TYLER ADVENTURES AT ZION, LLC Electric Bike Rental Agreement

May 20, 2024

TYLER ADVENTURES AT ZION, LLC

Rental Terms and Conditions

Last Updated June 3, 2022

INTRODUCTION

These Terms and Conditions (“Terms and Conditions”), together with the applicable Electric Bike Rental Agreement (collectively, the “Agreement”), contain the terms and conditions for your electric bicycle rental. The Agreement is between the bicycle renter (“Renter”, “Customer” “you” or “your”) and Tyler Adventures at Zion, LLC (the “Company” “we” or “us”). By signing the Electric Bike Rental Agreement or otherwise renting or using any electric bikes or other equipment owned by the Company (collectively, the “Equipment”), you agree to be bound by these Terms and Conditions. The Company reserves the right to update these Terms and Conditions at any time.

RENTAL FEES

From the time identified in the Agreement until the Equipment is returned, Customer agrees to pay the hourly or daily rates set forth in the Agreement. The minimum charge is two (2) hours. Customer agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges. Customer also agrees to pay a reasonable fee for cleaning the Equipment if the Equipment is returned with excessive stains, dirt or debris attributable to Customer’s use.

CANCELLATION POLICY

If your plans change and you notify us more than forty-eight (48) hours before your reservation, no problem! Your reservation can be rescheduled, subject to availability, or we can issue you a full refund.

Reservations made within 24 hours of a scheduled event are final and cannot be changed. In addition, any no-shows or non-cancelled rentals will be charged for the full reservation amount (2 hour minimum).

If your reservation is cancelled less than 48 hours, but more than 24 hours before your reservation, the cancellation fee is $35 plus 10% of the total fees for daily reservations.

If your reservation is cancelled less than 24 hours before your reservation, the cancellation fee is half the price of the reservation total.

Please note that all cancellations must be received via email or phone and confirmed by the Company via email to be valid or the full reservation amount will be charged.

CREDIT CARD RESERVE

Customer understands that Customer’s credit card will be pre-authorized for the full amount (to be used against the final bill) equal to the estimated total charge for the Equipment rental at the rates indicated on the website and confirmed over the phone or via email, plus a damage security deposit. The Company only accepts payment by credit card. Customer authorizes the Company to charge Customer’s credit card any amount due from Customer as a result of the Equipment rental.

CHARGES FOR LOSS AND/OR DAMAGE TO EQUIPMENT

Customer understands that all charges are not final and are subject to audit after inspection of the returned Equipment. Customer specifically agrees and authorizes the Company to make any charges by credit card if there is any damage beyond normal wear and tear. If credit card funds are not available to cover the full amount due, Customer specifically agrees to pay charges within 24 hours by cash or other guaranteed funds.

EQUIPMENT RETURN

Customer agrees to return the Equipment to the Company in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by the Company. Customer agrees to return the Equipment sooner if so demanded by the Company. Customer understands that there may be rate, fee or special charges if Customer returns the Equipment at a different time, date or location than indicated in the Agreement.

PROHIBITED USE OF THE EQUIPMENT

No unauthorized trail use! Use allowed on marked bicycle trails and bicycle lanes on roads only. Customer will not use or permit the Equipment to be used for hire, to be operated in a test, race or contest, or to be ridden on any unpaved roads, in dirt or through water, or in any location that operation would be illegal or a nuisance to others. Customer will not use or permit the Equipment to be used for an illegal purpose. A violation of this paragraph automatically terminates the rental and makes Customer liable to the Company for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.

DAMAGE TO EQUIPMENT

Customer shall pay the Company for all losses and/or damages to the Equipment, including theft or vandalism, regardless of fault. If the Equipment is damaged, Customer agrees to pay the reasonable costs of repair and diminution in value. If the Equipment is damaged beyond reasonable repair (as determined by the sole discretion of the Company) Customer shall be responsible for the retail fair market value less any salvage value, if applicable. In addition, Customer shall also be responsible for the loss of use, administrative fees, as determined by the Company or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Customer shall be responsible for paying loss of use at the daily rate for each 24 hours Customer delays in paying the total loss. Customer is also responsible for any loss if Customer: (1) abuses the Equipment or violates any prohibited use or operation as specified in these Terms and Conditions; (2) rides recklessly; (3) rides while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the policy and the Company; (5) fails to complete an accident report; (6) obtains the Equipment through fraud or misrepresentation; or (7) uses the Equipment for an illegal purpose. Customer authorizes the Company to collect from a responsible third party any applicable loss and/or damage. In the event the Company obtains a recovery from a third party after Customer has paid the Company for all or part of any loss, the Company will refund to Customer any excess above the amount of the loss plus administrative fees and other incurred collection costs and attorneys’ fees.

ACCIDENTS – THIRD PARTY CLAIMS

The Company is not responsible if Customer causes injury to another person or if the Customer damages another bicycle, vehicle, or personal property of another. Customer agrees to indemnify and defend the Company and pay any claim brought by a third party arising out of Customer’s use of the Equipment and for any liability associated with any personal accident/injury as a result of Customer’s use of the Equipment.

STATEMENT OF PHYSICAL AND MENTAL FITNESS, INSURANCE, AND BIKE SAFETY

Customer represents, warrants, covenants, acknowledges, and confirms the following:

(a) Customer understands that biking requires certain physical strengths and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to Customer, to property, or to third parties.

(b) Customer is in sound physical and mental condition and is able to ride a bicycle. Customer can make informed, objective decisions. Customer currently has no known physical, medical or mental condition which would impair Customer’s ability to ride a bicycle, or else Customer understands that Customer assumes all risks that may be created, directly or indirectly, by any such condition.

