This Release of Liability Waiver and Indemnity Agreement ("Agreement") is made and entered into as of [Date] by and between [Rental Company Name] ("Company"), a [State of Incorporation] [Business Structure (e.g., corporation, LLC)], with a principal place of business at [Company Address], and [Renter Name] ("Renter"), residing at [Renter Address].
WHEREAS, Company offers the rental of bicycles and related equipment (collectively, the "Equipment"); and
WHEREAS, Renter desires to rent the Equipment from Company.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Release of Liability. Renter hereby releases, discharges, and waives any and all claims, demands, losses, damages, rights of action or causes of action of any kind, known or unknown, arising out of or in any way connected with Renter's rental and use of the Equipment, including but not limited to:
2. Waiver of Claims. Renter waives any and all rights and benefits conferred by any statute or regulation that would otherwise limit the effect of this Agreement, to the fullest extent permitted by law.
3. Assumption of Risk. Renter acknowledges and understands that cycling involves inherent risks, including but not limited to:
Renter understands that these risks cannot be eliminated and voluntarily assumes all risks associated with the rental and use of the Equipment.
4. Pre-Rental Inspection. Renter acknowledges that they have been given the opportunity to inspect the Equipment before rental. Renter agrees to report any damage or mechanical concerns to Company staff before riding the Equipment.
5. Helmet Use. Renter acknowledges that all applicable laws require the use of a properly fitted helmet while riding a bicycle. Company recommends that all riders wear a helmet, regardless of legal requirements. Renter agrees to obtain and wear a properly fitted helmet during the rental period. (Modify based on your policy)
6. Use of Equipment. Renter agrees to use the Equipment only for its intended purpose and in a safe and responsible manner. Renter agrees to comply with all applicable traffic laws and regulations while riding the Equipment. Renter is responsible for any damage caused to the Equipment due to their misuse or negligence.
7. Return of Equipment. Renter agrees to return the Equipment to Company in the same condition as it was rented, normal wear and tear excepted, by the agreed-upon return time. Renter is responsible for any late fees associated with the delayed return of the Equipment.
8. Security Deposit (Optional). Company may require a security deposit from Renter at the time of rental. The security deposit will be refunded upon the return of the Equipment in good condition.
9. Indemnity. Renter agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and volunteers (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with Renter's rental and use of the Equipment, including but not limited to:
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
11. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
12. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
14. Minimum Age Requirement. Renter represents and warrants that they are at least [Minimum Age] years old. (Modify based on your policy)
15. Additional Disclosures (Continued)
16. Signature Requirements
Print Name:
Date:
Title:
Disclaimer: This template is for informational purposes only and should not be considered a substitute for legal advice. It's highly recommended to consult with a lawyer to ensure your bike rental waiver template meets all legal requirements in your jurisdiction and effectively protects your business.
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