WARNING: There are significant elements of risk in any adventure, sport or activity associated with pedal driven cycles. electric assist cycles or throttle activated electric bicycles including but not limited to: bicycles (referred to herein as “activity”) and the use of any equipment. It is up to you to master the basics - moving, maneuvering, shifting gears, braking and turning-before beginning your activity, to obey all traffic laws and/or regulations and to yield to pedestrians. Otherwise you pose a danger to yourself and to others.
ACKNOWLEDGEMENT OF RISKS: I understand that there are inherent risks in this type of activity. These risks may result in serious injury or death, and include but are not limited to the following: 1) Falls; 2) Collisions with pedestrians, cycles, cycle riders, vehicles, manmade and natural objects; 3) Hazards of trails, routes or roadways including even or unstable surfaces, steep grades, sharp turn, and or; 4) the presence of water, sand, gravel, mud, oil and debris which may inhibit my ability to maneuver or stop; 5) Cold weather and heat related injuries or illnesses including hypothermia, frosting, frostbite, heat exhaustion, heat stroke and dehydration; 6) Inclement weather, fog banks which can reduce visibility to near zero, varied or severe wind, weather or physical coordination, ability to balance or control a bicycle, the speed at which I travel and my ability to follow directions; 9) Equipment failure including tire puncture and problems in shifting and or braking; 10) Loss of or damage to personal property; 11) Fatigue, chill and or dizziness, which may diminish my reaction time and increase the risk of an accident; 12) Accidents or illnesses occurring in remote places where there are no available medical facilities. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death. I understand the use of alcohol or drugs may impair my abilities.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I agree to assume responsibility for those risks identified herein and those not specifically identified. I certify that I am physically and mentally capable of participating in this activity. My participation in this activity is purely voluntary. No one is forcing me to participate. I elect to participate in spite of the risks. Therefore, I assume full responsibility for myself and/or any other minor children for whom I am responsible for. I understand that unknown circumstances may occur, such as bodily injury, accidents, illness, death, loss of personal property, and any other related instances. Head injuries pose a serious risk to bikes. I understand the benefit of wearing approved helmet and body gear while cycling.
COVENANT OF GOOD FAITH: I recognize that you, as provider of these services, will operate under a covenant of good faith and fair dealings, and that you may find it necessary to terminate an activity due to forces of nature, medical necessities or problems in the group, and or refuse or terminate, the participation of any person you judge to be incapable of meeting the rigors or requirements in this activity. I accept your right to take such actions for the safety of myself and or other participants. I acknowledge that no guarantees have been made with respect to cycling objectives.
AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or in its absence agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I agree that any film or photographs of me, as the participant, become your property and may be used for promotional or commercial purposes.
RELEASE: In consideration of services of property provided, I, for myself and any minor children for which I am parent, legal guardian or otherwise responsible, any heirs, personal representative or assigns, do hereby release Salt Lake eBikes LLC, its principals, directors, officers, agents, employees and volunteers, and each and every land owner, the City of Salt Lake, municipal and/or governmental agencies upon whose property an activity is conducted, from all liability and waive any claim for damage arising from any cause whatsoever (except that which is the result of gross negligence).
SECURITY DEPOSIT: To cover the value of the bicycle rental, Salt Lake eBikes LLC will place a temporary hold on your credit card for the value of the bicycle that is being rented. When the bicycle is returned, we will remove the hold. Please note, we are not taking the amount of the bicycle from your account; this is just an authorization to take the funds if the bicycle is not returned in the original, undamaged condition. If the bicycle is damaged upon return, we reserve the right to charge the customer the cost to repair the bicycle or replace the bicycle. All renters are responsible for returning a bicycle and or equipment in clean and original condition. If any excessive sand, dirt, or mud is built up on any bicycle or equipment an additional $40 will be charged per bicycle(s) and $10 per equipment.
RENTAL PICK-UP AGREEMENT: During high volume days, the rental customer will have 1/2 hour from your reservation time to claim your rental. If you do not pick-up your rental within 1/2 hour of your reservation time, Salt Lake eBikes LLC reserves the right to rent the bicycle to another customer.
HELMET WAIVER & BICYCLE/EQUIPMENT AGREEMENT: I recognize the dangers inherent with cycling (bicycles, tandem bikes, electric bikes, ect.) activities. I wish to participate in cycling activities. I realize that I am subject to injury from this activity and that no form of planning can remove all the danger to which I am exposing myself. I have been offered a protective safety helmet, which can help prevent head injury and or permanent brain damage in the event of an accident. Against the advice of both you and the insurance underwriters I am refusing this critical safety precaution. I am assuming all hazards of risk upon myself. Upon signing this form I am fully responsible for any and all damages left on the bicycle(s) and equipment, including, but not limited to the following: Tires, tubes, wheels, brakes, helmets, locks, and all other equipment the belongs to Salt Lake eBikes LLC.
Date: March 25, 2023