IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN ANY WAY IN THE HOST's PROGRAM, RELATED EVENTS AND ACTIVITIES, AND USE OF EQUIOPMENT, I UNDESSIGNED, ACKNOLEDGE, APPRECIATE, AND AGREE THAT:
1. THE RISK OF INJURY FROM THE ACTIVITIES INVOLVED IN THIS PROGRAM IS SIGNIFICANT, INCLUDING THE POTENTIAL FOR PERMANENT PARALYSIS AND DEATH
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION.
3. I WILLINGLY AGREE TO COMPLY WITH TERMS AND CONDITIONS FOR PARTICIPATION. IF I OBSERVE ANY UNUSUAL SIGNIFICANT HAZARD DURING MY PRESENCE OR PARTICIPATION, I WILL REMOVE MYSELF FROM PARTICIPATION AND BRING SUCH TO THE ATTENTION OF THE NEAREST OFFICIAL IMMEDIATELY.
4. I, FOR MYSELF AND ON BEHALSF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE, INDEMNUFY, AND HOLD HARMLESS THE HOST, ITS OFFICERS, OFFICIALS, AGENTS AND/OR EMPLOYEES, OTHER PARTICIPANTS, SPONSORS, ADVERTISERS, AND, IF APPLICABLE, OWNERSAND LESSORS OF PREMISSES USED TO CONDUCT THE EVENT (RELEASSES), FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, AND LIABILITY ARISING OUT OF OR RELATED TO ANY INJURY, DISABILITY OR DEATH I MAY SUFFER, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
5. HEALTH STATEMENT: I WILL NOTIFY THE HOST OWNERSHIP OR EMPLOYEES IF I SUFFER FROM ANY MEDICAL OR HEALTH CONDITION THAT MAY CAUSE INJURY TO MYSELF, OTHERS, OR MAY REQUIRE EMERGENCY CARE DURING MY PARTICIPATION.
6. VENUE: THE VENUE OF ANY DISPUTE THAT MAY ARISE OUT OF THIS AGREEMENT OR OTHERWISE BETWEEN THE PARTIES TO WHICH THE HOST OR ITS AGENTS IS A PARTY SHALL BE EITHER THE CITY OF LONG BEACH JUSTICE COURT, OR THE COUNTY OR STATE SUPREME COURT IN LOS ANGELES COUNTY, CALIFORNIA.
7. GENERAL: THESE TERMS AND CONDITIONS FORM A RENTAL AGREEMENT (HEREIN “AGREEMENT"), WHICH CONSISTS OF THIS RENTAL AGREEMENT (BOTH FRONT AND REVERSE SIDES), THE TERMS AND CONDITIONS STATED HEREIN, AND A RETURN DOCUMENT WITH FINAL CHARGES. THIS AGREEMENT IS BETWEEN THE BICYCLE RENTER AS IDENTIFIED IN THIS AGREEMENT (HEREIN “RENTER") AND 2 WHEELS DELUXE (HEREIN “2 WHEELSDELUXE") AND COVERS THE RENTAL OF THE BICYCLE EQUIPMENT (“bYCICLE") FOR THE PURPOSE OF RENTAL AGREEMENT. THE WORD “BICYCLE" MEANS THE TWO-WHEELED ELECTRICALLY POWERED OR NOT BICYCLE PROVIDED TO RENTER BY 2 WHEELS DELUXE WHICH INCLUDES THE FRAME, TWO TIRES, SEAT, ELECTRIC POWER SOURCE (BATTERY) AND/OR PEDALS, CHAIN AND SPROKETS, LIGHTS, MISCELLANOUS EQUIPMENT, ACCESORIES (BIKE RACK AND/OR BASKET, LOCK) AND SAFETY GEAR (HELMET, BRAKING SYSTEM).
