VACATION BIKE RENTALS LLC BICYCLE RENTAL AGREEMENT This BICYCLE RENTAL AGREEMENT (“Agreement”) is effective as of September 16, 2025 (the “Effective Date”), by and between PARTICIPANT and VACATION BIKE RENTALS LLC, a California corporation (“VACATION BIKE RENTALS”). In consideration of PARTICIPANT’S rental and use of the bicycle(s) rented from VACATION BIKE RENTALS (the “Bicycle(s)”), PARTICIPANT hereby agrees to the terms of this Bicycle Rental Agreement (“Agreement”) for me and any minor on whose behalf I am acting (the “MINOR(s)”), as follows:
PARTICIPANT is an adult 18 years of age or older and/or is a parent/legal guardian legally authorized to act and enter this Agreement on behalf of a minor under the age of 18. The use of “I”, “me”, “my”, “myself”, and “our” refers to me alone and/or me and the MINOR(s), collectively. PARTICIPANT attests that PARTICIPANT meets the criteria set forth in the attached Terms & Conditions (“T&Cs”) , which are incorporated in this Agreement and made a part hereof, and can ride and operate the Bicycle(s) in a competent and safe manner, is qualified, in good health, and in proper physical and emotional condition to ride and operate the Bicycle(s). PARTICIPANT also attests that any MINOR on whose behalf PARTICIPANT is acting also meets the criteria set forth in the T&Cs , is qualified, in good health, in proper physical and emotional condition, properly trained, and mature enough to ride and operate the Bicycle(s). PARTICIPANT understands and agrees that VACATION BIKE RENTALS is not providing training or supervision for our use, riding, and operation of the Bicycle(s). PARTICIPANT has tested and inspected the Bicycle(s) and acknowledges that the Bicycle(s) are in good working condition. PARTICIPANT agrees to return the Bicycle(s), and all extras such as helmets and bags, to the original rental location, at the same time, complete as delivered and in good working order. Failure to do so will result in additional fees as set forth in the T&Cs. PARTICIPANT also agrees to notify Vacation Bike Rentals immediately of any malfunctions or breakages of the Bicycle(s). Operational and mechanical issues are addressed in the T&Cs. As further set forth in the T&Cs, PARTICIPANT is providing VACATION BIKE RENTALS LLC with credit card details and authorizes VACATION BIKE RENTALS LLC to charge PARTICIPANT for all costs in case of damages to the Bicycle(s) during the rental period, including labor charges. Additionally, loss or theft of the Bicycle(s) are addressed in the T&Cs. PARTICIPANT, for him/herself, and on behalf of MINOR(s), understands that all users of Bicycle(s) rented from VACATION BIKE RENTALS are bound by the rules of the road set forth by the State of California and local jurisdictions including but not limited to; not riding under the influence of alcohol or drugs, following traffic laws including stop signs, cellular phone use, traveling with the flow of traffic, etc. Any infractions resulting in a traffic accident or citation are the responsibility of the PARTICIPANT, including fines, fees for impoundment of Bicycle(s) and costs for retrieving bicycles from off-site locations. PARTICIPANT Release PARTICIPANT, for him/herself, and on behalf of MINOR(s), and their respective representatives, heirs, next of kin, spouses, executors, and assigns, assumes the risk of renting the Bicycle(s), an e-bike, and participating in the activity of bike riding, cycling, biking and e-bike riding, agrees that such activities may inherently be risky, acknowledges that such risks may include, but are not limited to, serious personal injury, illness, permanent disability, death, economic loss, property loss and damage, and does hereby release, discharge, hold harmless, and covenants not to sue VACATION BIKE RENTALS, its affiliates, officers, directors, agents, trustees, contractors, employees, shareholders and insurers (all collectively referred to herein as the "Releasees") from any and all claims, loss, causes of action, liability, damages, or expense related to PARTICIPANT’s and MINOR’s use of the Bicycle(s) including, but not limited to, participation in the activities of bike riding, cycling, biking and e-bike riding, and arising out of or related to: 1) any acts or omissions of Releasees or any other person; 2) failure or operational malfunction of the Bicycle(s) or other rented equipment provided by VACATION BIKE RENTALS; and 3) any other cause whatsoever, where such other cause results in or relates to injury or death to PARTICIPANT, MINOR(s), or others, damages of any kind, delay, loss, inconvenience or property damage. PARTICIPANT, for him/herself, and on behalf of MINOR(s), knowingly waives his/her/their rights under Section 1542 of the California Civil Code, or under any comparable law of any other jurisdiction, which states: A general release does not extend to claims that the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the released party. Indemnification PARTICIPANT, for him/herself, and on behalf of MINOR(s), shall indemnify, protect, defend and hold harmless VACATION BIKE RENTALS and any of its officers, directors, employees, members, managers, partners, agents, and representatives (each such party being a “VACATION BIKE RENTALS Indemnified Party”), who was or is a party or is threatened to be made a party to any threatened, pending or completed claim, allegation, action, suit or proceeding initiated by a third party (not PARTICIPANT or MINOR), whether civil, criminal, administrative or investigative, against losses, damages, claims or expenses actually and reasonably incurred by such VACATION BIKE RENTALS Indemnified Party (including reasonable attorneys’ fees, judgments, fines and amounts paid in settlement) (collectively “Claim(s)”) arising out of any loss, injury, death or damage to persons or property whatsoever at any time that is suffered or sustained by PARTICIPANT, MINOR(s) or by any