Loading...

South Shore Bay Bikes Liability Waiver



South Shore Bay Bikes LLC  

User Agreement:

 By clicking the Agree To This Document button, you, the User (as defined below) agree and acknowledge that you have read, understand, and accept full responsibility for and are bound legally by the terms and conditions within this Rental Agreement (as defined below), whether or not subsequent agreements are executed by the User or South Shore Bay Bikes LLC. This includes the Terms of Use and the User’s Release of Liability. Using a Bicycle (as defined below) that is property of South Shore Bay Bikes LLC is considered acknowledgment that the User has read and agreed to the terms of this Rental Agreement, and is considered an acceptance of this Rental Agreement. This is regardless of whether or not you paid the rental fee for the Bicycle or came to use the Bicycle by way of another User. South Shore Bay Bikes LLC reserves the right to alter this Rental Agreement with proper notice.

 

Definitions. Rental Agreement is in reference to this online rental agreement. User means the person identified by their personal profile on the Bloom Bikes application who is renting the Bicycle offered by South Shore Bay Bikes LLC. This person is the sole lessee of the Bicycle and is responsible for complying with the terms of this Rental Agreement. Bicycle means any bicycle that can be rented on the Bloom Bikes smartphone application via the South Shore Bay Bikes public bike share program.

 

Signing Authority. Any person agreeing to this Rental Agreement warrants that they are at least 18 years of age, and that they have the authority to sign this Rental agreement on behalf of themselves, the User.

 

Release of Liability. It is understood that in exchange for allowing the use of a South Shore Bay Bikes LLC Bicycle, the User forever releases South Shore Bay Bikes LLC, The Village of Ocean Beach, the hamlet of Ocean Bay Park, all owners and investors of the company, and property upon or near which South Shore Bay Bikes LLC Bicycles can be rented, from any and all claims, liability, causes of action, damages, wrongful death, injury to self or others, which arise out of, result from, or relate to this Rental Agreement; the rental, maintenance, design, use or operation of a South Shore Bay Bikes LLC Bicycle. 


Indemnity/Hold Harmless. To the fullest extent permitted by law, the User agrees to indemnify, release, and hold harmless the aforementioned parties from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of South Shore Bay Bikes LLC or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using or operating a South Shore Bay Bikes LLC Bicycle.

 

Voluntary Participation in Dangerous Activity. User understands that using and operating a Bicycle may be dangerous and may test the User’s physical and mental capacity and carries with it the potential for serious injury, loss of property, and even death. The aforementioned risks include, but are not limited to, different terrains on which the Bicycle is operated, the conditions of the paths, facilities, weather, temperature, equipment, the physical and mental condition of the User, actions of other persons or Users, inadequate training, improper preparation, hydration level of the user. User accepts the fact that this description of risks and the inherent danger of using a Bicycle is incomplete. Acknowledging these risks and inherent dangers, User voluntarily accepts them and chooses to use a Bicycle and expressly assumes all of these risks.

 

Use of a Helmet. User acknowledges that South Shore Bay Bikes LLC recommends that all Users wear a protective helmet. User understands that helmets may decrease the intensity of injuries to the head of the User, however there is no guarantee that a helmet will prevent all possible injuries to the head. User accepts the fact that a helmet is a limited piece of equipment and severe injury and even death can still occur if the User is wearing a helmet. This can happen in the case of low and high speeds and low and high energy impacts, even if a helmet is worn correctly. Also, a helmet does not protect the User against injury to the spine, neck, or any other extremity or portion of the body. Using a Bicycle and other related activities subject the User to forces that are far greater than the limits of protection offered by a helmet. These are also inherent risks of operating a Bicycle that the User agrees to. User’s opting to not wear a protective helmet acknowledge that South Shore Bay Bikes LLC highly recommends the use of one and releases all liability in the case of injury and even death.

 

User is sole Lessee of the Bicycle. South Shore Bay Bikes LLC authorizes the User to use a Bicycle that is available for rent via the smartphone application Bloom Bikes on the system South Shore Bay Bikes within the application. Such a Bicycle is subject to the terms and conditions set forth in this Rental Agreement. The User agrees that they will be the sole operator of the Bicycle rented and is wholly responsible for abiding by the terms and conditions of this Rental Agreement.