8. AUTHORIZED DRIVERS/PROHIBITION ON PASSENGERS: NO OTHER PERSON MAY DRIVE OR OTHERWISE OPERATE THE BICYCLE EXCEPT THE RENTER. RENTER IS PROHIBITED FROM CARRING ANY PASSENGERS ON THE BICYCLE AT ANY TIME. RENTER MAY NOT ADD ANY OF SEAT OR MODIFICATION TO ALLOW SOMEONE TO RIDE ON THE REAR FENDER, AND NO ONE MAY RIDE ON THE HANDLEBARS AT ANY TIME. RENTER IS PROHIBITED FROM PULLING OR TOWING ANY PASSENGER OR OBJECT WITH THE BICYCLE ANY TIME. NO ONE OTHER THAN THE RENTER IS ALLOWED TO RIDE THE BICYCLE AT ANY TIME.
9. BICYCLE RETURN: RENTER AGREES TO RETURN THE BICYCLE TO 2 WHEELS DELUXE (HOTEL, OR THE PLACE WAS AGEED UPON) IN THE SAME CONDITION AS RECEIVED, EXCEPT FOR ORIDINARY WEAR AND TEAR (WHICH DOES NOT INCLUDE FLAT TIRES), ON THE DUE DATE AND TIME AND AT THE LOCATION SPECIFIED BY 2 WHEELS DELUXE OR HOTEL AT THE TIME OF RENTAL. RENTER AGREES TO RETURN THE BICYCLE SOONER IF SO DEMANDED BY 2 WHEELS DELUXE OR THE HOTEL EMPLOYEE. RENTER UNDERSTANDS THAT THERE WILL BE PRORATES OR SPECIAL CHARGES IF RENTER RETURNS THE BICYCLE AT A DIFFERENT TIME, DATE OR LOCATION THAN INDICATED IN THIS AGREEMENT.
10. RENTAL CHARGES: FROM THE TIME IDENTIFIED ON THE FRONT SIDE OF THIS AGREEMENT OR THE TIME AGREED UPON HOTEL'S OFFERS, UNTIL THE BICYCLE IS RETURNED RENTER AGREES TO PAY THE MINUTE, HOURLY, AND DAILY RATES AS INDICATED ON THE FRONT SIDE OF THIS AGREEMENT, OR ACCORDING TO THE PACKAGE WHICH THE HOSTING HOTEL OFFERS.RENTER AGREES TO PAY ALL CHARGES FOR MISCELLANOUS SERVICE AND ALL SALES, USE, RENTAL, ADDITIONAL RENTAL TIME, AND EXCISE TAXES INCLUDING ANY APPLICABLE TAX-RELATED SURCHARGES. RENTER ALSO AGREES TO PAY A REASONABLE FEE FOR CLEANING THE BICYCLE IF THE BICYCLE IS RETURNED WITH EXCESSIVE STAINS, DIRT OR SOILAGE ATTRIBUTABLE TO RENTER'S USE.
11. START OF RENTAL: THE RENTAL COMMENCES AFTER THE 2 WHEELS DELUXE OR THE HOTEL REPRESENTATIVE HAS INFORMED THE RENTER OF THE PROPER AND SAFE OPERATION OF THE BICYCLE AND ANY ADDITIONAL INSTRUCTION(S) AS MAY BE REQUESTED BY RENTER AND RENTER IS AWARE OF ALL DANGERS ASSOCIATED WITH OPERATION OF BICYCLE, INCLUDING THE DANGERS OF RIDING IN TRAFFIC, ON STREETS OR OTHER LOCATIONS AND THAT NATURAL AND MAN-MADE HAZARDS MAY EXISISTS. RENTER AGREES TO ASSUME ALL THE RISKS ASSOCIATED WITH OPERATING THE BICYCLE.
12. REPOSSESSING THE BICYCLE: 2 WHEELS DELUXE OR THE HOTEL REPRESENTATIVE MAY REPOSSESS THE BICYCLE AT ANY TIME IF: THE BICYCLE IS USESD IN VIOLATION OF LAW; IT APPEARS THE BICYCLE IS ABANDONED; THE BICYCLE IS USED IN VIOLATION OF ANY TERM OR CONDITION IN THIS AGREEMENT; RENTER MADE A MISREPRESENTATION OF 2 WHEELS DELUXE OR THE HOSTING HOTEL; RENTER FAILS TO RETURN THE BICYCLE WHEN DUE; 2 WHEELS DELUXE OR THE HOSTING HOTEL REPRESENTATIVE IS NOT REQUIRED TO NOTIFY RENTER IN ADVANCE OF REPOSSESSION.
