Rental Agreement/Liability Waiver

Everyone must sign this waiver in order to rent an ebike. For bookings with more than one ebike each rider must sign a waiver. 

  

Assumption of Risk and Waiver of Liability Agreement

The undersigned (“Rider”) hereby acknowledges and agrees that the rental and/or purchase, operation, and use of electric bicycles (or “E-Bikes”) and any related equipment (collectively the “Activities”) may involve risks of injury to persons and property, and Rider hereby fully assumes responsibility for any such risks, and hereby releases Easy Riders Ebike Rental Company LLC., a Florida limited liability company, as well as its members, managers, officers, directors, shareholders, agents, and employees from any liability whatsoever arising out of the Activities as set forth herein.

Rider's Assumption of Risk and Release of Liability

As the “Rider” under this Agreement, I understand that the Activities involve inherent anticipated and unanticipated risks that could result in serious bodily injury, permanent disability, or death, including, without limitation: musculoskeletal injury, traumatic brain injury, cardiovascular distress, illness, or complication, and exposure to and infection with COVID-19 or other communicable illness. I further understand that the risks arising out of the Activities may include, but are not limited to: falling from the E-Bike; colliding with other E-Bikes, bicycles, automobiles, motorcycles, motor vehicles, persons, or other objects; and suffering a sudden loss of control, whether from uneven surfaces, irregular road conditions, topography, flat tires, brakes failing, equipment malfunctions, hazards relating to weather conditions, operator error, and other causes, whether similar or dissimilar to the foregoing. I hereby acknowledge and agree that the description of the foregoing risks is not complete, that there are other risks inherent in my participation in the Activities and that these inherent risks cannot be eliminated. By choosing to participate in these Activities, I acknowledge that: a) serious injury, including death, may occur as a result of my participation in the Activities, either by my own actions or inactions, by the actions of others, by the conditions in which the Activities takes place, or by the negligence of the Released Parties named below; and (b) I am assuming responsibility for all risks of injury, death, illness, or other damage arising from the Activities, whether or not such risks have been identified or specified herein.I hereby acknowledge and agree that my participation in the Activities is purely voluntary and, in consideration of the opportunity for such participation, I, for myself and my heirs, executors, personal representatives, administrators, estate, spouse, marital estate, and assigns, hereby release, discharge, and covenant not to bring any claims, actions or lawsuits against Easy Riders Ebike Rental Company LLC., and its respective affiliated companies, members, managers, owners, officers, agents, employees, contractors, and other persons or entities acting on behalf of Easy Riders Ebike Rental Company LLC. or involved therewith (collectively the "Released Parties") for any injuries, losses or damages I may suffer as a result of my participation in any of the Activities, including, to the extent allowed by law, the negligence of such Released Parties. I further acknowledge and agree that the Released Parties do not provide any insurance coverage with regard to any potential injury that I might sustain as a result of my participation in the Activities, and that if I wish to obtain any such insurance coverage it is my sole responsibility to do so, else I must bear such injury or damage at my sole cost and expense. Furthermore, to the extent allowed by law, in no event will Easy Riders Ebike Rental Company LLC. or the Released Parties be liable for any indirect, special, implied, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not Rider or any other individual or entity has been advised of the possibility of such damages occurring.Indemnification. To the extent permitted under applicable law, I hereby agree to defend, indemnify and hold the Released Parties harmless from any and all losses, liabilities, damages, claims, actions, costs, expenses or proceedings of any kind, including any direct and third-party claims, whether arising out of the negligence of the Released Parties or any other cause whatsoever, which may be initiated by any person, entity, or organization for loss, injury, or damage arising out of my participation in the Activities, including, without limitation, reimbursement of all legal costs and reasonable attorneys' fees and insurance deductibles incurred by the Released Parties in defending against any such claim, action or proceeding.

Representation of Rider.

I hereby represent and covenant that I am at least eighteen (18) years old. I have read this document, and I am signing it of my own free will. I understand the legal consequence of signing this document, including that: (1) I am releasing the Released Parties from all liability for all claims arising from the risks associated with the Activities; (2) that I am waiving my right to sue the Released Parties for actions relating to the Activities; (3) that I am assuming all risks inherent in said Activities or in any events incidental to said Activities; and (4) that I am agreeing to indemnify, defend, and hold the Released Parties harmless from any liability arising out of the Activities. I further represent that I am generally in good health and physical condition, I possess the capacity to make informed, objective decisions, and that to the best of my knowledge, I do not have any physical or psychological condition that would be likely to interfere with my participation in the Activities or cause me to pose a risk to others in relation thereto. I hereby acknowledge and agree that I have been advised to wear approved protective equipment, including, but not limited to, a helmet and highly visible clothing, and to use any lighting or reflective devices in accordance with applicable law at any time during which I am engaged in the Activities. I acknowledge and agree that the Activities are subject to all applicable local, state, and federal laws and regulations, and I will at all times operate the E-Bike at a speed of twenty (20) miles per hour or less only where permitted pursuant to applicable laws and regulations, and I will engage in the Activities in a cautious, defensive, and prudent fashion and in compliance with such applicable laws. I hereby further acknowledge and agree that I am capable of operating the EBike in a competent manner and only for its intended use and operation, I have received an instructional safety orientation, and any questions regarding the same have been answered to my full satisfaction. In addition, I acknowledge and agree that I will engage in the Activities only during such times that I am not under the influence of alcohol or other substances which may cause an impairment in reactions or judgment. I understand that this document is written to be as broad and inclusive as legally permitted by the state in which the Activities occur. I agree that if any portion of this document is held invalid or unenforceable, the remaining terms of the document will continue to apply with full force and effect, and that I will continue to be bound thereby.