Liability and Indemnification Waiver
(Please read this Form. It is Required to be signed by the Responsible Persons at the time of bike delivery).
THIS EQUIPMENT RENTAL AGREEMENT IS MADE AND ENTERED INTO AS OF THE __________DAY OF __________________2016 BY AND BETWEEN THE UNDERSIGNED AS LESSEE (THE “LESSEE”) AND READY TO ROLL BIKE RENTALS LLC (THE “LESSOR”).
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The Lessee _____________________________________ hereby expressly assumes all risks, seen and unforeseen, of operating any and all equipment subject to this lease agreement and hereby agrees not to sue the lessor for negligence in the event the Lessee is injured in any way as a result of the operation of this equipment.
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The lessee acknowledges that the operation of the equipment subject to this lease includes the possibility of accidental injury, death, or operation in hazardous travel conditions, which may be present at the time of use which include, but are not limited to ruts, potholes, gravel, sand, roads slippery due to oil, water, animals, other traffic and the lessee hereby agrees to assume the risk of any injuries resulting from any of the above named hazards encountered while operating the equipment in question.
3. LEASE OF EQUPIMENT. The lessor hereby agrees to rent to the lessee, and the lessee hereby agrees to rent from the lessor, the equipment specified below (collectively called “equipment”) upon the terms and conditions contained within this agreement.
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FEES AND CONDITIONS OF EQUIPMENT. The Lessee shall pay all charges set forth below and return the equipment at the time designated by the Lessor and in the same condition as when possession of the equipment was delivered by the lessor to the Lessee. The Lessor reserves the right to charge additional late or damage fees to the credit card of the Lessee. In the event that only one Lessee provides identification and signs this agreement and there are multiple users of the rental equipment, that signator shall accept complete responsibility for those additional Lessees, according to this contract. This responsibility shall also extend to the party that has paid for charges with a credit card. In the event of any late charges or damages, the party accepts full responsibility for paying for any other renter’s obligations to the Lessor and agrees to let the Lessor make additional charges to their credit card, if necessary, upon the Lessor’s inspection of the equipment upon the Lessee’s return of said equipment.
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SOLE USE. The Lessee shall be the sole operator and exclusive user of the equipment in question. The Lessee acknowledges and agrees that if anyone other than the Lessee operates the equipment, those persons must be listed by name on the contract as the sole user of the equipment.
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MINORS. If the user of the equipment is a minor, the parent or legal guardian must also execute this agreement as an additional Lessee. The parent or guardian agrees to be fully bound by the terms of this agreement as a party hereto, and to undertake the legal obligations hereof, including those imposed by the rental payment and indemnification provisions, by rendering Lessor harmless from all injuries or damage incurred to himself/herself, or any minor child, third party or any damage to any property, whatsoever, including situations wherein any damage or injury is caused by Lessor’s own negligence, if any.
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RISK OF LOSS. The Lessee shall pay for all damages to or loss of the equipment until the equipment is returned to the Lessor’s possession.
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LIABILITY OF THE LEASEE. The Lessee including the parent of any minor permitted to rent the equipment, shall be solely liable for and shall indemnify and save harmless the Lessor from any and all property damage, personal injuries to self, passengers and/or third parties arising from the use of the equipment while under Lessee’s possession, control or operation. This release of liability and to save harmless and indemnification provision shall apply even if the negligence is due to the Lessor’s own negligence or the Lessor has contributed to the damage or injury in any way.
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INDEMNIFICATION AND HOLD HARMLESS. The Lessee further agrees to indemnify, defend, and hold harmless Ready to Roll Bike Rentals, LLC, its officers, agents, trustees, or employees from any and all liabilities, damages, claims, lawsuits, attorney’s fees, and actions of any kind for damage or injury arising out of Lessees participation in the activity of riding a bike, including any damage, loss or injury caused by any act or omission on the part of Ready to Roll Bike Rentals, LLC.
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SEVERABILITY: The Lessee also agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of New Jersey and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
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REPOSSESSION. The lessor reserves the right to repossess the equipment at any time should the Lessee violate any local and/or state regulations, statutes and laws dealing with the operation of the equipment or any of the terms and condition of this agreement.
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RIGHTS UPON REPOSESSION. The Lessor may repossess the equipment for improper operation as deemed by the Lessor, in its sole discretion, and there shall be no refund to the Lessee of amounts previously paid by the Lessee to the Lessor hereunder in the event of as such repossession.
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APPLICABILITY OF AGREEMENT. The Lessee acknowledges and agrees that they have read this agreement and understands all of terms and provisions contained herein.
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WARRANTY DISCLAIMER. THE LEASOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR OTHER REPRESNTATIONS AS TO ANY MATTER WHATSOEVER INCLUDING AND WITHOUT LIMITATION TO THE CONDITION OF THE EQUIPOMENT, ITS MERCHANT ABILITY OR ITS FITNESSS FOR A PARTICULAER PURPOSE. In no event shall any defect in, or unfitness of, any of the equipment relieve the Lessee from his obligation to pay rent for such equipment, or to make any other payments required hereunder or of any other obligations of the Lessee hereunder.
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HEADINGS. The headings in this agreement are for convenience only and shall not affect the meaning or interpretation of any this agreement or any provision hereof.
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GOVERNING LAW. This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. The parties hereto acknowledge and agree that the terms of this agreement are binding under the state and local laws relating to the subject matter hereof. It is the intention of the Lessee by this agreement to exempt and release Ready to Roll Bike Rentals LLC and it’s agents, servants, and/or employees and all related entities from all liability whatsoever for personal injury, property damage, or wrongful death or negligence of any party. I have fully informed myself of the contents of this document by reading it before I signed it, on behalf of myself and/or my heirs. I certify that I am over 18 years of age and suffer under no known legal disabilities.
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The undersigned hereby states that he or she is a competent user of the equipment and has previous experience riding a bicycle and that he/she will observe these bike rules: 1) DO NOT RIDE BIKES WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. 2) THERE WILL BE A $20 FINE FOR EACH LOCK, KEYS AND HELMET NOT RETURNED WITH BIKE. 3) NO MORE THAN ONE RIDER ON A BIKE. 4) DO NOT RIDE AT NIGHT BECAUSE BIKES ARE OT EQUIPPED WITH LIGHTS. 5) LESSEE WILL BE CHARGED UP TO $300.00 FOR DAMAGE, LOSS OR THEFT. 6) RIDE IN A SINGLE FILE AND ON THE RIGHT SIDE OF THE BIKE PATH. 7) LOOK BOTH WAYS WHEN CROSSING ROADS AND DRIVEWAYS. 8) BIKE HELMETS ARE MANDATORY WHEN RIDING A BIKE IN THE STATE OF NEW JERSEY.
BIKE: ID# RENTAL PERIOD
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TIME OUT: TIME IN: INSPECTED 0 YES 0 NO
NAME ADDRESS
SIGNATURE DATE