Introduction:
This is a Release and Assumption of Risk form. Please read it carefully before signing. This release essentially states that: (1) you know and understand that you (or the minor under 18 years of age on whose behalf you are signing) are renting one or more bicycles (to include fat tire bikes, beach cruiser bikes, E-bikes and/or other such two-wheeled means of transportation), with which such bicycle(s) you (and/or the minor on whose behalf you are signing) will be engaging in the activity of riding a bicycle or E-bike, and (2) as a result of the inherent risks in these activities and uses and items and this location, you know that you (or the minor on whose behalf you are signing) may die, get hurt, or sustain damage to your belongings. If any of these occur, you are confirming your understanding that you have knowingly assumed all such risks and waived any right you might otherwise even arguably have to sue, or otherwise assert a claim against or expect “Carolina Beach Bike Rentals, LLC,” Tony Silvagni, individually or dba “Carolina Beach Bike Rentals” or “Tony Silvagni Surf School,” “the TONY SILVAGNI SURF SCHOOL, LLC, and/or any of its owners, officers, agents, employees, or associates (hereinafter, sometimes collectively referred to as “CBBR”) to be legally responsible for or to otherwise pay for any damages that you may suffer as a result of your engaging in any of these activities and/or otherwise renting and/or using any of these items.
RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS:
I, the undersigned, hereby acknowledge that I (or the minor on whose behalf I am signing) have voluntarily chosen to rent one or more of the following items: (1) one or more bicycles (to include fat tire bikes, beach cruiser bikes, E-bikes and/or other such two-wheeled means of transportation) from Carolina Beach Bike Rentals, LLC, that will be going to and in and around the beach and/or other areas I (and/or the minor on whose behalf I am signing) choose to take them. I hereby further expressly and unequivocally acknowledge my actual and absolute understanding that certain risks are inherent in riding a bicycle or E-bike (or any other recreational activity, for that matter) and these risks cannot be eliminated, altered, or controlled; and these risks can be the cause of injury, illness, death, or other damages. I also know and fully understand that riding a bicycle or E-bike are outdoor activities in an uncontrolled natural environment with inherent risks and hazards where serious accidents and property damage can and do occur, and participants can and do die or sustain injuries.
FOR AND IN CONSIDERATION OF the utility, privilege and enjoyment of renting a bicycle or E-bike from Carolina Beach Bike Rentals, LLC at its agreed rates, I, the undersigned ___________________________ (herein, sometimes referred to as “Releasing Party”), do hereby – on behalf of myself or on behalf of the minor for whom I am signing, _______________________ (and also on behalf of all of my or said minor’s heirs, executors, administrators and assigns) – release, acquit and otherwise forever discharge “Carolina Beach Bike Rentals, LLC,” Tony Silvagni, individually or dba “Carolina Beach Bike Rentals” or “Tony Silvagni Surf School,” “the TONY SILVAGNI SURF SCHOOL, LLC” (herein, sometimes referred to collectively as “Released Parties’) of and from any and all past, present or future causes of action, claims, demands, damages, costs, loss of services, expenses, compensations, third-party actions, suits at law or in equity, including claims or suits for contribution or indemnity, of whatever nature, and of and from any and all incidental or consequential damages in any way growing out of any personal injury or death or property damage resulting from my renting (for the purpose of using) one or more bicycles or E-bikes from Carolina Beach Bike Rentals, LLC.
I do hereby further expressly and unequivocally acknowledge – on behalf of myself or on behalf of the minor for whom I am signing – my full knowledge and understanding that renting, for the purpose of using, one or more one or more bicycles or E-bikes necessarily entails participant exposure to numerous inherent and other known and unknown and unknowable risks, including, but not limited to: (1) loss of control of rider’s bicycle or E-bike, or the bicycle or E-bike or automobile of another; (2) falls from the bicycle or E-bike; (3) collision with other riders or their equipment or rocks and/or other man-made or natural obstacles, whether obvious or concealed; (4) encounters with animals and people and insects; (5) exposure to the outdoor coastal environment, extreme temperatures, sun, and inclement weather, including travel by foot or vehicle in any way related to any such activity; (6) rescue-related injuries; and (7) unavailability of immediate and appropriate medical attention in case of injury. I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in injury, illness, disease, death or damage. My participation (or that of the minor on whose behalf I am signing) in these activities is purely voluntary and I elect to do so (or consent to have the minor on whose behalf I am signing do so) at my/our own risk. By signing this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS, I do hereby knowingly and lawfully assume all such risk and full responsibility for any consequences of such risk.
Indemnification: I hereby further agree that I (or the minor on whose behalf I am signing) will indemnify and otherwise save and hold Released Parties harmless from and against any and all claims or costs, including attorneys’ fees, of third-parties in any way arising from personal injury, death or property damage to any other participant, spectator or third-party, whether or not resulting from negligence, in the course of my (or the minor’s, on whose behalf I am signing) using any CBBR bicycle or E-bike.
