eBike Rental Agreement and Liability Waiver
THIS IS A LEGAL AND BINDING AGREEMENT. YOU SHOULD READ ALL TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE AGREEING TO ENTER INTO THIS AGREEMENT. BY USING OUR SERVICES (INCLUDING BUT NOT LIMITED TO USING OUR ELECTRIC BICYCLES, OR COMPLETING A REGISTRATION FORM, FOR EXAMPLE), YOU ARE AGREEING TO THESE TERMS CONTAINED IN THIS AGREEMENT, INCLUDING THAT YOU ARE OF LEGAL AGE TO ENTER INTO BINDING CONTRACTS, SO PLEASE READ THEM CAREFULLY. YOU ARE ALSO AGREEING THAT YOU HAVE AUTHORITY TO AGREE TO THESE TERMS PERSONALLY. BY ENTERING INTO THIS AGREEMENT, YOU ARE PERMITTED TO USE THE eBIKES PROVIDED BY BLUE SKY CASINO, LLC dba FRENCH LICK RESORT, HERINAFTER, “RESORT”. ADDITIONALLY, YOU RELEASE AND WAIVE CERTAIN RIGHTS AND CLAIMS, AS WELL AS ACCEPT CERTAIN RESPONSIBILITIES. WE MAY AMEND THESE TERMS FROM TIME TO TIME, AND THE REVISED VERSION WILL BE EFFECTIVE WHEN POSTED ON THE “RESORT” WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU. THE REVISED TERMS SUPERSEDE ANY PREVIOUS VERSIONS. WE MAY TERMINATE THESE TERMS OR YOUR USE OF ANY SERVICES, OR GENERALLY CEASE OFFERING OR DENY ACCESS TO ANY PORTION OF THE SERVICES, AT ANY TIME AND FOR ANY REASON IN OUR SOLE DISCRETION. In consideration of your use of any of the Services of the eBike, “Resort” requires that you agree to all terms and conditions of the Rental Agreement and Liability Waiver, as applicable. The “Services” provided by “Resort” eBike rentals are composed of electric bicycles, all other related equipment, personnel, services, and information provided or made available by French Lick Resort. Resort expressly agrees to allow, and you expressly agree to take on, rental of eBikes subject to the terms and conditions set out herein. 1. GENERAL RENTAL AND USE OF eBIKES. You Are the Sole Permitted User. You and “Resort” are the only parties to the Rental Agreement. You are the sole renter and are solely responsible for compliance with all terms and conditions contained herein. You understand that when you rent an eBike, the eBike must be used only by you. You must not allow others to use an eBike that you have rented. You must not transfer a key fob to anyone in any manner whatsoever.
1.1 You Must Be At Least 16 Years Old with a valid state driver’s license to rent. You represent and certify that you are at least 16 years old and have a valid state driver’s license. 1.2 You Must Be a Competent eBike Operator. You represent and certify that you are familiar with the operation of the eBike, and are reasonably competent, knowledgeable, and physically fit to ride the eBike and knowledgeable about the laws pertaining to the eBike. By choosing to ride an eBike, you assume all responsibilities and risks for any injuries or medical conditions that may result from your use. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat, or electrical storms, make it dangerous to operate an eBike. We advise you to adjust your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions. 1.3 The eBike is the Exclusive Property of the “Resort”. You agree that the eBike, the key fob, and any equipment attached thereto, at all times, remain the exclusive property of the “Resort”. You must not dismantle, write on, or otherwise modify, repair, or deface an eBike, any part of an eBike, or related equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on an eBike in any way. You must not use an eBike or other equipment for any advertising or similar commercial purpose. 1.4 eBike Operating Hours and eBike Availability. The “Resort” Activities Rental operates from 10:00 am to 8:00 pm at French Lick Springs Hotel daily. Bikes must be returned within the maximum rental time limits set forth below. The number of eBikes is limited and eBike availability is never guaranteed. 1.5 eBike May be Used and/or operated only in Permitted Areas. You agree to only use, operate and/or ride the eBike in permitted areas as defined by law and “Resort” policies. Using an eBike outside of permitted areas or failure to return an eBike to the location may result in added fees or fines. 1.6 Requirement to Discontinue Use. You agree that you shall discontinue use of the eBike immediately and return it to “Resort” Activities location if it, or any component of it, should become defective or malfunction while riding the eBike and during any use or operation of the eBike and you will notify “Resort” staff of the issue. “Resort” may, at its sole discretion, issue another eBike to you, pick up the eBike at issue, or provide any other related services. 