13. PROHIBITED USE OF THE BICYCLE: RENTER WILL NOT USE OR PERMIT THE BICYCLE TO BE USED FOR HIRE, TO BE OPERATED IN A TEST, RACE OR CONTEST, OR TO BE DRIVEN ON ANY UNPAVED ROADS, IN DIRT OR THROUGH WATER, OR IN PUBLIC PARKS OR ON A DESIGNATED BICYCLE TRAIL IF SPECIFICALLY PROHIBITED, OR IN ANY LOCATION THAT OPERATION WOULD BE ILLEGAL OR A NUISANCE TO OTHERS. RENTER WILL NOT USE OR PERMIT THE BICYCLE TO BE USED FOR ANY ILLEGAL PURPOSE, INCLUDING THE TRANSPORTATION OF A CONTROLLED SUBSTANCEOR CONTRABAND. A VIOLATION OF THIS PARAGRAPH AUTOMATICALLY TERMINATES THE RENTAL AND MAKES RENTER LIABLE TO 2 WHEELS DELUXE AND HOSTING HOTEL FOR ANY PENALTIES, FINES, FORFEITURES, LIENS, RECOVERY, AND STORAGE COSTS, AND ANY RELATED LEGAL EXPENSES ASSOCIATED WITH THE VIOLATION OF THIS PARAGRAPH.
14. ACCIDENTS: THIRD PARTY CLAIMS – 2 WHEELS DELUXE OR THE HOSTING HOTEL ARE NOT RESPONSIBLE IF RENTER CAUSES INJURY TO ANOTHER PERSON OR IF RENTER DAMAGES ANOTHER BICYCLE, VEHICLE OR PERSONAL PROPERTY OF ANOTHER PARTY. RENTER AGREES TO IDMNIFY AND DEFEND 2 WHEELS DELUXE OR THE HOSTINH HOTEL AND PAY ANY CLAIM BROUGHT BY A THIRD PARTY ARISING OUT OF RENTER'S USE OF THE BICYCLE AND FOR ANY LIABILITY ASSOCIATED ANY PERSONAL ACCIDENT INJURY AS A RESULT OF RENTER'S USE OF THE BICYCLE. RENTER ASSUMES RISK OF INJURY. RENTER FULLY ASSUMES ALL RISKS INCLUDING BUT NOT LIMITED TO DEATH OR SERIOUS BODILY INJURY, WHICH MAY RESULT FROM THE OPERATION OF THE BICYCLE. RENTER ACKNOWLEDGES ALL THE RISKS OF OPERATING A BICYCLE ON STREETS, ROADS, BIKE PATHS, BIKE LANES, BIKE TRAILS AND TRAFFIC, INCLUDING BUT NOT LIMITED TO THE RISKS OF SERIOUS BODILY INJURY OR DEATH FROM FALLING OFF THE BICYCLE, COLLIDING WITH OTHER BICYCLES, MOTORCYCLES, MOTOR VEHICLES OR OTHER OBJECTS, HITTING POTHOLES OR SUFFER SUDDEN LOSS OF CONTROL FROM FLAT TIRES DUE TO UNSEEN OBJECTS PUNCTURING OR DAMAGING TIRES OR BRAKESFAILING, AND HAZARDS RELATING TO WEATHER CONDITIONS. DESPITE KNOWING ALL ASSOCIATED RISKS RENTER FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND OR DAMAGE IN THE OPERATION OF THIS BICYCLE AND RENTER AGREES TO HOLD 2 WHEELS DELUXE AND THE HOSTING HOTEL HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE.
