The following is a copy of the waiver you will be required to sign at OCEANSIDE E-BIKES before beginning your tour or receiving your e-bike rental:
OCEANSIDE E-BIKES RENTAL AGREEMENT Waiver of legal rights. Read Carefully.
Renter’s Name (Please print): ______________________________ ________________ (the “Renter”) Renter’s Age if Minor (Under 18 years of age): __________
Adult’s Name Responsible for Minor (Please print): _____________________________________________ Address: ______________________________________________________________________________ Phone No.: __________________Email Address: _________________________Rental Date: ___________ Property Rented: ________________________________________________________________________ Start Time of Rental: ___________ Length of Rental: _____________ Return Time of Rental: ___________ Under 18 Years Old Only:
Emergency Contact: ________________________ Cell Phone Number: _____________________________
In exchange for the rental of property from Oceanside E-Bikes, LLC (“OEB”), including, but not limited to, electric bikes, non-electric bikes, boogie boards, helmets, locks, racks, GPS devices, and safety gear (“Property”), I agree for myself, and, if applicable, the minor for whom I am the responsible parent or legal guardian (hereafter “adult responsible for minor”), as follows:
Rental Fees: Renter agrees to pay the 4- or 8-hour rental rates, or other such rates as OEB may establish, for use of the Property, plus any applicable taxes. In addition, if upon return of the Property it requires cleaning, or other maintenance, beyond that which, in the complete discretion of OEB, is expected, Renter agrees to pay a charge of $150 for each applicable item of Property.
Property Return: Renter agrees to return the Property to OEB in the same condition as received, except for ordinary wear and tear (which does not include flat tires), at the return time indicated above, and at the location specified by OEB. If requested by OEB Renter agrees to return the Property sooner than the return time. If OEB requests an early return of the Property, and it is returned in the same condition as received, a pro-rata refund will be given for each full hour of unused rental time. Renter agrees to pay the full cost of repair of any Property returned in damaged condition, regardless of fault, including labor charges for such repair. In addition, Renter agrees to pay for the loss of use of the Property, administrative fees, as determined by OEB or specified by law, plus any towing, pick-up, and storage charges. In the event the Property is damaged and cannot be repaired Renter agrees to pay the replacement cost of similar property less any salvage payment received by OEB. Renter will be charged 150% of the hourly rental rate of the Property for every hour late the Property is returned, up to a maximum of three times the original rental charge. If Property is not returned within forty-eight (48) hours OEB may consider the Property lost and Renter agrees to pay the replacement cost of such Property. Renter authorizes OEB to collect from a responsible third party for any damage or loss to Property. In the event OEB obtains a recovery from a third party after Renter has paid OEB for all or part of any damage or loss, OEB will refund to Renter any excess above the amount of damage or loss incurred by OEB, including, loss of use and all costs or fees associated with obtaining the recovery.
Safety and Law: Renter agrees to abide by OEB safety guidelines and policies, including those in printed form, video, communicated by OEB staff or otherwise conveyed. Renter acknowledges that minors under 16 years of age are not permitted to use an electronic bike and Renter is not under the age of 16 nor will Renter allow someone under the age of 16 to use a rented electronic bike. Renter also acknowledges that there are laws which do, or may, apply to use of the Property, and they are responsible for being aware of, and abiding by, those laws. Failure to abide by OEB safety guidelines and policies, or the law, will result in termination of the Rental Agreement, immediate return of the Property, and no reimbursement or cancellation of fees paid or owed as applicable.
Renter Health: The Renter is in good health and physically and mentally capable of participating in rigorous physical activities, including, but not limited to, those which relate to use of the Property, such as, walking, swimming, peddling a bike, and exposure to weather conditions (“activities”). Information on the health and physical capability of the Renter, or any other information provided with respect to the Renter, by the Renter, and, if applicable, the undersigned adult responsible for the minor Renter, is accurate.
Assumption of Risk: There are risks and dangers inherent in participating in the activities, including, but not limited to the risks of operating a bike on streets, roads, bike paths, parking lots, crossing busy roads, in bike lanes, and in traffic, and swimming in the ocean, which may result in physical injury, up to and including death, emotional injury, injury to third parties, and damage to the Property and the property of third parties, and those risks and dangers are knowingly and voluntarily accepted, unless expressly excluded herein, and responsibility is assumed by the Renter and, if applicable, the undersigned adult responsible for the minor Renter, for those risks and dangers, and all other risks and dangers which arise out of the Renter’s participating in the activities. Renter acknowledges that they have been advised by OEM to use a helmet when riding a bike, either electric or non- electric.
Equipment: It is understood that OEB does not manufacture the Property but obtains the Property from third parties and does not represent or warrant that the Property is free from defect, and safe, and does not assume any liability whatsoever arising from the Property.