other person or entity, in connection with or as a result of activities or events in which PARTICIPANT and MINOR(s) participated in connection with this Agreement and any related activities undertaken by PARTICIPANT and MINOR(s) in connection with this Agreement. PARTICIPANT attests that I have carefully read and fully understand this entire Agreement, am signing of my own free will, intending to be legally bound, and understand that by signing this Agreement I am giving up important legal rights for me and MINOR(s). My acknowledgement and our assumption of risk is freely and voluntarily given with the understanding that my and MINOR(s)’ rights to legal recourse against the Releasees Parties are knowingly given up in return for my/our ability to rent the Bicycle(s) and engage in the anticipated activities while using, riding and operating them. This Agreement, and the application of interpretation hereof shall be governed exclusively by its terms and by the laws of the State of California. Exclusive jurisdiction and venue for all matters hereunder shall be in Marin County, California and the parties agree to submit to such exclusive jurisdiction and venue. By signing below, I agree, for myself and on behalf of the MINOR for whom I act as Legal Guardian, to the terms of this Bike Rental Agreement and the Terms & Conditions of Rental. Terms & Conditions of Vacation Bike Rental Bike Rental Process/Criteria All PARTICIPANTS must sign the Bike Rental Agreement for themselves and on behalf of any MINOR(s) who are accompanying them and/or using, riding, or operating Bicycle(s). Full payment is due for all individual and group rentals before Bicycle(s) will be released, unless other arrangements have been made. Riders must be 13 years of age and at least 5’ (152cm) tall. A Legal Guardian must sign a waiver and accompany MINOR(s) under 18 years of age. Customers are responsible for safe storage and charging if Bicycle(s) remain on-site. Vacation Bike Rentals reserves the right to refuse service to anyone. Pricing and terms subject to change without notice. Reservations/Cancellation Policy/Refunds/Transfer Bicycle(s) must be reserved 24 hrs. in advance to guarantee availability and on-time delivery. Reservations are fully refundable with a minimum of 24 hrs. notice prior to the start of reservation. Reservations canceled within 24 hrs. of reservation start time are not refundable but may be rescheduled or transferred to another renter within 1 year of the original reservation at no additional charge. Private and Group cancellations may be made up to 48 hrs. in advance of reservation start time, subject to 25% cancellation fee. Private and Group cancellations become non-refundable if canceled within 48 hrs.of reservation start time. Allow 10-14 business days for any refunds. Failure to Return Bicycle(s) to Original Rental Location With the exception of a mechanical issue or Force Majeure, Vacation Bike Rentals will bill PARTICIPANT's credit card on file at the rate of $120 per hour with a one (1) hour minimum in the event that Vacation Bike Rentals must travel to recover Bicycle(s) not returned to its original rental location. Theft Deposit In case of loss or theft, the renting party will be responsible for reimbursing Vacation Bike Rentals for the replacement cost of the Bicycle(s) at $3,000 USD per e-bike and $6000 per road/gravel bike, plus the replacement cost of any additional rented equipment that was provided at the time of the rental. These charges will also include loss of use for a minimum of one week at our published rates, as well as the cost of replacement parts. Damage to Bicycles/Repair Charge(s) Vacation Bike Rentals will bill PARTICIPANT's credit card on file at the rate of $120 per hour with a one (1) hour minimum, plus the cost of replacement parts, for any damage incurred during your rental. These damages will be added to your total and we will send you an itemized receipt of the work performed. Mechanical Issues Vacation Bike Rentals will arrange for pickup or reimbursement of transportation expenses in the event of unforeseen circumstances, which may include a flat tire, battery failure, or a mechanical issue not due to PARTICIPANT’s or Vacation Bike Rentals’ negligence. In most cases PARTICIPANT will receive a full or partial refund for their rental at the sole discretion of Vacation Bike Rentals so long as the failure was not caused by PARTICIPANT’s improper use of the equipment or negligence. Participant Transportation (Taxi, Uber or Paid Driver Charges) With the exception of a mechanical issue, Vacation Bike Rentals is not responsible for transportation charges if the PARTICIPANT chooses to retain the services of a taxi, Uber, Lyft or any other paid driver for any reason. If this also requires Vacation Bike Rentals to recover its equipment, we will bill PARTICIPANT's credit card on file at the rate of $120 per hour with a one (1) hour minimum, to recover any Bicycle(s) or other Vacation Bike Rentals’ equipment. E-Bike Battery Life and Range Statement Bikes are delivered with batteries at full charge. The stated range of the Bicycle(s) is approximately 60 miles when used on the lower power assist settings. You can expect and should anticipate greatly reduced range if you use the highest power setting for your entire ride. There is a battery level indicator on the display (scroll through with the on-off button). PARTICIPANT should keep an eye on the indicator during the ride and note that the Bicycle(s) can still be pedaled if the battery is dead; it just won't be quite as much fun. Definitions - A half day is 4 hours with a 30 minute grace period
- One day is 24 hours from delivery to return with a 1 hr. grace period
- One week is 7 calendar days from delivery to return, with a 1 hr. grace period
- One month is 30 calendar days from delivery to return, with a 3 hr. grace period
Today's Date: September 16, 2025 |