Tom’s eBike Rentals – Digital Waiver & Release of Liability 1. Assumption of Risk I acknowledge that cycling, including eBike use, carries inherent risks, including but not limited to: - Loss of control, collisions, falls, or contact with vehicles, pedestrians, or fixed objects
- Mechanical failure or flat tires
- Road hazards such as gravel, potholes, or wildlife
- Exposure to weather conditions and environmental elements
I voluntarily assume all risks of injury, death, or property damage, whether anticipated or not, during the use of Tom’s eBike Rentals equipment.
2. Rider Eligibility & Safety By signing this waiver, I confirm the following: - I am 16 years of age or older
- I meet the minimum height requirement of 5'2" (157 cm) and do not exceed the weight limit of 290 lbs (132 kg)
- I am not under the influence of alcohol, cannabis, or impairing drugs
- I will wear a helmet at all times
- I am physically and mentally capable of safely operating an electric bicycle
- I will obey all road rules and traffic laws
- I understand that tricks, skidding, trail riding, or off-road use is not allowed
Riders failing to meet these standards will be denied or refunded at Tom’s discretion.
3. Equipment Responsibility I agree to care for the equipment as if it were my own. I understand: - I am fully responsible for the eBike and accessories (helmet, pannier, phone mount, etc.) from delivery to pickup
- Ocean riding, deep water crossings, or damage from neglect is strictly prohibited
- I will not attempt unauthorized repairs or modifications
- Any crash or damage must be reported immediately
- A mechanic evaluation may be required for any incident or improper use
Damage, loss, or theft may result in repair or full replacement charges
4. Emergency Procedures In the event of an accident or emergency: - Call 911 immediately if injury, illness, or danger is present
- Contact Tom at 250-217-6798 for support or roadside assistance
Riders must not continue riding if the bike is unsafe or compromised.
5. Release & Waiver of Liability I hereby release and forever discharge Tom’s eBike Rentals, its owners, employees, and affiliates from any and all liability, claims, causes of action, and costs (including legal fees) arising from: - Personal injury
- Death
- Property damage
- Negligent maintenance or failure of equipment
- Participation in this activity
This waiver applies even if such injury or loss is caused in part by the negligence of Tom’s eBike Rentals.
6. Indemnification I agree to defend, indemnify, and hold harmless Tom’s eBike Rentals from any claim, suit, or liability brought against them as a result of my actions, decisions, or use of their equipment.
7. Cancellation & Refund Policy Acknowledgment I understand: - Cancellations under 24 hours = no refund
- No-shows, early returns, or rider ineligibility = no refund
- Refunds for weather are at Tom’s sole discretion
8. Optional: Photo Release Tom’s eBike Rentals may take or request photos during your rental for use in promotional content. Please indicate: - Yes, I consent to the use of my image
- No, I do not consent to image use
9. Signature & Acknowledgment By signing below, I confirm I have read, understood, and voluntarily accepted the terms of this waiver and the full Rental Terms & Conditions available at www.tomsebikerentals.ca.
Today's Date: July 30, 2025 |