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Big Muddy Adventures

3120 Locust Street

St. Louis, MO 63103

314.896.4262


BIKE RENTAL AGREEMENT AND RELEASE


THIS BIKE RENTAL AGREEMENT (the “Bike Rental Agreement” or “Agreement”) between BIG MUDDY ADVENTURES (“Big Muddy”) and Renter (“Renter”), whereby Big Muddy agrees to rent the following bicycle (the “Bicycle”) to Renter upon the express condition that Renter agrees to all the Terms and Conditions of the Agreement set forth below (including the Release of Claims) and evidences that Agreement with his/her signature below. The bicycle shall be rented for the time period and hourly rate specified by staff upon purchase.


READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING CONTRACT AND IS SUBJECT TO THE TERMS AND CONDITIONS OF THE OTHER SIDE, INCLUDING THE RELEASE BY RENTER OF BIG MUDDY FROM ALL KNOWN AND UNKNOWN OBLIGATIONS, AND TO INDEMNIFY BIG MUDDY AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE BICYCLE. THIS AGREEMENT AFFECTS IMPORTANT LEGAL RIGHTS.


TERMS AND CONDITIONS OF RENTAL AGREEMENT


1.     Assumption of risk. Renter assumes all risks, including death or serious bodily injury, which may result from the operation of the Bicycle. Renter acknowledges all the risks of operating the Bicycle on streets, roads, bike paths, and in traffic, including risks of serious bodily injury or death. Renter freely assumes all risks of personal injury and/or damage in the operation of the Bicycle and Renter agrees to hold Big Muddy harmless from all claims of injury or damage, to the fullest extent permitted by law. 


2.     Indemnification. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Renter acknowledges his/her responsibility for the safe and proper operation of the Bicycle. It is AGREED AND UNDERSTOOD THAT Renter shall indemnify and hold harmless BIG MUDDY from, and against any and all claims for loss of or damages to property or injury to persons, including death, resulting from the use, operation or possession of the Bicycle. Big Muddy shall only be liable to Renter if such loss or damage was caused by Big Muddy’s gross negligence. 


3.     Release and waiver of claims. Renter does hereby remise, release, and forever discharge BIG MUDDY, its agents, servants, successors, 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 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 bicycle; or in any way arising out of the this Agreement.


4.     Acceptable Use. Renter agrees and acknowledges that he/she will be the sole operator of the bicycle, and will use the bicycle in a careful, sage and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by BIG MUDDY, and any applicable laws and regulations.

                        

5.     Damage, Loss, Theft, etc. In the event of damage to or loss of the Bicycle, regardless of fault, Renter shall be responsible for any damage caused to the Bicycle during the rental period. BIG MUDDY shall retain any portion (or all) of Renter’s Security Deposit as necessary to cover repairs or replacement cost resulting from such damages or loss. To the extent that damages to the bicycle exceed the amount of the Security Deposit, Renter shall be billed by BIG MUDDY for the full amount of damages caused by Renter during the rental period, including reasonable attorney’s fees.   


6.     Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the bicycle:

a.     There are no passengers permitted on the bicycle unless expressly permitted by BIG MUDDY in writing prior to use.

b.     There are no alcoholic beverages permitted while using the bicycle.


7.     Unsafe Use. If at any time BIG MUDDY determines that Renter has engaged in an unsafe or hazardous use of the bicycle BIG MUDDY may immediately terminate the rental. Upon notification of termination, Renter must return the bicycle to the designated return area immediately. If the rental is terminated for unsafe or hazardous use, Renter will not be refunded his/her security deposit.  BIG MUDDY shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”


8.     Condition of Bicycle upon Return. The Renter agrees that the Bicycle is in good overall condition and without apparent defects. Renter shall return the Bicycle to the designated return area clean and in the same condition as it was in when given to Renter, excepting ordinary wear and tear. 


9.     Late Return. If Renter fails to return the bicycle to the designated return area more than 20 minutes after the scheduled “Time Back,” Renter shall forfeit his/her security deposit.


THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF MISSOURI, AND THE TERMS AND CONDITIONS CONTAIN THE ENTIRE UNDERSTANDING OF THE PARTIES, AND THAT BIG MUDDY OFFERS NO OTHER REPRESENTATIONS OR INDUCEMENTS, VERBAL OR WRITTEN, OTHER THAN WHAT IS CONTAINED IN THIS AGREEMENT.




First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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