Rental Agreement, Assumption of Risk, Waiver and Release

(hereafter, “the Customer”), agree to rent bicycles, helmets and other equipment as agreed (“the Equipment”) from Here by Cycle, in accordance with the terms and conditions listed below. I confirm that I have read and accepted the terms of this Rental Agreement, and the attached Assumption of Risk, Waiver and Release.

The customer accepts use of the equipment, AS IS, clean and in good condition, and accepts full responsibility for care of the equipment while under his/her possession. Renters are encouraged to check their bike and equipment and raise any concerns before starting their ride. If the bike becomes dirty during a rental period less than a couple of days duration, customers are requested not to clean the bike themselves to prevent damage. If renting for longer than three days, customers are requested to hose mud and loose debris from the bike to help prevent rusting.

CONDITION OF BICYCLES AND EQUIPMENT

I agree to operate the Equipment in a safe and prudent fashion. I have inspected the Equipment and confirm that it has been provided to me in a clean, safe and usable condition, and I agree that I will return it to Here by Cycle in the same condition it was provided to me, subject to reasonable wear and tear. Reasonable wear and tear does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes.

If I damage the Equipment, I agree to pay Here by Cycle’s costs to repair or replace the Equipment, which will be done at Here by Cycle’s discretion, and I agree to pay Here by Cycle’s costs to replace parts, and to pay their current rates for repair, which are available to me at my request.

LATE RETURNS

Late returns are subject to rental rates for the additional time above the period agreed upon at the time of rental, in half day increments.

LOST OR STOLEN BICYCLES OR EQUIPMENT

Here by Cycle will provide one chain-style bike lock for each rental bicycle. This lock is not intended to keep out determined and professional thieves and is meant to provide minimum security during daylight hours in low crime areas. The Customer is responsible for using care in choosing a safe place to secure the bike when not in use during the rental period, and for having a locked shed, garage or bike locker to keep the bike if keeping rentals overnight.

Bicycles or equipment which are lost or stolen while under a rental agreement will be replaced at Here by Cycle’s discretion at regular retail prices. The Customer will be notified of the replacement costs within 24 hours of the report of the theft and provided a cost estimate before charging replacement costs to their credit card.

ASSUMPTION OF RISK

I understand and accept that renting this bicycle and participating in bicycling exposes me/my child to many hazards that may entail unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. I also understand I/my child should be in good physical health to participate in bicycling, and I confirm that I/my child have no significant health issues that prevent me/my child from participating in bicycling, nor have I/my child been diagnosed with a condition that prevents me from bicycling. In spite of the aforementioned risks and acknowledgements, I hereby assume all risk of injury or loss of life to myself/my child and loss of or damage to property arising out of renting this bicycle and participating in bicycling. I understand the inherent risk involved in using this rental bicycling equipment and accept full responsibility for any and all such damage or injury which may result.

WAIVER AND RELEASE

In consideration of Here by Cycle renting me/my child this bicycle, I specifically release and forever discharge Here by Cycle and its affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which I/my child may suffer while renting this bicycle and participating in bicycling. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Here by Cycle or its affiliates, officers, agents, or employees. It is my intent by the Waiver and Release Agreement to release Here by Cycle and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Here by Cycle or whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this document, I hereby agree to indemnify and save harmless Here by Cycle, its owners, employees and agents, against any claims brought by me, or on my behalf or on behalf of any person for whom I am responsible, and against any costs they may incur in investigating and defending such claims, including against their legal costs, on a solicitor and client basis. I fully recognize that if injury, illness, death or damage occurs to me/my child while I am engaged in renting this bicycle or participating in bicycling, I will have no right to make a claim or file a lawsuit against Here by Cycle or its affiliates, officers, agents or employees, even if they or any of them negligently cause my injury/my child’s injury, illness, death or damage.

I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND ITS CONTENT, AND I AM AWARE THAT I HAVE A RIGHT TO HAVE THIS RENTAL AGREEMENT, ASSUMPTION OF RISK, WAIVER AND RELEASE REVIEWED BY A LAWYER OR OTHER PROFESSIONAL. I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND I SIGN IT VOLUNTARILY. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

By signing for a minor, I am agreeing that I am their parent or legal guardian and am releasing Here by Cycle from any claims, lawsuits or responsibilities for that minor.

BY CLICKING SUBMIT, I AGREE TO THE TERMS OF THE HERE BY CYCLE - BICYCLE RENTAL AGREEMENT, ASSUMPTION OF RISK WAIVER AND RELEASE ABOVE AND PROVIDE THIS RELEASE TO HERE BY CYCLE, SIDNEY, BC