1.7 You Must Follow Laws Regarding Use and/or Operation of eBike. You agree to follow all laws pertaining to the use, riding, parking, and/or operation of the eBike, including all state and local laws and the rules and regulations pertaining to eBikes at the Resort. 1.8 Prohibited Acts. YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT: · Operate any eBike in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any eBikes on sidewalks and/or parking eBikes. · Operate an eBike while carrying any briefcase, backpack, bag, or other item if it impedes your ability to operate the eBike safely. · Operate an eBike while using any cellular telephone, text messaging device, portable music player, or other device that may distract you from safely operating the eBike. · Operate an eBike while under the influence of any alcohol, drugs, medication, or other substance that may impair your ability to operate an eBike safely. · Carry a second person, child, or pet on an eBike. · Use any locking mechanism on the eBike. · Park any eBike in a manner that does not strictly comply with all applicable laws, rules, regulations, and/or ordinances. · Park or place any eBike in a manner that prevents HADCO from locating and accessing it. If you violate this Section, “Resort” may charge you up to $1,500, in our sole and absolute discretion. · Leave an eBike unattended at any time. 1.9 eBike is Intended for Only Limited Types of Use. You agree that you will not use the eBike for racing, mountain, stunt, or trick riding. You agree that you will not operate and/or use the eBike on restricted roads, through water (beyond normal riding), or in any location that is prohibited, illegal and/or a nuisance to others. You agree that you will not use the eBike for hire or reward. You agree that you will not use the eBike for any illegal purpose. 1.10 Weight and Cargo Restrictions. You must not use the eBike or basket or other luggage carrier improperly with regard to type or weight of contents or any visual obstruction or riding impediment. You must comply with any maximum weight limit noted on the eBike or other “Resort” restrictions. 1.11 No Tampering. You must not tamper with, attempt to gain unauthorized access using, or otherwise use related equipment other than for purposes of using an eBike pursuant to this Rental Agreement. 1.12 Reporting of Damage or Crashes. You must report any accident, crash, damage, personal injury, stolen or lost eBike, stolen or lost key fob, or vandalism to “Resort” immediately. If a crash involves personal injury, property damage, or a lost or stolen eBike, you agree to follow any instructions from the “Resort” and to complete any required forms. You agree that you are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost eBike. 1.13 Your Responsibility for eBike Use and Damage. You agree to return the eBike in the same condition in which it was rented. You will not be responsible for normal wear and tear. 1.14 Electric Bikes. You understand that electric bicycles provide a different user experience and may pose different risks and dangers, and you assume those risks with respect to electric bicycles owned by “Resort.” 1.15 eBike Availability. You agree and acknowledge that eBikes may not be available at all times. eBikes require periodic charging of batteries in order to operate. You agree to use and operate eBikes safely and prudently and comply with all restrictions and requirements associated with eBikes, as set forth in any applicable laws, rules, regulations, and/or ordinances. You understand and agree to the following: · The level of charge power remaining in the eBike will decrease with use of the eBike (over both time and distance), and that as the level of charge power of the eBike decreases, the speed and other operational capabilities of the eBike may decrease (or cease in its entirety). · The level of charging power in the eBike at the time you initiate the rental or operation of the eBike is not guaranteed and will vary with each rental use. · The rate of loss of charging power during the use of the eBike is not guaranteed and will vary based on the eBike, road conditions, weather conditions and other factors. · The eBike may run out of charging power and cease to operate at any time during your rental of the eBike.