16. PAYMENT: RENTER AGREES TO PAY UPON DEMAND: ALL RATES, CHARGES, INCLUDING THE APPLICABLE TO MISCELLANOUS SERVICES AND EQUIPMENT, PLUS APPLICABLE TAXES FEES AND SURCHARGES (IF APPLICABLE) WHICH MAY APPLY TO THE BICYCLE RENTAL; CHARGES FOR LOSS AND OR DAMAGE TO THE BICYCLE IN ACCORDANCE WITH PARAGRAPH 15. RENTER UNDERSTANDS THAT ALL CHARGES ARE NOT FINAL AND ARE SUBJECT TO AUDIT. RENTER SPECIFICALLY AGREES AND AUTHORIZES 2 WHEELS DELUXE AND THE HOSTING HOTEL TO MAKE ANY CHARGES BY THE METHOD OF PAYMENT USED BY RENTER AT TIME OF RESERVATION AND OR RENTAL INCLUDING RENTER'S CREDIT CARD IF THAT FORM OF PAYMENT IS UTILIZED.
17. CREDIT RESERVE AND PAYMENT: RENTER UNDERSTANDS THAT RENTER MUST DEPOSIT AN AMOUNT – SECURITY DEPOSIT – (TO BE USED AGAINST THE FINAL BILL) EQUAL TO THE ESTIMATED TOTAL CHARGE FOR THE BICYCLE RENTAL AT THE RATES INDICATED IN THIS AGREEMENT. RENTER AUTHORIZES 2 WHEELS DELUXE AND THE HOSTING HOTEL TO PLACE ANY AMOUNTS DUE FROM RENTER AS A RESULT OF THE BICYCLE RENTAL ON TO RENTER'S CREDIT CARD IF THAT FORM OF PAYMENT IS UTILIZED.
18. PROPERTY LEFT IN BICYCLE: 2 WHEELS DELUXE OR THE HOSTING HOTEL ARE NOT RESPONSIBLE FOR ANY PERSONAL PROPERTY LEFT ON THE BICYCLE AND RENTER ASSUMES ALL RISK OF LOSS IF RENTER LEAVES ANY SUCH PERSONAL ITEM. RENTER AGREES TO IDEMNIFY 2 WHEELS DELUXE OR THE HOSTING HOTEL IN THE EVENT SOME THIRD PERSON LEAVES ANY PERSONAL ITMES ON THE BICYCLE.
19. COLLECTIONS: ALL CHARGES, FEES AND EXPENSES, INCLUDING PAYMENT FOR LOSS OR DAMAGE TO THE BICYCLEARE DUE UPON 2 WHEELS DELUXE'S DEMAND. IF RENTER DOES NOT PAY ALL CHARGES WHEN DUE, RENTER AGREES TO PAY A LATE FEE CHARGE OF 1.5% PER MONTH ON THE PAST DUE BALANCE. IF COLLECTION OR LEGAL ACTION IS NECESSARY, RENTER AGREES TO PAY ALL 2 WHEELS DELUXE'S COLLECTION COSTS AND REASONABLE ATTORNEY'S FEES. IF ANY CHECK IS NOT HONORED BY A FINANCIAL INSTITUTION, RENTER WILL BE ASSESSED A SERVICE CHARGE OF $35.00.
20. FINES AND EXPENSES: RENTER IS RESPONSIBLE FOR PAYING ALL FINES TICKETS, FEES, ASSESSMENTS, COURT COSTS AND RECOVERY EXPENSES FOR ANY PARKING TRAFFIC OR OTHER VIOLATIONS, INCLUDING STORAGE LIENS AND CHARGES INCURRED OR IMPOSED DURING THE RENTAL OF THE BICYCLE.