I understand and agree that this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS shall be binding upon myself and all of my heirs, assigns and next of kin (or those of the minor on whose behalf I sign), and shall extend to the benefit of Released Parties and their successors and assigns.
I (or the minor on whose behalf I am signing) do not, to the best of my knowledge, have any physical limitation, medical ailment or mental disability that would prevent me (or the minor) from participating in the above mentioned operations and activities.
Any dispute that may arise out of this agreement is governed by the laws of the State of North Carolina.
I hereby agree to abide by all rules, regulations, and instructions of CBBR while participating in all CBBR-related activities. I understand and agree that CBBR reserves the right to accept or deny service to any person.
RENTAL AGREEMENT: Our Rental Bikes are not allowed on the "beach" at all. The Lessee accepts full liability and financial responsibility for the Equipment rented. This includes any damages or missing equipment upon return. If payment for damages or missing equipment is not made at the time of the equipment return, and/or if the equipment is not returned by the agreed date and time, the Lessee authorizes the Lessor to charge the credit card on file with the reservation for the amount due ($1800 cost of electric bike, $290 cost of standard bicycle, $95 cost of e-bike charger, $40 cost of bike key, $25 cost of lock, $60 cost of helmet, $30 excessive cleaning fee, $500 Bike teardown and clean fee if e-bike is brought on beach. $50 flat tire fee, $112 labor/diagnostic fee, etc.). Required by North Carolina law to always use your lights before dawn and dusk while riding e-bikes.
CANCELLATIONS: No cancellations or refunds. A helmet must always be worn while operating a bike. Standard helmets are provided with every rental. Only the person whose name is listed on the agreement (“Lessee”) may operate the equipment. The Lessee must be 18 years of age and have a valid driver’s license to rent our eBikes (16+ years with a valid driver’s license, a parent/ guardian present, and a signature from the parent/guardian on the liability form). Bikes are not allowed to be ridden on the beach, sidewalks, boardwalk and where bicycles are not permitted. If it is found that the bike was ridden on the beach, the Lessee is responsible for any damages and/or fees for cleaning (tear down and cleaning fee $500 per bike).
The Lessee MUST KNOW HOW TO OPERATE A REGULAR BICYCLE before renting an e-bike.
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I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND FULLY AGREE TO THE TERMS OF THIS RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN THE UNDERSIGNED AND CAROLINA BEACH BIKE RENTALS, LLC, ITS OWNERS, OFFICERS, AGENTS, AND EMPLOYEES, AND THAT THIS AGREEMENT CANNOT BE MODIFIED OR CHANGED IN ANY WAY BY THE ORAL REPRESENTATIONS OR STATEMENTS OF CBBR OR THE UNDERSIGNED. I HEREBY CONFIRM THAT I FULLY UNDERSTAND THAT BY SIGNING THIS RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS I AM AGREEING TO GIVE UP CONSIDERABLE FUTURE LEGAL RIGHTS THAT I (OR THE MINOR ON WHOSE BEHALF I AM SIGNING) MIGHT OTHERWISE HAVE AGAINST RELEASED PARTIES. I NONETHELESS SIGN THIS DOCUMENT FREELY, VOLUNTARILY, WITHOUT DURESS OR THREAT OF DURESS, AND WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO ME OTHER THAN AS RECITED HEREIN. MY SIGNATURE IS PROOF OF MY INTENTION TO EXECUTE A COMPREHENSIVE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW. I AM MENTALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
Read, understood and Agreed, this the ____ day of _____________, 2025.
Signature_________________________________ (Print Name) ____________________________________________
(Minor’s Name, as applicable)_______________________________
MISC. AUTHORIZATIONS: EMERGENCY MEDICAL TREATMENT AND MEDICAL INFORMATION: I hereby grant CBBR permission to treat me (or the minor on whose behalf I am signing) in case of emergency illness, injury or accident. Should emergency medical services become necessary for the undersigned participant or minor, the expenses are the sole responsibility of the participant and not CBBR. I also certify that I (and any minor on whose behalf I am signing) am physically and mentally capable of participating in these activities. I hereby represent that I have informed CBBR (as I have written above) of any pertinent medical conditions that may affect my or the minor’s participation in these surfing activities. Read, understood and Agreed, this the ____ day of _____________, 2025.
Signature_____________________________________ (Print Name) ____________________________________________
(Minor’s Name, as applicable)_______________________________
PROMOTIONAL PHOTOGRAPHY: I hereby agree that CBBR may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me. Read, understood and Agreed, this the ____ day of _____________, 2025.
Signature_____________________________________ (Print Name) ______________________________________ (Minor’s Name, as applicable)_______________________________ |