2. RENTAL POLICIES. 2.1 Pre-Rental Orientation. Prior to renting an eBike for the first time, you must attend an eBike program orientation. The orientation will cover the proper use of the eBike, basic safety tips for riding with traffic, how to secure the eBike when not using it, what to do if the eBike malfunctions, and what to do if there’s an incident on the road. The program orientation takes place in person at the Resort Activities Center and West Baden Mercantile Company. 2.2 Maximum Rental Time. The maximum rental time is three hours (“Max Rental Length”). You agree that you will return the eBike to the “Resort” location from which it was rented within the Max Rental Length of time that rental of the eBike began. You agree that you are solely responsible for being aware of any elapsed time related to the timely return of the eBike. eBikes not returned to the appropriate “Resort” location within Max Rental Length will be considered lost or stolen, and further charges may apply. 2.3 eBike Returns. You agree to return the eBike to the same “Resort” location from which it was rented and in the same condition it was in at the start of your rental time. “Resort” will do an inspection of the eBike upon your return. You shall report any issues with the eBike to “Resort” staff prior to signing an acknowledgement that you have returned the eBike and key fob. 3. FEES. 3.1 Usage Fees. The rental fees for the eBike are as posted. You will be required to keep a security deposit or a credit or debit card on file with the activities center. 3.2 Pick Up Fees. If you are unable to return an eBike to the appropriate “Resort” location and request that the eBike be picked up by “Resort” activities staff, “Resort”, at its sole discretion, may choose to charge you a pick-up fee up to $100. If any eBike rented under your name is abandoned without notice, you may be responsible for a pick-up fee. 3.3 Lost or Stolen Key Fob. If the key fob is not returned with the eBike within the Max Rental Length, it will be considered lost, and you may be charged for a replacement fob and any related fees or costs associated with reprogramming the smart locks. 3.4 Damaged eBike Fee. If an eBike is returned damaged or in a state of disrepair, you may be charged equal to the cost of repair plus any applicable travel time and fuel costs for “Resort” to have the eBike repaired. 3.5 Lost or Stolen eBike Fees. eBikes reported as lost or stolen or eBikes that are not returned within the Max Rental Length will be considered lost and you may be charged up to $1,500 to replace the lost eBike. 3.6 Fee Charges. Fee charges will be invoiced to the renter responsible for the eBike at the time the fee was assessed. Renters’ payment will be due upon rental of eBike. 4. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK. 4.1 Releases. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), including claims for injuries and death, that arise from or relate to (a) any of the Services, including any of the eBikes, equipment or related information, or (b) your use of any of the foregoing. “Released Persons” means, collectively, “Resort” and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor's owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns. In exchange for you being allowed to use any of the Services, eBikes, and other equipment or related information provided by “Resort”, you (acting for you and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) (collectively, the “Releasing Parties” and each a “Releasing Party”) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider ever had, now has, or may claim to have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third-party beneficiaries of such releases. 4.2 Disclaimers. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, EBIKES, OR RELATED EQUIPMENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, EBIKES, OR RELATED EQUIPMENT, HADCO AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, EBIKES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). HADCO AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, EBIKES, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, EBIKES, OR RELATED EQUIPMENT. 4.3 Limited Liability. IN ADDITION TO THE LIMITATION OF LIABILITY PROVISIONS CONTAINED IN THE AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, “RESORT” AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS RENTAL AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, EBIKES, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS RENTAL AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A HELMET OR OTHER PROTECTIVE EQUIPMENT WHILE USING AN EBIKE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF HADCO OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF HADCO AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS 4.4 Assumption of Risk by You. You are solely and fully responsible for the safe operation of the eBike at all times. You agree that eBikes are machines that may malfunction, even