DRIFT E-BIKE RENTALS LTD ELECTRIC BIKE RENTAL AGREEMENT,
(hereinafter referred to as the “Agreement”)
BY SIGNING THIS DOCUMENT YOU AGREE TO ALL RENTAL TERMS WITHIN THIS AGREEMENT
TO: Drift E-Bike Rentals Ltd. (“Drift”) AND its directors, officers, representatives, affiliated companies, subsidiaries, agents, contractors, employees, successors, suppliers, sponsors, subcontractors, manufactures, distributors, and assigns (all of whom are hereinafter collectively referred to as “the Releasees”).
DEFINITION: In this Agreement, the term “Electric Biking” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but shall not be limited to: electric biking; electric bike rental; orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to electric biking or the rental of electric biking equipment. All rented electric biking equipment by participants from the Releasee shall be called the “Equipment”).
ELECTRIC BIKING SAFETY: I acknowledge that I have been advised to wear a helmet and have been advised that wearing an approved helmet while Electric Biking is mandatory under Provincial law. I am aware that Electric Biking is subject to all applicable municipal and provincial highway traffic regulations. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the equipment. If I decline to rent or wear a helmet, I do so at my own risk. I acknowledge that DRINKING WHILE OPERATING THE EQUIPMENT IS PROHIBITED. Should I be found drinking while operating, I accept full responsibilities for my actions. I acknowledge that I must, at all times, operate the Electric Bike in accordance with all Provincial laws, which have been explained to me by Drift.
RENTAL AGREEMENT: I accept full responsibility for the Equipment and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed upon date. I agree to return the Equipment in the same condition as when received by me and to repair and/or replace any and all lost, stolen, damaged, or broken parts and understand that I may be required to reimburse Drift E-Bike Rentals Ltd (“Drift”) for any lost, stolen, damaged, or broken parts. I understand that I will be fully responsible for the Equipment, regardless of whether or not I am at fault. I accept use of the Equipment AS IS, I understand that the Equipment is provided to me in good condition, and accept full responsibility for care of the Equipment while it is in my possession, regardless of any manufacturer defects. I agree to return the equipment in clean, UNDAMAGED condition to avoid any ADDITIONAL charges for repair, maintenance or replacement. For clarity, ‘good condition’ includes normal wear and tear to the Equipment but does not include flat tires, broken spokes, rims, bent rims, damaged frames, handlebars, seats, or other parts from misuse and/or crashes. Damaged parts or components will be repaired and/or replaced at the sole discretion of Drift, and I agree to pay regular shop rates and retail prices for components replaced. I acknowledge that all Equipment is maintained on a daily basis. It is my responsibility to check the equipment at the shop BEFORE setting out on any ride, and to advise the staff of any perceived problems with the condition of the equipment prior to departing the shop with the equipment.
UNAUTHORIZED DRIVERS, PASSENGERS, AND TOWING PROHIBITED: No other person may drive or otherwise operate the bicycle except the Customer. Customer is prohibited from carrying any passengers on the bicycle at any time. Customer may not add any kind of seat or modification to allow someone to ride on the rear fender, and no one may ride on the handlebars or crossbar at any time. Customer is prohibited from pulling or towing any passenger or object with the bicycle at any time.
AUTHORIZED USERS: I understand that Customers must be over the age of 19 to participate in Electric Biking. I have provided valid government issued ID and I declare that I am over the age of 19.
DEPOSIT: To rent the Equipment, a security deposit for damages or loss on all Equipment is required, in the form of a signed and imprinted credit card authorization plus the driver’s license, passport, or other government-issued photo ID of the Customer. Any deposit given by the Customer may be applied by Drift to any repairs necessary to the Equipment. If an action is brought to enforce any of the terms or conditions of this Agreement, or to recover any sums due to hereunder, the Customer agrees to pay all attorneys’ fees, court costs, or other expenses incurred by Drift.
ADDITIONAL FEES: (LATE RETURN) Customers who return the Equipment after the date & time specified on their rental contract shall automatically incur an additional 2 hour’s rental fee which Drift may apply to any preauthorized credit card provided. All equipment must be returned directly to Drift. (THEFT) Customers will be responsible for safely and properly securing the Equipment, in acceptable locations, to protect against theft and damage when Equipment is not in the Customers possession. If the Equipment is stolen while in the Customer’s possession, the Customer will be responsible for the full replacement cost of all stolen or missing Equipment.
TERMINATION OF AGREEMENT: Customer agrees that Drift has the right to terminate this agreement at any time, for ANY REASON WHATSOEVER and to re-take possession of said Equipment, and for said purpose Drift may enter upon the premises of the Customer without becoming liable for trespass.
SUBLEASING PROHIBITED: Customer understands and agrees that any subleasing or re-letting of the Equipment is prohibited and that any such sublease or re-letting shall immediately cause termination and cancellation of this Agreement.
ASSUMPTION OF RISKS: I am aware that Electric Biking and the rental of the Equipment involves many risks, dangers and hazards including, but not limited to: personal injury, death, mechanical failure of the Equipment, loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams and creeks and manmade structures such as bridges, ladders, berms and jumps; changing weather conditions causing variable or difficult conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for Electric Biking; travel on highways and backcountry roads; encounters with domestic and wild animals including dogs, bears and cougars; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated, from ones party; failure to act safely or within ones own ability and failure to follow cycling Regulations, restrictions and rules of the road; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ELECTRIC BIKING. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ELECTRIC BIKING AND THE RENTAL OF ELECTRIC BIKING EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
CUSTOMER LIABILITY: I freely and willingly assume liability for any and all damage or loss to personal property, accident or injury to myself or any other persons related to my use or any other customers use of the Equipment.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS PRIOR TO SIGNING, AND I AM AWARE THAT BY SIGNING, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.