PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Space City EBoards LLC dba Rent EBoards Houston, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "SCEB"), I hereby agree to release, indemnify, and discharge SCEB, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in electric skateboards, electric unicycles, onewheels, ebikes, escooters, and other personal electric vehicle activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; loss of control; collision with fixed or movable objects; injuries or accidents involving contact with the equipment; falls from the equipment; the negligence of other operators of motor vehicles or myself; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, musculoskeletal injuries including head, neck, and back injuries; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; the condition of roads, terrain, or highways and accidents connected with their use; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; transmissible pathogen or disease; my own physical condition, and the physical exertion associated with this activity.
Furthermore, SCEB personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a property fitted and protective helmet during this activity.
3. Indemnity, release and hold harmless agreement in favor of SCEB. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless SCEB from any and all claims, demands, or causes of action based upon or arising out of injuries, including death, to persons, or damages to or destruction of property, sustained or alleged to have been sustained in connection with, arising out of, or in any way related to my participation in this activity or my use of SCEB’s equipment or facilities, including any such claims, demands or causes of action which are based or founded, in whole or in part, upon the alleged negligent acts or omissions of SCEB.
4. Should SCEB or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against SCEB, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SCEB on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at SCEB.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT
I, the undersigned, have been fully warned and advised by Space City EBoards LLC, dba Rent EBoards H (hereinafter collectively referred to as “SCEB”), that I should wear a properly fitted and secured helmet while participating in SCEB (whether on the premises or off of the SCEB’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of SCEB and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.
I, the undersigned, have read the foregoing statement carefully before signing and do understand its warning.
Today's Date: June 10, 2023
EQUIPMENT RENTAL AGREEMENT
Wherever used herein, the term “equipment” shall include any equipment including personal electric vehicles rented from Space City EBoards LLC, dba Rent EBoards Houston. Rent EBoards Houston, its agents, servants, and employees shall not be responsible for personal injuries or property damage, loss or delay incurred by any person arising out of the act of negligence of any direct or supplemental carrier or other person rendering any of the services or products being offered in these rentals; nor shall Rent EBoards Houston be responsible for any injuries, death, damage, loss or delay in any means of transportation or by reasons of any event beyond the actual control of Rent EBoards Houston, or of any agent or supplier, or due to force majeure. Renters follow any suggested itinerary at their own risk and agree not to hold Rent EBoards Houston responsible for injury or death resulting from accidents. We strongly recommend the use of approved helmets whenever operating personal electric vehicles. Helmets can be provided at no extra cost. The personal electric vehicles provided for use are in satisfactory operating condition and participants agree to use them at their own risk or call deficiencies to the attention of a company representative. Individual specifications are subject to change based on availability of replacement components. Instruction in the use, assembly and maintenance of personal electric vehicles will not be provided and participants affirm that they are competent and familiar with the use of said personal electric vehicle.
Rentals returned 15 minutes or more past the due time are subject to additional rental rates up to $49 / hour.
Reservations can be cancelled for a full refund with notice of 24 hours or more. If rain or extreme weather inhibits the ability to rent, a rainy day voucher to reschedule will be issued to at no cost. Reservations cancelled with less than 24 hours notice will not receive a refund.
RESPONSIBILITY FOR DAMAGE OR LOSS
Customer agrees he/she will return the equipment in the same good condition as when received, ordinary wear and tear accepted, and to repair and replace lost or stolen, damaged or broken personal electric vehicles or parts or to reimburse Rent EBoards Houston for said equipment. Therefore regardless of the party at fault, customer understands and agrees to be responsible for the theft or damage to said equipment.
Customer understands and agrees that any subleasing of rental equipment is prohibited and that any such sublease shall immediately cause termination and cancellation of this contract.
Customer shall assume liability for any and all damage or loss of and to personal property, accident / injury to other persons related to said rental equipment.
RENTAL DAMAGE DEPOSIT
We may require a damage deposit in the form of credit card charge plus the driver’s license / photo ID of one member of the party.
TERMINATION OF AGREEMENT:
Customer agrees that Rent EBoards Houston has the right to terminate this agreement at any time and retake possession of said equipment and for said purpose Rent EBoards Houston may enter upon the premises of the customer without becoming liable for trespass.
By signing this agreement, you agree to the additional Terms of Service outlined here: https://houston.renteboards.com/policies/terms-of-service