BICYCLE EQUIPMENT RENTAL AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
By agreeing to this document and terms you agree to waive certain legal rights including the right to sue South Coast Ventures Inc, its owner(s), management, or staff. PLEASE READ CAREFULLY.
1. South Coast Ventures Inc (hereinafter referred to as “South Coast Bicycles”) shall be understood to include the owner(s), management (including South Coast Ventures Inc), employees, and their respective representatives, successors, and assigns.
2. You shall be understood to include the undersigned herein along with their heirs, next of kin, executors, administrators, assigns, and representatives.
3. Rental shall be understood to include the temporary use of South Coast Bicycles' equipment, tools, or space for some agreed upon usage fee.
4. Use shall be understood to mean the use of South Coast Bicycles' equipment, tools, or space, either incurring some agreed upon usage fee or free of charge.
5. Bicycle Equipment shall be understood to include all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by South Coast Bicycles including but not limited to bicycle rentals and their subsequent use, bicycle maintenance, group rides, and any and all other such activities, events, or services in any way connected with or related to the rental or use of equipment from South Coast Bicycles.
By acknowledging this agreement via our website you accept full responsibility for the equipment rented (the “Equipment”) and hereby agree to pay South Coast Bicycles for any damage to the Equipment and to replace the Equipment at full retail value if not returned to South Coast Bicycles upon the agreed date or if the Equipment is damaged by any reason you agree to report any problems, mechanical or otherwise, promptly and accurately upon return of the Equipment.
By agreeing to these terms you acknowledge that you are familiar with and have received proper training/instructions on the proper use of the Equipment and its components, including but not limited to all quick release mechanisms, brakes, gear shifters, and bells.
Furthermore, you acknowledge that you are aware that knowledgeable staff are available to answer any questions that you may have regarding the proper and safe use of the Equipment and you make no representations regarding your cycling ability.
By agreeing to these terms you acknowledge that you have been advised to wear all necessary safety equipment at all times, including but not limited to helmets. Using proper safety equipment may be legally required under provincial or federal law. You acknowledge that you are aware that the use of safety equipment is subject to all applicable municipal, provincial, and federal regulations.
ASSUMPTION OF RISKS
By agreeing to these terms you acknowledge and accept the following:
1. That the use of the Equipment involves certain risks, dangers, and hazards, including but not limited to the loss of balance; difficulty or inability to control one’s speed and direction of movement; variation or steepness of terrain; rapid or uncontrolled acceleration on hills or declines; changes or variation in the riding surface including rocks, gravel, sand, snow, rain, debris, cliffs, trees, tree stumps, roots, waterways, and manmade structures such as bridges, ladders, ramps, berms, and jumps; changing weather conditions; travel on highways and backcountry roads; encounters with domestic and wild animals; collision with pedestrians, motor vehicles, and other cyclists; mechanical failure of the Equipment or any of its components; or failure to travel safely within one’s own ability. Hazardous conditions may occur in the use of the Equipment and may be caused by but not limited to natural forces, people, or animals.
2. That you, and you alone, are responsible for determining whether the riding terrain is compatible and safe for the use of the Equipment and the rider. That the terrain may be uncontrolled, unmarked, not inspected, and may involve risks, dangers, and hazards. These may include but are not limited to animal attacks (either domestic or wild); trees; tree wells; tree stumps; holes and depressions on or below the ground surface; steep slopes; road banks; fences and other manmade structures; impact or collision with other terrain users; wind; lightening or other inclement weather; failure to predict and prepare for the weather; unsafe road conditions; failure to travel within one’s ability or within designated areas; human error; failure to forecast or recognize a hazardous situation; negligence of other terrain users; and NEGLIGENCE ON THE PART OF SOUTH COAST BICYCLES, THE EQUIPMENT MANUFACTURERS, AND DISTRIBUTORS, OR THEIR EMPLOYEES AND CONTRACTORS INCLUDING THE FAILURE OF SOUTH COAST BICYCLES, THEIR EMPLOYEES, AGENTS, AND CONTRACTORS TO SAFEGUARD OR PROTECT YOU YOU FROM THE RISKS, DANGERS, AND HAZARDS AS A RESULT OF YOUR USE OF THE EQUIPMENT. Nevertheless, you freely and voluntarily assume all of the aforesaid risks and hazards and your use of the Equipment shall be entirely at your own risk.
3. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF THE EQUIPMENT, INCLUDING SAFETY EQUIPMENT, DOES NOT GUARANTEE YOUR SAFETY OR FREEDOM FROM INJURY WHILE CYCLING. YOU ARE AWARE THAT IT IS NOT POSSIBLE TO PREDICT EVERY CONDITION OR CIRCUMSTANCE UNDER WHICH THE EQUIPMENT OR SAFETY EQUIPMENT WILL NOT OPERATE AS INTENDED. YOU ARE AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT AND YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, HAZARDS, AND THE RESPONSIBILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGES, AND LOSS RESULTING THEREFROM.
4. You state that to the best of your knowledge you have no medical, physical, or mental health conditions that would hinder or prevent your use of the Equipment.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
IN CONSIDERATION of South Coast Bicycles agreeing to rent you the Equipment and permitting your use of their services, equipment, and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed to as follows:
To waive any and all claims that you have or may in the future have against South Coast Bicycles, the Equipment manufacturers, and distributors and to release South Coast Bicycles from any and all liability for any loss, damage, expense, or injury, including death, that you may suffer or that your next of kin may suffer, resulting from or arising out of your use of the Equipment, due to any cause whatsoever, including negligence, breach of contract, or breach of warranty on the part of South Coast Bicycles in respect of the design, manufacture, selection, installation, maintenance, inspection, service, or repair of the Equipment, or in respect of the provision of or the failure to provide any warnings, directions, instructions, or guidance as to the use of the Equipment.
I acknowledge that I have had the opportunity to discuss the mountain biking activity with the appropriate people, to ask questions relative to the use of the rental terms and possible hazards and perils which may be present during the activity to my satisfaction in order for me to make a sound decision relative to my participation in this activity. In consideration of South Coast Bicycles making arrangements for assisting me in participation of the mountain biking activity, I hereby assume and accept any and all risks of injury, paralysis, or death with full knowledge of the risk, hazards, and dangers connected with this activity. I further agree, for myself, my heirs, successors, executors, and agents, that I knowingly and intentionally wave and release, indemnify, and hold harmless South Coast Bicycles, its officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses including attorney fees.
There are no warranties or representations, express or implied, concerning the Equipment listed in this Agreement, to hold harmless and indemnify South Coast Bicycles for any and all liability for any property damage, loss, or personal injury to any third party resulting from your use of the Equipment;
This Agreement shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns, and representatives in the event of your death or incapacity;
This Agreement and any rights, duties, and obligations between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the state of Oregon and no other jurisdiction; and
Any litigation involving the parties to this Agreement shall be brought solely within the state of Oregon and shall be within the exclusive jurisdiction of the Courts of the state of Oregon.
In entering into this Agreement you are not relying on any oral or written representations or statements made by South Coast Bicycles with respect to the safety of your use of the Equipment other than that which is set forth in this Agreement.