Insurance and Health Care: The Renter, either personally, or through a source other than OEB, has insurance coverage which would provide coverage for any losses, claims, injuries, liability, damage, or other insurable event that could occur through Renter’s use of the Property. Furthermore, OEB does not provide insurance coverage for Renters, nor does OEB render health care, or medical advice, to Renters or others.
Release of Liability: OEB, and the landlord of OEB, Granada Plaza Group, LLC, will not be liable for injury, including without limitation, personal, bodily, or mental injury, economic loss, or any other damage to Renter, or anyone else who is with the Renter, or who might make a claim through the Renter by familial or other relationship, arising from Renter’s activities, the activities of others, or which is in any way related to the use or rental of the Property, except for injury, loss, or damage, which was solely the result of gross negligence or intentional misconduct by OEM, Granada Plaza Group, LLC, or a duly authorized representative of OEM or Granada Plaza Group, LLC. Renter acknowledges this limitation on liability and expressly releases OEB, Granada Plaza Group, LLC, their owners, shareholders, members, officers, managers, employees, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on OEB and Granada Plaza Group LLC’s behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES RENDERED BY, OR NEGLIGENCE OF, OEB OR GRANADA PLAZA GROUP, LLC), demands for loss, damages, injuries, or any other causes of action relating in any way to rental of the Property, AND I AGREE THAT RENTER, THEIR FAMILY AND HEIRS WILL NOT SUE OEB OR GRANADA PLAZA GROUP, LLC OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM OEB OR GRANADA PLAZA GROUP, LLC’S NEGLIGENCE. In no event will OEB or Granada Plaza Group, LLC’s liability to Renter be greater than the amount of the fees paid by the Renter to OEB for Property rental, even if the amount of damages suffered by Renter may be greater than this amount. Furthermore, in no event will OEB or Granada Plaza Group, LLC be liable for any indirect, special, implied, incidental, consequential or other damages, however caused, whether for breach of contract, negligence, or otherwise, and whether or not advised of the possibility of such damages occurring.
Indemnification and Hold Harmless: The Renter, and, if applicable, the adult responsible for the Renter, agrees to indemnify, defend, and hold harmless OEM and Granada Plaza Group, LLC from any and all, claims, actions, suits, procedures, costs, expenses, damages and liabilities, including, but not limited to, attorney fees, including attorney fees for seeking entitlement to and amount of attorney fees and for any appeal, in any way arising from Renter’s activities, the activities of others, or which is in any way related to the rental or use of the Property, except for those which arise from the gross negligence or intentional misconduct of OEB or Granada Plaza Group, LLC.
Permission to Use Likeness and Name: The Renter’s likeness and name may appear, and otherwise be used, in material, regardless of media form, promoting OEB.
Severability: The assumption of risk, release, and waiver of liability, contained herein is intended to be as broad and inclusive as permitted by law and if any portion is held invalid it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Arbitration of Disputes; Time Limit to Bring Claim: Any dispute, claim, or controversy, arising from the Renter’s rental or use of the Property or participation in activities (“dispute”), will be arbitrated. Renter, and, if applicable, the adult responsible for Renter, acknowledges that they understand that by agreeing to arbitrate any dispute, they are waiving their right, and the right of any minor child for whom they are responsible, to maintain a lawsuit against OEB and Granada Plaza Group, LLC for any and all claims covered by this Agreement. By agreeing to arbitrate, they understand that they will NOT have the right to have their claim(s) determined by a jury, and any minor child for whom they are responsible will NOT have the right to have their claim(s) determined by a jury. Reciprocally, OEB waives its right to maintain a lawsuit against them and the minor child for whom they are responsible for any and all claims covered by this Rental Agreement and will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN VOLUSIA COUNTY, FLORIDA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). Renter, and if applicable the adult responsible for Renter, understands and acknowledges that the JAMS Arbitration Rules to which they agree are available online for their review at jamsadr.com and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and Policy On Consumer Minimum Standards Of Procedural Fairness.
Term: Renter, or if applicable the adult responsible for Renter, understands that this Rental Agreement extends forever into the future and will have full force and legal effect each and every time Renter rents Property from OEM.
Modifications: This Rental Agreement cannot be modified or changed in any way by the representations or statements of any employee or agent of OEM or of Renter.
Acknowledgement of Understanding: The undersigned has read this Rental Agreement and has had the opportunity to ask questions about the same. The undersigned fully understands this Rental Agreement, that the undersigned and any minor for whom they are responsible, are giving up substantial rights, and that its terms are contractual, and not a mere recital. The undersigned acknowledges that they are signing this Rental Agreement freely and voluntarily.
_____________________________________________________ Signature of Renter Date
_____________________________________________________ Signature of Adult Responsible for Minor Date
(if Renter is under the age of 18)
_____________________________________________________ Signature of Oceanside E-Bikes, LLC Date
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