RENTAL AGREEMENT
National eBike
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RENTAL AGREEMENT
The terms, conditions, and liability waiver contained within this document form a Rental Agreement (hereinafter referred to as Agreement) between National eBike LLC (hereinafter referred to as National) and any persons renting National equipment and services (hereinafter referred to as Participant), including, but not limited to the rental of an “Electric Bicycle” and related accessories and other equipment (hereinafter referred to as EBike) for the purpose of the Rental Agreement (hereinafter referred to as Activities).
This Agreement extends to third party affiliated companies that supply National with EBike equipment (hereinafter referred to as 3rd Party). The term “EBike” is a pedal-assist with throttle electric bicycle provided to Participants by National (supplied by a 3rd Party) that includes an electric bicycle (including frame, tires, seat, electronics, electric power, brakes, gears, shifters, battery, battery charger), various accessories, and safety equipment (as applicable).
COMPLIANCE
Participants agree to abide by the Terms and Conditions outlined in this Agreement. This Agreement constitutes the sole and entire agreement between the Participant and National with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This agreement may only be amended, modified, or supplemented by an Agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment or waiver and signed by each party hereto.
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. If any provision of these terms shall be adjudged by any court of competent jurisdiction to be illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable but shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Prior to operating the EBike participants agree to review the SAFETY CHECKLIST and watch the VIDEOS to ensure they are familiar with the safe operation, charging, storage, and transportation of the Ebike. If Participants are unsure how to perform related tasks, or have additional questions, they will not participate in Activities until they have contacted National for clarification and guidance.
By acknowledging this agreement, Participants authorize National to place any amounts due for Activities on to Participants credit card (or any other form of payment) including a $75.00 damage security deposit.
ACTIVITIES & HAZZARDS
Participants must be familiar with the proper use of EBike equipment used during Activities including (but not limited to) brakes, gears, shifters, display, throttle, chargers, and quick release mechanisms. Participants must be qualified, in good health, and in proper physical condition to participate in such Activities, and willingly agree to comply with the stated customary terms and conditions of participation including local and Florida state laws.
Participants acknowledge and understand the nature of cycling and related Activities. Participants acknowledge and understand that riding an EBike can be dangerous, and Activities require moderate to strenuous exercise and various degrees of skill and experience for individual riders.
Participants agree and warrant that if at any time they believe conditions to be unsafe, they will immediately discontinue participation in Activities. Participants freely assume all risks of personal injury and/or damage associated with Activities and agree to hold National (and 3rd Party) charmless from all claims of injury or damage. Participants acknowledge that it is not safe to ride an EBike in hazardous conditions (including but not limited to uneven or off-road terrain and significant rain or moisture) and assume all risks of riding EBikes under these and/or any other unsafe condition.
Participants assume all risks, including but not limited to death or serious bodily injury, which may result from Activities. Participants acknowledge all the risks of Activities on streets, roads, paths, bike lanes, and in traffic, including but not limited to the risks of serious bodily injury or death from falling; colliding with other vehicles or objects; hitting uneven roadway or holes; sudden loss of control from flat tires due to unseen objects puncturing or damaging tires; brakes failing; and hazards relating to weather conditions.
Participants will not operate the EBike under the influence of alcohol or other drugs (including prescription medications) that impact their ability to safely operate the EBike (or while otherwise incapacitated). Further, Participants acknowledge individuals with serious medical conditions should not operate an EBike.
RELEASE OF LIABILITY
Participant(s), being the age eighteen or above, in consideration Activities and the right to engage in an EBike rental as a Participant, hereby acknowledge, agree, promise and covenant with National and all persons, entities, employees and agents, on behalf of themselves, heirs, assigns, personal representative and next of kin, elect to voluntarily participate in said Activities knowing that certain risk of harm is or may be inherent in the various Activities contemplated herein and that the Activities may be hazardous to me and my property.
Participants release, waive, discharge, covenant not to sue and hold harmless: National and any 3rd Party, partner, employee, servant, representative, associate, officer, agent, volunteer, successor and assigns, (hereinafter referred to as Releasees) from any and all liability, claims, demands, action, judgments, costs, expenses, court costs, attorney fees and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant, or to any property belonging to the Participant, while participating in such Activities, or while in, on, upon, or beyond the premises where the Activities are being conducted.
Participants voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by Participants, or any loss or damage to property owned by Participants, as a result of being engaged in such Activities, whether caused by the, including but not limited to, sole contributory or gross negligence of Releasees or otherwise. Participants further hereby agree to indemnify and hold harmless the Releasees from any loss, liability, damage, demands, liens, liabilities, judgments, or costs, including court costs and attorney fees, that they may incur due to my participation in said Activities, whether caused by or contributed to in whole or part by any action or failure to act, negligence, breach of contract, or other misconduct on the part of Releasees or otherwise.
It is the Participant’s express intent that this Agreement shall bind the members of their family and spouse, if Participants are alive, and their heirs, personal representatives, executors, and assigns, if Participants are deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the Releasees. Participants hereby further agree that this Agreement shall be construed in accordance with the laws of the State of Florida. Participants expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Florida, and if any portion of this Agreement is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
DAMAGES
If the EBike is damaged Participants agree to pay the reasonable costs of repair and diminution in value. If the EBike is damaged beyond reasonable repair (as determined by National) Participants shall be responsible to pay National the replacement value for the EBike plus any pick-up and/or storage charges. Participants authorize National to apply their security deposit, charge the credit card on file, and/or collect from a responsible third party any applicable loss and/or damage.
Replacement Costs
- $1,100.00 – Lectric Step-Thru eBike
- $50.00 – Remote Alarm System
- $80.00 – Pannier Saddle Bags
- $30.00 – Handlebar Extender
- $30.00 – Cell Phone Holder
- $20.00 – Beverage Holder
- $75.00 – Rapid Charger
- $75.00 – Security Lock
- $40.00 – Helmet
Participants are also responsible for any loss and damages if they:
- Abuse the EBike or violate any prohibited use or operation as specified in this Agreement, local, or state law resulting in a fine or other monetary penalty.
- Operate the EBike recklessly resulting in a fine or other monetary penalty.
- Operate the EBike while under the influence of alcohol or any controlled substance resulting in a fine or other monetary penalty.
- Obtain the EBike through fraud or misrepresentation.
- Use the EBike for an illegal purpose.
- Fail to promptly report an accident to the proper authorities and National.
- Fail to obtain a police report.
National is not responsible if Participants damage the property belonging to another party or cause injury to another person. Participants agree to indemnify and defend National and pay any claim brought by a third party arising out of Participants Activities and for any liability associated with any personal accident/injury as a result of Participants Activities.
Participants shall be responsible for paying an additional charge (LOSS OF USE) at the rate of $50 per day (or specified by law) if a Participant delays or refuses to pay for damages within 14 days of the occurrence.
PERSONAL PROPERTY
National is not responsible for any personal property left at National premises or on the EBike before, during, or following Activities. Participants assume all risk of loss if Participants leave any such item and agree to indemnify National in the event some third person leaves any personal items.
All sales are final.