 

User is a Capable bike rider. User agrees that they can competently operate a Bicycle. This is with respect to the User’s physical fitness, and the certification that they are familiar with operating a Bicycle and have experience doing so.

 

Bicycle is property of South Shore Bay Bikes LLC. Use of a Bicycle as part of the South Shore Bay Bikes system, and any equipment attached to the Bicycles such as baskets, water bottle holders, smart phone holders, lights/reflectors is the exclusive property of South Shore Bay Bikes LLC and the renting of a Bicycle in no way gives the user ownership of any of the equipment. The User also agrees to not modify the Bicycle in any manner.

 

Hours of Operation. South Shore Bay Bikes LLC offers Bicycles for rent at all hours of the day, during the summer season from Memorial Day to Columbus Day. The User is responsible for supplying a flashlight and using one while operating the Bicycle on all paths and walk ways on Fire Island. You are required by law to have a light while using the Bicycle at night. 

The Bicycles must never be operated on Bay Walk (Mainstreet) in the Village of Ocean Beach. It is important that the User keep in mind and abide by all applicable laws in the communities in which South Shore Bay Bikes LLC operates its bike share system. You can view these village ordinances with relation to bicycles here: https://www.ecode360.com/7717394

 

The Bicycle may never be operated outside of the area between and including the Village of Ocean Beach and the Hamlet of Ocean Bay Park. User agrees to never remove the Bicycle from the area on Fire Island in which South Shore Bay Bikes LLC operates its bike sharing system. The User understands that South Shore Bay Bikes is not responsible for any legal fines, infractions, or tickets, incurred while using a Bicycle.

 

Bicycle Availability. Bicycle can be rented on the corner of Bay View Walk and Surf View Walk at the end of town in Ocean Beach and at the ferry terminal in Ocean Bay Park. South Shore Bay Bikes LLC has a limited number of Bicycles available for rent. Therefore, there may be times when a parking station is empty and there are no Bicycles in the immediate area. You can view the availability and reserve Bicycles for up to 15 minutes on the Bloom Bikes smartphone application. 

 

Rental Charges. Full explanation of rental charges and payment packages offered can be viewed on Southshorebaybikes.com. This includes maximum rental time and charges. The rate you are being charged and have been charged so far is available for view in the Bloom Bikes application on your phone while the Bicycle is rented. If the Bicycle is not returned within 24 hours it will be considered stolen and the User will be responsible for all charges related to lost, damaged, or stolen equipment. Security deposits may be held up to 48 hours to ensure that the bicycle and all equipment associated with it has been returned in good condition. Any missing or damaged equipment such as but not limited to the bicycle itself, locks, or baskets will be charged from the security deposit with the difference returned to the user.

 

Do Not Operate Under the Influence. The User agrees to not use, operate, or ride a South Shore Bay Bikes LLC Bicycle if the User has consumed, whether orally or otherwise, and/or used alcohol or drugs such that the User’s ability to safely utilize a Bicycle is impaired, or if the rider is suffering from any other permanent conditions which may inhibit the User’s ability to operate a Bicycle safely and responsibly. The User understands that South Shore Bay Bikes is not responsible for any legal fines, infractions, or tickets, incurred while using a Bicycle.

 

Operate within Limited scope. The User agrees to not operate a South Shore Bay Bikes LLC Bicycle for anything other than its intended use. This includes but is not limited to racing, stunt riding, tricks, off-roading, or mountain biking. The User also agrees not to operate the Bicycle in the sand, mud, on unpaved roads, through water, or in any other area where Bicycle riding is disallowed, illegal, or a bother to others. The services offered by South Shore Bay Bikes LLC are not for resale or the means of operating any other business. The User shall not attempt to carry additional people or animals on the Bicycle in any capacity. Such an action increases the likelihood of an accident. User agrees that in the event of an accident they are held liable in all cases of misuse and any and all consequences that result from such an event such as; claims, losses, demands, causes of action, liabilities, legal fees, penalties, fees, and all other actions associated with the misuse and use of a South Shore Bay Bikes LLC Bicycle. 

