail fair market value less salvage value, if any, which may be applicable.
PERSONAL PROPERTY: Electric Coast is not responsible for any personal property left in or on the Rented Equipment. You assume all risk of loss if You leave any such personal item. You also agree to defend, indemnify and hold Electric Coast harmless from Claims, if any, made by any third person allegedly arising from personal property items left in or on the Rented Equipment.
CANCELLATIONS: You agree that any cancellation of a reservation required by You must be performed more than 24 hours before the rental start time for a full refund. Any cancellation requests less than 24 hours from the rental start time will be refunded at 75% of any paid amounts. If You fail to be available for the scheduled delivery or pick up time on a reservation without prior notice, You will not be eligible for any refund of paid amounts. Electric Coast reserves the right to cancel any reservation at any time for any reason. If at any time a reservation is cancelled by Electric Coast due to the needs of Electric Coast, or due to unforeseen or uncontrollable events (e.g. adverse weather conditions, natural disaster, loss of equipment, etc.), You will be issued a full refund of deposited amounts and notified of the cancellation.
GENERAL PROVISIONS: You agree that the information provided by You and contained in this Agreement is true, accurate, and complete. In the event any information is not true, accurate or complete in any respect, You agree that Electric Coast has the right to terminate this Agreement with or without notice. You agree that You will be responsible for any unauthorized repairs or modifications to any Rented Equipment. You understand that Electric Coast will not provide reimbursement for any repairs. You understand that in no event shall You be deemed to be an agent, servant, or employee of Electric Coast in any manner for any purpose whatsoever.
You acknowledge that Electric Bikes (e-bikes) can weigh between 40-90 lbs, depending on model and attached accessories, and that You have the physical ability to properly and safely handle rented equipment of this nature.
ELECTRIC COAST STRONGLY ENCOURAGES THE USE OF PROVIDED HELMETS AND BIKE LOCKS AT ALL TIMES WHILE USING RENTED EQUIPMENT. You acknowledge that You are ultimately responsible for your own safety decisions and agree to take full responsibility for the potential consequences of those decisions.
Accessories such as locks, keys, helmets, racks, bags, baskets, or other containers that are lost or damaged beyond repair will be charged a replacement fee of the current retail value of the item.
Assumption of Risk, Waiver and Release, No Warranty, Indemnification
In consideration for using our Services/Products, you, or the person or entity on behalf of whom you entered into these terms, or your legal guardian, or any other person operating the rented electric bicycle during the rental period (collectively, “You”) agree to the following:
ASSUMPTION OF RISK. You acknowledge that (a) there are risks associated with electric bicycles and accompanying accessories (the “Products”), and the use and rental of electric bicycles and accompanying accessories (the “Services”), (b) the Products will be used by other people both before and after your use of such Products, (c) the Products can become damaged or may be in disrepair due to regular use, wear and tear, negligence of Electric Coast LC or other users through vandalism, or other causes, and Electric Coast LC is often not notified of such damage or disrepair right away; (d) although Electric Coast LC endeavors to keep the Products in good repair, Products that You use may be damaged or in need of repair of which Electric Coast LC is not aware; (e) your use of the Products may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH; these risks and dangers may be caused by the negligence or omission of Electric Coast LC, the negligence of others, including other pedestrians or motorists, or may arise from the repair, maintenance or operation of the Products, weather conditions at the time of use, roadway conditions, or other causes, including from any other additional foreseeable or unforeseeable causes. You understand that You should be in good physical health to participate in electric bicycling, and You confirm that You have no significant health issues that prevent You from participating in bicycling. You declare that You have no medical conditions, nor been diagnosed with a condition that prevents You from bicycling. In spite of the aforementioned risks and acknowledgements, by entering into the Rental Agreement and using our Products/Services, You, on behalf of yourself, your personal representatives and your heirs, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY ACCIDENT, LOSSES, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING THE SERVICES/PRODUCTS, including those caused solely or in part by the negligence or omission of Electric Coast LC and/or the Released Parties.
WAIVER AND RELEASE OF LIABILITY AND/OR CLAIMS. “Released Parties” are defined as: (i) Electric Coast LC and its affiliates and subsidiaries and its and their respective owners, managers, officers, employees, directors, agents, representatives, successors, and assigns, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to rent You the bicycle, and (iii) owners and ground lessees of the property (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate our business on its premises. You specifically release and forever discharge the Released Parties from any and all liability or claims for injury, illness, death, or loss of or damage to property which You may suffer while using the Products/Services. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death, or damage caused by the negligence of Electric Coast LC or its affiliates, officers, agents, or employees. You hereby forever release the Released Parties and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Electric Coast LC or whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this document, You fully recognize that if injury, illness, death or damage occurs to You, You will have no right to make a claim or file a lawsuit against the Released Parties, even if they or any of them negligently caused the injury, illness, death, or damage. THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
NO WARRANTY. THE RELEASED PARTIES HEREBY EXPRESSLY EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
INDEMNIFICATION. It is your responsibility to use our Services and Products safely. You are responsible for any harm You cause to people, animals, and/or any property. To the fullest extent permitted by law, You, your heirs, or successors AGREE TO DEFEND AND INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES from any and all claims, actions, damages, penalties, fines, demands, losses, liabilities, costs and expenses, injuries, or payments for injury to any person or property caused or claimed to be caused by the active or passive negligence of any Released Parties, arising out of or in connection with (i) your use of the Services and/or Products, (ii) your breach or violation of any of the Rental Agreement terms or any applicable law, or (iii) your violation of the rights of any third party. The Released Parties reserve the right to assume the exclusive defense of any claims or lawsuits, and You agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent. You agree that the obligations in this section will survive any termination of these terms or your Rental Agreement.
THIS IS A LEGAL RELEASE OF YOUR RIGHTS, INCLUDING: ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AGAINST ELECTRIC COAST LC AND RELEASED PARTIES, AND INDEMNIFICATION. The RELEASED PARTIES may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases.
YOU ARE FREE TO DECLINE OUR SERVICES/PRODUCTS IF YOU DO NOT WANT TO AGREE TO THE TERMS AS SET FORTH HEREIN.