Prohibited Use of the Ebike/s: No dirt-trail use! Renter will not use or permit the Ebike/s to be used for hire, to be operated in a test, race or contest, or for the Ebike/s to be ridden on any unpaved roads or through water, or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the SUP/Bicycle to be used for an illegal purpose. A violation of this paragraph automatically terminates the rental and makes Renter liable to BB for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
Damage to Ebike/s: Renter shall pay BB for all losses and/or damage to the Ebike/s: including theft or vandalism, regardless of fault. If the Ebike/s is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value. If the Ebike/s is damaged beyond reasonable repair (as determined by BB), renter shall be responsible for the retail fair market value less any salvage value, if applicable. In addition, Renter shall also be responsible for the loss of use, administrative fees, as determined by BB or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Renter shall be responsible for paying loss of use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (1) abuses the Ebike/s or violates any prohibited use or operation as specified in this Agreement; (2) rides recklessly; (3) rides while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and BB; (5) fails to complete an accident report; (6) obtains the Ebike/s through fraud or misrepresentation; or (7) uses the Ebike/s for an illegal purpose. Renter authorizes BB to collect from a responsible third party any applicable loss and/or damage. In the event BB obtains a recovery from a third party after Renter has paid BB for all or part of any loss, BB will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s’ fees.
Accidents-Third Party Claims: BB is not responsible if Renter causes injury to another person or if Renter damages another Ebike/s , vehicle or personal property of another. Renter agrees to indemnify and defend BB and pay any claim brought by a third party arising out of Renter’s use of the Ebike/s and for any liability associated with any personal accident/injury as a result of Renter’s use of the Ebike/s .
Statement Of Physical And Mental Fitness, Insurance, And Safety:
a. I understand that biking requires certain physical strength and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
b. I am in sound physical and mental condition and am able to ride an Ebike I can make informed, objective decisions. I currently have no known physical, medical or mental condition which would impair my ability to ride an Ebike or paddle an SUP, or else I understand I assume all risks that may be created, directly or indirectly, by any such condition.
c. I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability I may cause or suffer while riding the Ebike else I understand I must solely bear the costs of such injury or damage and all related costs.
d. I acknowledge that I have been advised to wear an approved helmet and reflective or white clothing and a light if biking after sundown. I am aware that electric biking is subject to all applicable municipal and provincial highway traffic regulations. I am familiar with the proper use of the Ebike. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Ebike.
Renter Assumes Risk of Injury: Renter assumes all risks, including death or serious bodily injury, which may result from the operation of the Ebike: weather, altitude, accidents, etc. Renter acknowledges all the risks of operating an Ebike on streets, roads, bike paths, bike lanes, and in traffic, including the risks of serious bodily injury or death from falling off the Ebike, colliding with other Ebikes and bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, Ebike malfunctions, and hazards relating to weather conditions. Despite knowing all associated risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Ebike and Renter agrees to hold BB harmless from all claims of injury or damage. Therefore, in consideration for the opportunity to rent a Ebike from ROLL, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with BB. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of BB or its officers, employees and agents.
Property left on Ebike: BB is not responsible for personal property left on the Ebike. Renter agrees to indemnify BB in this regard.
Release Of Liability, Waiver Of Claims And Indemnity Agreement: Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify BB, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on BB's behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF BB), demands for loss, damages, injuries, or any other causes of action relating in any way to my Bicycle rental, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE ROLL 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 ROLL’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against BB, I agree to indemnify BB and pay all damages, costs, fees, expenses and attorney’s fees incurred by BB in defending such a lawsuit or such claims. In no event will BB's liability to a Renter be greater than the amount of the fees paid by the Renter to BB for Ebike rental, even if the amount of damages suffered by the participant customer may be greater than this amount. Furthermore, in no event will BB 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.
EXCEPTIONS/EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS.
Dispute Resolution, Arbitration And Governing Law: Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. The prevailing party shall be entitled to recover attorney fees and costs. You may not commence against ROLL or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in BB, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and ROLL or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against BB may be commenced only in the federal or state courts located in Fort Myers, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and BB, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.