(c) Customer is completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability Customer may cause or suffer while riding a bicycle, or else Customer understands that Customer must solely bear the costs of such injury or damage and all related costs.

(d) Customer acknowledges that Customer has been advised to wear an approved helmet. Customer is aware that electric biking is subject to all applicable municipal and provincial highway traffic regulations. Customer is familiar with the proper use of an electric bicycle. Customer is aware that there are technicians available to answer any questions that Customer may have as to the proper use of an electric bicycle.

(e) Customer understands that Customer is required to inspect the electric bicycle, prior to each use, for proper tire inflation, working brakes, appropriate seat and handlebar adjustments and general condition, and to ask questions and get answers to any safety inspection item that Customer is unsure of.

ASSUMPTION OF RISK

Customer assumes all risks, including death or serious bodily injury, which may result from the operation of an electric bicycle, weather, altitude, accidents, etc. Customer acknowledges all the risks of operating an electric bicycle on streets, roads, bike paths, bike lanes, and in traffic, including without limitation the risks of serious bodily injury or death from falling off the electric bicycle, colliding with other bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, bicycle malfunctions, and hazards relating to weather conditions. Despite knowing all associated risks, Customer freely assumes all risks of personal injury and/or damage in the operation of an electric bicycle, and Customer agrees to hold the Company harmless from all claims of injury or damage. Therefore, in consideration for the opportunity to rent Equipment from the Company, to the fullest extent permitted by law, Customer assumes all risks of injury, death, loss, or damage in any way resulting from Customer’s involvement with the Company. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of the Company or its officers, members, managers, employees, agents and representatives.

PERSONAL PROPERTY LEFT ON BICYCLE

The Company is not responsible for personal property left on a bicycle. Customer agrees to indemnify and hold the Company harmless from any claims for lost or stolen personal property left on a bicycle.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION

Understanding the risks described in the Agreement, to the fullest extent permitted by law, Customer, for himself/herself and on behalf of Customer’s family, spouse, children, and heirs and representatives, hereby releases and agrees to indemnify the Company, its owners, members, managers, officers, employees, guides, volunteers, agents, subcontractors, representatives, and all other persons or entities acting in any capacity on the Company’s behalf, from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF THE COMPANY), demands for loss, damages, injuries, or any other cause of action relating in any way to Customer’s Equipment rental, AND CUSTOMER AGREES THAT CUSTOMER’S FAMILY AND HEIRS WILL NOT SUE THE COMPANY OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE, AND CUSTOMER INTENDS THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM THE COMPANY’S NEGLIGENCE. If Customer, or anyone on Customer’s behalf, files a lawsuit or otherwise makes a claim against the Company, Customer agrees to indemnify and defend the Company, and pay all damages, costs, fees, expenses and attorneys’ fees incurred by the Company in defending such lawsuit or such claims.

WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, THE COMPANY PROVIDES THE EQUIPMENT AND ALL RELATED SERVICES TO CUSTOMER “AS-IS” AND “WITH ALL FAULTS”, AND HEREBY EXPRESSLY DISCLAIMS WITH RESPECT TO THE EQUIPMENT AND ALL RELATED SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND FREEDOM FROM ERROR.

DAMAGES LIMITATION

IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO CUSTOMER OR TO ANY OTHER PARTY USING THE EQUIPMENT UNDER ANY CIRCUMSTANCE BE GREATER THAN THE AMOUNT OF RENTAL FEES PAID BY CUSTOMER TO THE COMPANY FOR EQUIPMENT RENTAL, EVEN IF THE AMOUNT OF DAMAGES SUFFERED BY CUSTOMER/USER MAY BE GREATER THAN THIS AMOUNT. FURTHERMORE, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, IMPLIED, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain Customer/users.

DISPUTE RESOLUTION AND GOVERNING LAW

Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation before a mediator mutually agreed upon by the parties. If the parties cannot agree on a mediator, or if the matter cannot be resolved through mediation, then the matter shall be resolved through binding arbitration conducted in accordance with the American Arbitration Association’s Consumer Arbitration Rules. Both the mediation and arbitration proceedings will take place in St. George, Utah. Customer may not commence against the Company or its affiliates any class action, class arbitration, or other representative action or proceeding. In agreeing to arbitration herein, except where prohibited, CUSTOMER GIVES UP CUSTOMER’S RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN CUSTOMER AND THE COMPANY OR ITS AFFILIATES. CUSTOMER ALSO GIVES UP THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. CUSTOMER’S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company must be commenced only in the federal or state courts located in St. George, Utah. Customer hereby irrevocably consents to the jurisdiction of those courts for such purposes and hereby irrevocably waives any right to a trial by jury. This Agreement, and any dispute between Customer and the Company shall be governed by and subject to the laws of the State of Utah without regard to principles of conflicts of law, provided this arbitration clause shall be governed by the Federal Arbitration Act. In the event of arbitration proceedings or legal proceedings before a court of law, the prevailing party shall be entitled to recover attorneys’ fees and costs.

MODIFICATIONS

These Terms and Conditions may be amended and updated from time to time at the sole discretion of the Company. Modified versions of these Terms and Conditions will be considered effective as of the date posted to the Company’s website or otherwise delivered by the Company to Customers entering into new Electric Bike Rental Agreements.

May 20, 2024

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1. Equipment. Customer agrees to rent eBikes and equipment (collectively, “Equipment”) in exchange for payment of the Total Fee indicated on customer's reservation, including tax and any applicable insurance.

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