PARTICIPANT AGREEMENT
READ THIS DOCUMENT COMPLETELY BEFORE SIGNING. ITS EFFECT IS TO RELEASE ENERGIZED BIKES LLC FROM ANY LIABILITY RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES DESCRIBED BELOW, AND TO WAIVE ALL CLAIMS FOR DAMAGES OR LOSSES AGAINST ENERGIZED BIKES WHICH MAY ARISE FROM SUCH ACTIVITIES.
This is a legally binding release, waiver, discharge and covenant not to sue, made voluntarily by me, the undersigned Renter, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives, next of kin and assigns (hereinafter collectively, “Renter,” “I” or “me”, which terms shall also include Renter’s parents or guardian, if Renter is under 18 years of age) to Energized Bikes LLC. As the undersigned Renter, I fully recognize that there are dangers and risks to which I may be exposed by participating in renting electric bicycles and accessory equipment (the “Activities”).
I agree to return the bike in undamaged condition to avoid any additional charges for repair or replacement. I agree to properly lock all borrowed equipment in legal locations when not in my possession. I accept the use of the equipment, as is, and accept full responsibility for care of the equipment while under my possession. Damaged parts or components will be repaired/replaced at the shop’s discretion, and I agree to pay regular shop rates and retail prices for components replaced. Clean condition means normal wear and tear is accepted but does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes. I agree to provide Energized Bikes LLC with credit card details, for precautionary use only: I authorize Energized Bikes LLC to charge the credit card they have on file for me for all eventual costs in case of damages to the bicycle(s) during my rental period, comprehensive of labor, except in the case that I can demonstrate other’s faults with evidence and all necessary information for reimbursement. In case of theft, I will be responsible for reimbursing Energized Bikes LLC for the currently assessed value of the bicycle(s), and any accessories that were provided at the time of the rental.
I affirm that I have adequate medical or health insurance to cover any medical assistance I may require, and that any persons for whom I am responsible also have adequate medical or health insurance to cover any medical assistance they may require.
By renting Energized Bikes LLC equipment, <b>I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME </b>or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.
ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT
Assumption of Risk:
I understand and accept that renting this electric bicycle and participating in electric biking exposes me/my child to 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 understand that these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others, the condition in which the Activities take place, or the negligence of the “Releasees” named below. In addition, there may be other risks and social and economic losses either known or unknown to me; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, third parties or their property and or Energized Bikes LLC property, arising from my rental of the bicycle (and equipment) and/or Activities. 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. My rental of the electric bicycle (including any equipment) and participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.
Waiver and Release:
In consideration of Energized Bikes LLC renting me/my child this bicycle, I specifically release and forever discharge Energized Bikes LLC and its affiliates, officers, owners, agents, and employees (collectively with Energized Bikes LLC, the “Releasees”) from any and all liability or claims for injury, illness (including but not limited to COVID-19), 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 the Releasees. It is my intent to release Energized Bikes LLC 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 Energized Bikes LLC or whether based upon breach of contract, breach of warranty, or any other legal theory. I further agree that if despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. In signing this document, I fully recognize that if injury, illness, death or damage occurs to me/my child while I am engaged in renting this bicycle, as a result of the Activities or participating in bicycling, I will have no right to make a claim or file a lawsuit against the Releasees, even if they or any of them negligently cause my injury/my child’s injury, illness, death or damage.
CALIFORNIA CIVIL CODE SECTION 1542 PROVIDES AS FOLLOWS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
THE UNDERSIGNED, BEING AWARE OF CIVIL CODE SECTION 1542, HEREBY EXPRESSLY WAIVES ANY RIGHTS WHICH I/MY CHILD MAY HAVE UNDER THIS LAW, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.