Family Pack Waiver
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4 Bike Family Pack With Tax:
Bicycle Operator Waiver
By signing this waiver and agreement you will waive certain legal rights, including the right to sue so please read carefully.
DEFINITIONS: This Equipment rental, Release of Liability, Waiver of Claims, Assumptions of Risks, and Indemnity Agreement will be referred to as “Agreement” from hereinafter. You, or any member of your rental party, are the Riders or Renters and will be referred to as “Riders” or “Renters” from hereinafter. Tatermax Holdings LLC d/b/a Glass Casa Carts and Bikes is the Company and will be referred to as “Company” from hereinafter. The Property Homeowner will be referred to as “Homeowner” from hereinafter. Bikes, helmets, and locks are the Equipment and will be referred to as the “Equipment” from hereinafter.
RENTAL AGREEMENT: I being the responsible party understand and accept full responsibility for each member of my party. I agree to educate each rider on the safety regarding the use of the rented equipment. I accept full responsibility for the Equipment rented and hereby agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed time or if the Equipment is damaged for any reason including any circumstances that are out of my control and agree to report any problems, mechanical or otherwise, upon returning the Equipment.
I will not allow anyone but myself to use the rental Equipment or perform any illegal activity while using the Equipment. Riders will not use or permit the Equipment to be operated in a test, race or contest or the Equipment to be ridden on any unpaved roads, on the beach or through the water.
I agree to pay all rates, charges plus applicable taxes, fees and surcharges which may apply to the Equipment rental. I understand that I must deposit an amount (to be used against the final bill) equal to the estimated total charge for the Equipment rental. I authorize the Company to place any amount(S) due from me as a result of the Equipment rental onto my credit card. Being over minutes late will result in a charge for a full hour.
Renter shall pay Company for all losses and/or damages to the Equipment including theft or vandalism regardless of fault. If the Equipment is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value. If the Equipment is damaged beyond reasonable repair (as determined by Company), Renter shall be responsible for the retail fair market value less any salvage value, if applicable.
The Company is not responsible if Renter causes injury to another person or if Renter damages another bike, vehicle, or personal property of another. Renter agrees to indemnify and defend Company and pay any claim brought by a third party arising out of Renter’s use of the Equipment and for any liability associated with any personal accident, injury as a result of Renters use of the Equipment.
I understand that the Equipment requires certain physical strengths and entails known and unanticipated risks that should result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties.
I am of sound physical and mental condition and am able to ride a Bicycle. I can make informed and objective decisions. I currently have no physical, medical, or mental condition which would impair my ability to ride a Bicycle.
I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income and liability I may cause or suffer while riding the Equipment. I understand I must solely bear the costs of such injury or damage and all related costs.
I am aware that the use of Equipment involves risks, dangers and hazards; including, but not limited to: the loss of balance, difficulty or inability to control one's speed and direction; variation of steepness in terrain, rapid or uncontrolled acceleration on inclines; mechanical failure of the Equipment and/or any of its components; changes in variation of the riding surface including rocks, gravel, trees, roots, tree stumps, waterways and manmade structures; changing weather conditions; travel on highways; encounters with domestic or wild animals; collision with pedestrians, motor vehicles, cyclists and other Riders; failure to travel safely within one’s own ability; negligence of other Riders. Hazardous conditions may occur in the use of Equipment and may be caused by but not limited to natural forces or people.
Negligence on the part of the Riders and the Equipment manufactures and distributers, or their employees, and contractors to safeguard or protect me from the risks, dangers, and hazards as a result of my use of the Equipment. I nevertheless freely and voluntarily assume all the aforesaid risks and hazards and my use of the Equipment shall be entirely at my own risk.
I understand that my use of the Equipment, including safety Equipment, cannot guarantee my safety or freedom from injury while I am riding. I am aware that it is not possible to predict every condition or circumstance under which the Equipment and/or safety Equipment will not operate as intended. I am aware of the risks, dangers and hazards associated with the use of the Equipment and I freely accept and fully assume all such risks, dangers and hazards, and the responsibility for personal injury, death, property damages and loss resulting therefrom.
I agree not to use the Equipment if I feel there I any defect in its mechanical ability or if there is a visible or known defect. I agree to call the Company immediately and report any unsafe or broken Equipment items before I attempt to use the Equipment.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: IN CONSIDERATION of the Riders agreeing to rent me the Equipment and permitting my use of their services, Equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
I confirm that I have read and understood this release agreement prior to signing it, and I am aware that by signing this release agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Renter.
ELECTRONIC SIGNATURE AUTHORIZATION:
By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. I understand that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files such as Adobe Reader software or other software capable of reading a PDF file. In order to print and retain a hard copy of this agreement, I understand that I will also need a printer connected to my computer. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party that requires my signature on this agreement directly.
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Document Name: Family Pack Waiver
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