TERMS AND CONDITIONS
Rental Agreement & Waiver
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THE FOLLOWING IS A WARNING, RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT BETWEEN THE RENTING PARTY (hereinafter collectively referred to as I) AND RENTAL COMPANY White Pine Outfitters, LLC (hereinafter referred to as White Pine Outfitters):
I acknowledge that bicycling can be a hazardous activity that involves risks that may cause injury to myself or others and be fatal to myself of others. I am aware that cycling activities involve many risks, dangers and hazards including, but not limited to: changing weather conditions; mechanical failure of the equipment; loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the cycling surface including holes or depressions in the roads; exposed rock, snow, ice, earth and other natural objects; streams, creeks and rivers; cliffs and crevasses; collision with exposed rock, snow, ice, earth, trees or other natural or man-made objects on or adjacent to the cycling terrain; encounters with wildlife, collision with pedestrians, vehicles or other cyclists; becoming lost or separated from the guides or instructors or other participants; failure to cycle safely or within one's own ability or within designated areas; negligence of other participants; and acknowledge that White Pine Outfitters or their staff cannot safeguard or protect me from the risks, dangers and hazards of adventure activities. I am also aware that the risks, dangers and hazards referred to above exist throughout the area used for cycling and that many are unmarked. I am aware of the risks, dangers and hazards associated with cycling activities and i freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
I acknowledge that White Pine Outfitters provides a free rental helmet with each bicycle rented (required by local and state law) and that I have been advised to wear an approved helmet while cycling. I am aware that the use of the bicycle is subject to any applicable municipal and provincial highway traffic regulations. I am familiar with the proper use of the bicycle, including all quick release mechanisms, brakes and gear shifters. I will not attempt repairs or removal of bike parts held by screws or nuts. I AM RESPONSIBLE FOR ANY DAMAGE TO THE RENTAL BICYCLE OR BICYCLE PARTS AND ACCESSORIES INCLUDED WITH THE BICYCLE DURING MY RENTAL. I AM FINANCIALLY RESPONSIBLE FOR REPLACING OR REPAIRING THE BICYCLE AND ANY OF ITS COMPONENTS UPON LOOSENING OR REMOVING & REINSTALLING PARTS, OR BENDING, BREAKING, RIPPING OR THEFT DURING MY RENTAL, AND I HEREBY PERMIT WHITE PINE OUTFITTERS TO CHARGE ASSOCIATED COSTS TO THE CREDIT CARD WITH WHICH I PAID FOR THE RENTAL.
I agree to indemnify and hold harmless White Pine Outfitters, including owners, agents, employees, volunteers, landlords, tenants, sponsors, advertisers and any other entity or persons acting on their behalf, from any and all liability for damage, injury or death to myself, or to any other person or property, which are in any way connected to my participation in the activity stated herein. I waive my right to present any legal claim or lawsuit against these entities or persons regardless of how any damage, injury or death may have occurred, through negligence or any other manner considered through legal claim. In the same way I also agree to indemnify and hold harmless the owner of the property into which the bike rack owned by White Pine Outfitters is installed, including, but not limited to Cheshire Lads, LLC; Visser Brothers Development, LLC and all tenants of the building therein.
I agree to release, discharge, indemnify and hold harmless all manufacturers and/or distributors of any equipment provided to me by White Pine Outfitters, including but not limited to bicycles and helmets, components of bicycles, from any liability for damage, injury or death to myself, or any other person or property, which are in any way connected to my participation in the 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.
As of the date of rental, I signify that I am at least 18 years of age. If I am signing on behalf of a minor as a parent or guardian, I accept full responsibility for all expenses, including medical expenses, incurred as a rental of the bicycle and any equipment. I also agree to release, hold harmless, and indemnify anyone associated with White Pine Outfitters or the rental of this bicycle for any damages, injuries or death sustained by the minor renting the bike or for which he or she may be liable to other persons as a result of the described activities.
I acknowledge that it is my responsibility to return any rented bicycle(s) or equipment under any circumstance and that White Pine Outfitters does not perform pick-up service. White Pine Outfitters will provide a lock at the beginning of the rental period. I understand that provision of a lock is not a guarantee against theft or loss; the bicycle will remain my responsibility even using a lock. I agree and understand that in the event that any rental bike or piece of equipment are lost, stolen or damaged, I will forfeit my security deposit and immediately pay White Pine Outfitters the total cost to replace or repair rental bikes and equipment at retail replacement cost, including rental fee.
I understand that there is a minimum rental fee associated with the rental of any bicycle regardless of how long the bicycle or equipment was rented and in my possession. I agree to pay the total cost of bicycle rentals and equipment prior to the commencement of the rental.
I understand that this contract is a warning, release of liability and indemnity agreement as is legally allowed, I agree that if any portion of this contract is found to be void, invalid or unenforceable, the remaining portions shall remain in full force and effect. I agree that this contract shall be binding for myself, my children, my heirs, assignees, executors, and personal representatives and administrators of my and/or their estate(s).
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY CHECKING THE BOX ON THE RENTAL PAGE I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.