Bicycle Rental Agreement
SARASOTA BIKE TOURS INC.BICYCLE RENTAL AGREEMENT
This contract is a release of liability, assumption of risk, and indemnity agreement between the renting party (hereinafter referred to as “I”), and the rental company (hereinafter referred to as SBT Inc).
1. I acknowledge that bicycling is a hazardous activity that involves risks that could result in serious bodily injury or death. I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE SBT Inc., its owner, volunteers, officers, agents, or employees from any and all liability, claims, demands, action and causes of action whatsoever arising out of or related to any loss damage or injury, including death, that may be sustained by me, or any property belonging to me, WHETER CAUSED BY THE NEGLIGENCE OF SBT Inc., or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted or in transportation to and from said premises. I willingly agree to assume all risk included in this activity.
2. To the best of my knowledge, I can fully participate in this activity. I am aware of the risks and hazards connected with the activity, including but not limited to the risks as noted herein, and I hereby elect to voluntarily participate in said activity knowing fully that the activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or any loss or damage to property owned by me, as a result of being in such an activity, WHETHER CAUSED BY NEGLIGENCE OF SBT Inc. or otherwise.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage or costs, including court costs and attorney’s fees, that may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF SBT Inc. or otherwise.
4. I further hereby express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (in any), if I am alive, and my heir, assignees and personal representative if I am not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE SBT Inc. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida.
5. I agree to release, discharge, indemnify, and hold harmless all manufacturers and/or distributors of any equipment provided to me by SBT Inc., included but not limited to bicycles and helmets, from any and all liability for damage, injury, or death to myself, or any other person or property, which are connected to my participation in the a activity stated herein. I hereby waive my right to present any legal claim or lawsuit against these entities regardless of how any damage, injury or death may have occurred, through negligence or any other manner considered through legal claim. I agree to inform SBT Inc. that the rental bike(s)/, equipment is/are satisfactory after the initial test ride.
6. I acknowledge that flat tires are an inherent risk of bicycle riding. SBT Inc. will provide a pump/patch kit to repair flat tires when asked for at the beginning of the rental period. SBT Inc. does not compensate for flat tires. I further understand that although roads, routs, and surfaces are suggested to me by SBT Inc., they are not owned, monitored, managed or kept by SBT Inc. and hence release SBT Inc. from any responsibility for conditions of said area. I understand that it is unsafe and illegal to ride a bike after dark without lights. Lights can be purchased from SBT Inc. upon request.
7. I agree to confirm receipt of a lock and key before departing the SBT Inc. rental premises with rental bike(s)/equipment. I acknowledge that it is my responsibility to return said rental bike(s)/equipment under all circumstances and that SBT Inc. does not provide pick-up/rescue service. I understand that SBT Inc. requires a security deposit of at least $100/equipment. When a bike is returned, deposits made on credit/debit cards will be released within a period of time dependent upon the policy of my financial institution. I understand and agree that in the event that said rental bile(s)/equipment is lost, stolen or damaged, to forfeit my security deposit and immediately pay SBT Inc. the total cost to replace/repair bike(s)/equipment plus any rental charges incurred. I acknowledge that accidental waiver, insurance does not cover loss, theft or abuse of rental bikes(s)/equipment. A fee of $20 will be charged for loss of lock/key, $30/bike for pick-Up. Bicycle damage will be charged based on retail replacement cost that range from $400 - $700 depending on model.
8. I understand and agree that a two hour minimum charge applies to all hourly rentals and that the rental time begins when the deposit is submitted. After 2 hours, rentals are calculated on 30-minute increments with a 5 minute grace period. For bikes in the 24-hour category, the 24-hour minimum applies after the bike has been test ridden and accepted “as-is”.
9. I understand that the bike(s)/equipment must be returned to the same location which it was rented during normal business hours. I agree and understand to keep/store/park bicycle inside overnight if I am returning it a different day. I agree to allow SBT Inc. to use my image in photographic reproduction and video for advertising/promotional purposes.
10 I agree that this contract is a warning, release of liability, assumption of risk and indemnity agreement that serves as a legally binding contract. I agree that this contract is intended to serve as comprehensive a release of liability and indemnity agreement as legally allowed. I agree that if any portion of this contract is found to be void, or invalid or unenforceable, the remaining portion shall remain in full force and effect. I agree this contract shall be binding for myself, my children, my heirs, assignees, executors, personal representatives and administrators of my or their estate(s).
11. I UNDERSTAND THAT Sarasota Bike Tours, Inc. WILL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH ANY INJUSRY I MAY SUSTAIN.
12. I also understand that I should and am urged, by Sarasota Bike Tours, Inc., to obtain adequate health, accident, and property insurance to cover any personal injury to myself or damage to property which may be sustained during the activity or transportation to and from the activity.
I have read and understand all regulations stated in the Sarasota County Sheriff’s Office document and recognize that failure to adhere to these guidelines may pose a threat to my safety and the safety of others. Failure to adhere to guidelines may also result in fines from Sarasota County officials.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the forgoing Waiver of Liability and Hold Harmless Agreement, understanding it and signing it voluntarily as my own free act and deed; no oral representation, statements or inducements apart from the forgoing written agreement, have been made; I am at least (18) years of age and fully competent; and I execute this release for full, adequate and complete consideration fully intending to be bound by the same. If under (18) years of age signed by parent or legal guardian whom assumes all terms stated herein.
I HAVE READ THIS CONTRACT CAREFULLY, UNDERSTOOD ITS TERMS, AND AGREE THAT SIGNING BELOW BINDS ME TO ITS CONTENTS.
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Document Name: Bicycle Rental Agreement
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