 

Accidents and Damage. The User agrees to and shall inspect the Bicycle prior to use and observe any and all defects that may exist. South Shore Bay Bikes LLC is not responsible for any malfunctions during your rental due to a pre-existing ailment of the equipment. The User will return the Bicycle to the acceptable parking locations in the same condition they received it in upon renting. This is with exception to normal wear and tear. The User agrees to make sure the Bicycle is securely locked when unattended. They also understand that South Shore Bay Bikes LLC does not guarantee that the locking mechanism function properly, if at all. The User holds the sole responsibility for any stolen, misplaced, damaged, or destroyed property of South Shore Bay Bikes LLC. South Shore Bay Bikes LLC is not responsible regardless of whether the lock malfunctioned or secured the bike properly. The User agrees to pay all fines associated with damage, which includes any replacement equipment needed, charges for repairs, or destruction. In the event that the Bicycle is lost, stolen, or damaged beyond repair the User agrees to pay South Shore Bay Bikes LLC for the full amount necessary to replace said Bicycle. The User agrees to this even if the loss or damage of the Bicycle was caused by an unnamed third party. They will be subject to and charged at the acceptable labor rate and cost of replacement parts and equipment. Bicycles not returned within 24 hours will be considered lost or stolen by South Shore Bay Bikes LLC. Accidents, damage, and stolen/lost equipment should be reported immediately to South Shore Bay Bikes LLC and the local police department. 

 

No Medical/Emergency Assistance. User understands that South Shore Bay Bikes LLC will not under any circumstances provide any assistance or medical amenities in the event that the User is injured on a Bicycle. User is solely responsible for obtaining such services.

 

This Rental Agreement will be referenced in the case of any dispute or claims relating to the RentalAgreement or South Shore Bay Bikes LLC and any aspect of the system related to South Shore Bay Bikes LLC as governed by New York State law.


Covid-19 Liability Release. In response to the global pandemic involving the novel Coronavirus (COVID-19) South Shore Bay Bikes LLC has implemented several advanced sanitation methods to ensure a safe and healthy ride in compliance with CDC guidelines. Our traditional maintenance schedule is being followed with the addition of sanitation immediately following rentals and special attention payed to commonly touched areas of the bicycle. The User agrees that in the last 30 days they have not experienced symptoms of the coronavirus including but not limited to fever, fatigue, dry cough, difficulty breathing. The user agrees that they have not been exposed to the novel Coronavirus (COVID-19) in the last 30 days. The user understands that South Shore Bay Bikes LLC and the parties therein is/are not liable for any exposure to the novel Coronavirus (COVID-19). Our business is taking significant efforts to prevent the spread of this devastating disease and we encourage our clients as well as all others to practice good hygiene, social distance, mask up and enjoy the sun.


 

Severability. If any part of this Rental Agreement is found to be unlawful, all other sections will be enforced to the fullest extent of the law.

 

Privacy Policy. User understands that while using a Bicycle owned by South Shore Bay Bikes LLC, the User may be subjected to photo and video and the User agrees to have their likeness used in content generated by South Shore Bay Bikes LLC, and any sponsors associated with South Shore Bay Bikes LLC. Use of South Shore Bay Bikes LLC Website and interaction with social media accounts, and sponsors related to South Shore Bay Bikes LLC is considered agreement to abide by the terms and conditions in this Rental Agreement which will be available for view on the website as well.

 

Violation of Rental Agreement. If the User violates the Rental Agreement, or if any representation, profile account, or certification of the User is incorrect, then South Shore Bay Bikes LLC may at any time, while remaining true to any other rights included in this Rental Agreement, revoke a User’s right to use the amenities offered by South Shore Bay Bikes LLC, which includes prohibiting all future use of the Bicycle by the User.

 

Thanks for choosing South Shore Bay Bikes LLC for your Fire Island mobility solution.

 

For more information visit www.southshorebaybikes.com

Or email us at southshorebaybikes@gmail.com 

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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*

Phone*
Parent or Guardian's 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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!