21. GENERAL PROVISIONS: RENTER REPRESENTS THAT THE INFORMATION CONTAINED IN THIS RENTAL AGREEMENT IS TRUE ACCURATE AND COMPLETE. IN THE EVENT THAT ANY INFORMATION IS NOT TRUE, ACCURATE OR COMPLETE IN ANY RESPECT, RENTER AGREES THAT 2 WHEELS DELUXE OR THE HOSTING HOTEL HAS THE RIGHT TO TERMINATE THIS AGREEMENT WITH OR WITHOUT NOTICE. RENTER AGREES THAT RENTER WILL BE RESPONSIBLE FOR ANY UNAUTHORIZED REPAIRS OR MODIFICATIONS TO THE BICYCLE. RENTER UNDERSTANDS THAT 2 WHEELS DELUXE OR THE HOSTING HOTEL WILL NOT REIMBURSE RENTERS FOR ANY AUTHORIZED REPAIRS WITHOUT RECEIPT(S). RENTER UNDERSTANDS THAT IN NO EVENT SHALL RENTER BE DEEMED TO BE AN AGENT, SERVANT, OR EMPLOYEE OF 2 WHEELS DELUXE OR THE HOSTING HOTEL, IN ANY MANNER FOR ANY PURPOSE WHATSOEVER. RENTER AGREES THAT 2 WHEELS DELUXE DOES NOT WAIVE ANY RIGHTS UNDER THIS AGREEMENT EXCEPT IN WRITING SIGNED BY A 2 WHEELS DELUXE OFFICER.
22. SAFETY: 2 WHEELS DELUXE DEMANDS THAT ALL USERS WEAR A HELMET AND OTHER SAFETY GEAR AND THEY SEEK INSTRUCTION FROM 2 WHEELS DELUXE OR THE HOSTING HOTEL STAFF IN THE SAFE OPERATION OF THE RENTED EQUIPMENT. 2 WHEELS DELUXE REQUIRES RENTERS AND PARTICIPANTS UNDER 18 YEARS OLD TO WEAR A HELMET. EACH RENTER OR PARTICIPANT OR HIS/HER GUARDIAN MUST MARK HIS/HER CHOICE OF:
YES – I WILL WEAR A SAFETY HELMET AND/OR OTHER SAFETY EQUIPMENT HELMET ON THE LAST PAGE OF THIS AGREEMENT
NO – I REFUSE TO WEAR ANY TYPE OF SAFETY HELMET OR OTHER SAFETY EQUIPMENT AND ACCEPT FULL RESPONSABILITY FOR THIS DECISION BEEING AWARE THAT HELMETS COULD PREVENT PERMANENT BRAIN DAMAGE IN THE EVENT OF AN ACCIDENT.
23. WAVER RELEASE: EACH PERSON UNDERSTANDS THAT BICYCLING CAN BE HAZARDOUS AND CAN RESULT IN INJURY OR DEATH. EACH PERSON ALSO AGREES TO HOLD HARMLESS AND IDEMNIFY 2 WHEELS DELUXE AND THE HOSTING HOTEL AND THEIR EMPLOYEES AND AGENTS FROM ANY LOSS OR DAMAGE INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO THE RENT OF THIS EQUIPMENT. EACH PERSON HEREBY RELEASES 2 WHEELS DELUXE ITS OWNERS, EMPLOYEES AND RENTAL AGENTS, THE HOSTING HOTEL ITS OWNERS, AND EMPLOYEES, FROM ANY AND ALL LIABILITY FOR DANGE OR INJURY TO ANY PERSONS , INCLUDING MYSELF OR ANY PROPERTY RESULTING FROM NEGLIGENCE, INSTALLATION, MAINTENANCE, SELECTION AND ADJUSTMENT AND USE OF THIS EQUIPMENT ACCEPTING MYSELF FULL RESPONSIBILTY FOR ANY AND ALL SUCH DAMAGE, INJURY OR DEATH WHICH MAY RESULT.
ALL INFORMATION IN THIS RENTAL AGREEMENT IS CORRECT AND I AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT
EACH PARTICIPANT OR HIS/HER GUARDIAN MUST MARK AND SIGN HIS/HER CHOICE IN REGARDS TO HELMET WEARINGHELMETS COULD PREVENT PERMANENT BRAIN DAMAGE IN THE EVENT OF AN ACCIDENT
BICYCLE SPEED LIMIT: 15 MILES / HOUR
EACH PARTICIPANT OR HIS/HER GUARDIAN MUST MARK AND SIGN HIS/HER CHOICE IN REGARDS TO HELMET WEARINGHELMETS COULD PREVENT PERMANENT BRAIN DAMAGE IN THE EVENT OF AN ACCIDENT