if the eBike is properly maintained, and that such malfunction may cause injury. You agree that riding an eBike and the Services involve many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to you or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. You agree that such risks, dangers, and hazards are your sole responsibility, including, but not limited to, choosing whether to wear a helmet as required by law or utilize other protective gear. You agree that if your use of any of the eBikes or Services causes any injury or damage to another person or property, then you may be liable for all resulting injuries, damages, and related costs. By choosing to operate an eBike, you assume full and complete responsibility for all related risks, dangers, and hazards, and you agree that “Resort” and all other Released Persons are not responsible for any injury, damage, or cost caused by you with respect to any person or property, including the eBike itself. 4.5 Indemnification. In addition to the indemnification provided for in the Agreement, you will indemnify and hold the Released Persons harmless from all Claims and from any other losses, suits or other proceedings arising out of or relating to your use of eBikes and any breach of the terms of this Agreement. 5. Additional Terms of Use. 5.1 Requirement to Acknowledge that No Insurance is Provided under this Agreement. You expressly acknowledge and agree that “Resort” does not provide insurance of any kind including but not limited to: property damage, liability, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever. 5.2 Lost or Stolen eBike. An eBike may be deemed lost or stolen if (a) the eBike is not returned within 3 consecutive hours, (b) the eBike's GPS unit is disabled, if applicable, (c) a malfunctioning eBike reported to “Resort” is parked on private property, in a locked area, or in any other non-public space which is not accessible to “Resort”, or (d) other facts and circumstances exist that suggest to “Resort” in its reasonable, good faith determination that an eBike has been lost or stolen. You and “Resort” agree that the last documented rider of an eBike shall be responsible for a lost or stolen eBike. If “Resort” deems an eBike lost or stolen, “Resort” shall have the authority to take any and all actions it deems appropriate (with respect to the last rider of an eBike or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. You must report the eBike disappearance or theft to “Resort” immediately or as soon as possible. You agree that you are responsible and liable for misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits, or disbursements of any kind or nature whatsoever related to a stolen or lost eBike, eBike accessories, or key fob. 5.3 Responsibility for Tickets, Fees, and Fines. You agree that you are solely responsible and will not hold the Released Persons liable for any moving violation, fines, and/or illegal activities incurred by you while using, riding and/or operating the Bike. You agree to pay on demand all fines, and court costs, including administrative fees for parking, bus lane, traffic or other legal and/or moving violations assessed against the eBike, you, or “Resort” during your rental or use of the eBike. You agree to pay “Resort” for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims. 5.4 Helmets; Safety. “Resort” requires that you wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer's instructions. You may need to take additional safety measures or precautions not specifically addressed in this Rental Agreement. 5.5 eBike Routes. You agree that HADCO does not provide or maintain places to ride eBikes, and that “Resort” does not guarantee that there will always be a safe place to ride an eBike. Roads, bicycle lanes, and other accessible areas may become dangerous due to weather, traffic, or other hazards. 5.6 Acceptance of Agreement. You expressly acknowledge that you have carefully read the entire Agreement, including the terms and conditions, and understand this Agreement, including but not limited to the Waiver of Liability, Assumption of Risk, and Indemnification Provisions, fully, and expressly agree to be bound by this Agreement. You voluntarily give your consent and expressly agree to all the conditions included in this Agreement as set forth above. YOU HAVE READ, UNDERSTAND AND EXPRESSLY AGREE TO THE ABOVE AGREEMENT AND TERMS AND CONDITIONS. BY ACCEPTING THIS AGREEMENT AND CHECKING OUT A BIKE AT A PROGRAM LOCATION, YOU HAVE AFFIRMATIVELY AGREED TO ENTER INTO THIS AGREEMENT. INCLUDING WEARING A HELMENT AT ALL TIMES WHILE OPERATING AN EBIKE.
The Resort and eBike manufacturer strongly recommend the use of elbow and knee pads due to the potential risk of injuries associated with the eBike. Elbow and knee pads are available for purchase in the activities center. _ ______________________________Signature of Renter _________ December 21, 2024_________ Date
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