Terms & Conditions / Safety Waiver

BIKE PACKAGE RENTAL AGREEMENT RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT FOR EFORCE BIKE PACKAGES

In consideration for Eforce Electric Bikes (“Eforce”) allowing me (“Renter”) to use the following equipment package: (hereinafter “Bike Package”), I agree as follows:
1.Rental Period. The Bike Package shall be returned on the date and time specified on the Rental Agreement Form and must be checked into the Eforce office by the posted hours of the due date.
2.Late Fee. A late fee of 100% of the hourly rental rate will be assessed per Bike Package for each hour a Bike Package is returned late beginning fifteen (15) minutes after the rental period ends.
3.Inspection. It is recommended the Renter inspect any equipment item before accepting the item for rental.
4.Damage and Replacement Fee. The Bike Package must be returned clean and in the same or better condition as when it was loaned. Upon return of the Bike Package, the condition of the Bike Package will be inspected. If any part of the Bike Package is damaged, lost, and/or rendered permanently unusable, the charge will be equivalent to the replacement value of the entire equipment item. If a part is broken or lost and can be replaced, the cost of the part will be assigned as a damage fee. Renters will be contacted within a week with the total damage fee amount. Fees will be charged immediately to the Renter’s credit card on file.
5.Cleaning Fee. A ten-dollar ($10) cleaning charge will be applied to each equipment item that is returned excessively dirty. Renters are strongly encouraged to clean off all equipment items.6.Activity and Associated Risks: I may participate in outdoor recreational and cycling activity utilizing the Bike Package.

I understand that: a. Eforce is not providing me with guiding or tour services and therefore makes no warranties, promises, or guarantee that any outdoor recreational and cycling
activity is safe for me or others who may utilize the Bike Package. I understand that Eforce has not verified or approved the safety of any specific outdoor recreational and cycling activity for which I may utilize the Bike Package. b.It is solely my responsibility to determine whether I think any outdoor recreational or cycling activity exposes me to an unreasonable risk of harm or loss. Further, it is solely my responsibility to ensure that I am capable of cycling and operating the Bike Package, and understanding applicable traffic laws and regulations as applied to cycling.c.I understand that the Bike Package includes an electric bicycle, and that using an electric bicycle for cycling is different than using a traditional, non-powered bicycle. An electric bicycle may be faster, accelerate more quickly, have different components, feel differently when riding, respond differently, stop more suddenly, and be controlled differently than a traditional, non-powered bicycle. d.I understand that cycling is an inherently dangerous activity. While cycling, I may be exposed to dangers and hazards, including but not limited to: bike accidents; falling of the bike; colliding with obstacles, motor vehicles, or pedestrians; inclement weather; dangerous motor vehicle traffic; steep downhill and uphill inclines; high speeds; acceleration and deceleration; navigating unfamiliar areas and streets; becoming lost and/or disoriented; laws and regulations governing cycling and traffic; uneven or unmaintained pavement or riding surfaces; narrow streets; heavy and unpredictable pedestrian traffic;injuries; fractures; concussions; equipment failures; negligence of others; and/or death. As a consequence of these risks, I may be seriously hurt, disabled or may die from resulting injuries, and my property may be damaged.7.Assumption of the Risk:I voluntarily choose to use the Bike Package and assume the above-mentioned risks as well as risks not listed, and any harm, injury or loss that may occur to me or my property. I understand that the equipment items in the Bike Package are in used condition and that there are inherent risks in the recreational sports, cycling,and outdoor pursuits associated with the use of this Bike Package. I also understand that I use the Bike Package at my own risk and that it is provided without any warranty about its condition or suitability. On behalf of myself, my heirs, executors and administrators, I voluntarily assume any and all risk of loss as defined and described in this agreement.8.Release/Hold Harmless: I (for myself, my heirs, executors and administrators) hereby release, hold harmless, discharge, and otherwise agree to indemnify Eforce, their managers, employees, agents, and members (“the Released Parties”) from and for any and all claims, demands, liability, lawsuits, injuries (including death), property damage,attorney’s fees, expenses, costs, causes of action, judgments, or awards of any kind or character (“Loss”) that may accrue, arise, or otherwise exist because of my use of the Bike Package. I intend this release to include any Loss sustained by a third party through whom or on behalf of whom (or whose estate) I may assert a claim, lawsuit, or cause of action. 9.Indemnification. Renter acknowledges that there are no warranties applicable to the Bike Package whether express or implied.

THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and the Renter accepts the Bike Package AS IS. In addition, Eforce cannot be held liable for injuries sustained to Renter while using, transporting, or handling the Bike Package. It is the responsibility of the Renter to obtain and follow proper instruction on the safe use of any rented equipment. The Renter holds him/herself completely responsible for any consequences arising from the use of this Bike Package. The Renter understands that the use of recreational outdoor cycling rental equipment involves risk, including risk of serious bodily injury, property damage, or even death. In consideration for being able to use the Bike Package, Renter assumes these risks and indemnifies and holds harmless Eforce, and their officers, employees, and agents from any claim, damage, liability,injury, expense, or loss including attorney’s fees arising from use of the Bike Package,including any claims that Renter’s heirs may have in case of Renter’s death.10.I intend this release, waiver of liability, assumption of risk and indemnity to be as broad and comprehensive as possible as I do not desire that the Released Parties have any liability, directly to me, my spouse, my child, or indirectly to any medical provider or insurer, arising from my use of the Bike Package.I have read and understand the contents of this Agreement, voluntarily sign this Bike Package Rental Agreement, and accept full responsibility for the Bike Package while it is checked out in my name.I have read, understand, and have freely and voluntarily signed this Release, Waiver of Liability, Assumption of Risk, and Indemnification.