Rental/Ride Agreement &
Safety Waiver Required
on ALL Tours, Rides & TestRides
Below you will be agreeing to the terms of our ebike tours, rides, test-rides and/or rentals.
This is a release of liability, waiver of claims, assumption of risk & indemnity agreement for yourself and/or legal guardian(s). You are agreeing to be responsible for any lost or damaged equipment associated with your booking.You are also agreeing to abide by the instructions of our RideGuides & Staff in connection with your tour, ride or rental. You will also consent to the use of photos/video that may taken with you.
You will be required to provide a verifiable email address, phone number, picture of your valid driver's license, digital signature and other information about rider experience, ability, weight, height & age.
Please read carefully.
YOUR PRE-RIDE WAIVER
FREE-TO-ROAM EBIKING, LLC
EXPERIENCE & EQUIPMENT USE, RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISK & INDEMNITY AGREEMENT
ORGANIZATION NAME: Free-to-Roam eBiking, LLC (FTRe) and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”.)
DEFINITION: In this Release Agreement, the term “Experiences” shall include all activities, tours, rides, test rides, rentals, events and other activities provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: biking; electric biking; bike rental; electric bike rental; use of speakers, helmets, locks, baskets, lights, garments, yoga mats and other add-on accessories (hereinafter referred as “FTRe Equipment”); orientational, guided experiences such as yoga and other physical movement, instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to Biking experiences or the FTRe Equipment.
In consideration of the services of Free-to-Roam eBiking, LLC., the rate charged for those services, or the worth of them as freely given, and the right to engage in the Experiences as a participant, hereby acknowledge, agree, promise and covenant with Free-to-Roam eBiking, LLC and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representative and next of kin.
1. ACKNOWLEDGEMENT OF RISK: I acknowledge, agree and represent that the lesson, test-ride, rental and/or tour and related activities (“Activities”) I am about to engage in voluntarily, bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property, or the property of Free-to-Roam eBiking, LLC. I further acknowledge that I understand the nature of cycling and related Activities and that I am qualified, in good health, and proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation.
2. ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand that (a) cycling and electric bicycle riding, and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including, but not limited to, permanent disability, paralysis, and death to myself and to other third parties; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the negligence of the “Releasees” named below; (c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, that of the minor named above, arising from my participation in the Activities.
3. RISK AGREEMENT: I HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their property arising from my participation in the Activities and agree not to sue Free-to-Roam eBiking, LLC., its instructors, employees, agents, owners, and contractors (each considered one of the “Releasees”) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations; and I further agree that if despite this Release of Liability, Waiver of Claims, Assumption of Risk & Indemnity Agreement, I, or anyone on my behalf, make a claim against anyone of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. I further understand and agree to fully reimburse Free-to-Roam eBiking, LLC. for any damage caused to property ofFree-to-Roam eBiking, LLC. as a result of my participation in the Activities. My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.
4. I AGREE TO ABIDE by Free-to-Roam eBiking, LLC.’s policies and agree to comply with all instructions of the guide, instructor or staff in connection with participation in the Activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the Activities without reimbursement or cancelation of fees paid or owed. I understand that the use or possession of drugs or alcohol is strictly prohibited before and during the Activities and will be grounds for immediate removal from the Activities without reimbursement of fees paid or owed. I agree that if in the judgment of my instructor and/or guide, he/she must call for assistance during the trip due to my noncompliance with his/her instructions or Free-to-Roam eBiking, LLC.ʼs policies that I accept responsibility for paying any associated rescue and transportation costs.
5. MEDIA CONTENT: By participating in or attending any Activities in connection with Free-to-Roam eBiking, LLC.,I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.
6. EQUIPMENT REPLACEMENT FEE: I accept full responsibility for the ebike FTRe Equipment and authorize Free-to-Roam eBiking to charge my credit card for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date.
7. BOOKING AGREEMENT: By submitting my reservation, booking and/or signing this agreement, I confirm to be an authorized Credit Cardholder of the card I use at checkout; and in accordance with my Cardholder Agreement, I agree to the following terms of payment for the Experiences and use of FTRe Equipment:
8. BOOKING PAYMENT POLICY: Upon submission of my Booking, I, the cardholder, hereby authorizes Free-to-Roam eBiking to charge a one hundred percent (100%) of the booking cost to my credit card. I understand that this deposit is non-refundable.
9. CANCELLATION POLICY: If I choose to cancel my reservation fewer than ten (10) days from the start of my booking period, I authorize Free-to-Roam eBiking to retain my payment unless the Experience is significantly hindered by rain or other precipitation or temperature or wind speeds outside a range of thirty (30) percent of normal for the time of year, or any other uncontrollable events, such as earthquakes, tornadoes, floods, etc. not caused nor controlled by humans, in which case Free-to-Roam eBiking will refund 100% of your booking minus Point of Sale fees (generally between 2.5-3.5%).
10. EQUIPMENT DAMAGE FEE: If I return FTRe Equipment with damage, I authorize Free-to-Roam eBiking to charge my credit-card a Damage Fee. I understand this fee will be calculated by the amount of damage to the Equipment. I authorize Free-to-Roam eBiking to charge my credit-card a Damage Fee up to the full value of the Rental Equipment for any Rental Equipment on my Rental Reservation that I return with damage.
11.LATE RETURN FEE: If I choose to keep my FTRe longer than the specified duration of the Experience, I agree to contact Free-to-Roam eBiking to request an Extension to my Experience prior to the specified return date/time. I understand that an Experience Extension is not guaranteed. If I choose to return FTRe for a duration longer than my selected Rental Period, without receiving an Experience Extension, I authorize Free-to-Roam eBiking to charge my credit-card with a late fee of one-hundred and fifty percent (150%) of the Experience Rate for each non-returned item, per each day I fail to return them.
Example Late Fee Calculation:
Ebike Rental: $99/day * 150%
Late Fee: $148.50 + Tax per day
12. EQUIPMENT NON-RETURN FEE: I understand that all FTRe Equipment must be checked-in at the end of my Experience Period. If I choose not to return any FTRe Equipment on my Booking at check-in, I authorize Free-to-Roam eBiking to charge my credit-card the full retail value of the non-returned FTRe Equipment. If I fail to return any FTRe Equipment on any Experience by the “End of Season, I authorize Free-to-Roam eBiking to charge my credit-card the full retail value of any non-returned FTRe Equipment, in addition to paying any of the fees that I might have accrued according to the information above.
13. E-BIKING SAFETY: I acknowledge that I have been advised to wear an approved helmet while Biking. I acknowledge that I have been advised to wear a MIPS helmet and other protective equipment when riding. Wearing an approved helmet while Biking is required for individuals sixteen (16) years of age and under. Individuals under the age of sixteen (16) are prohibited from operating an electric bike. I am aware that Biking is subject to all applicable municipal and state traffic regulations. I am familiar with the proper use of the Equipment, including all Pedal Assist, Throttle, Mechanical Gear Shifter, quick release mechanisms on seat, and brakes. I am aware that there are Free-to-Roam eBiking technicians and RideGuides available to answer any questions that I may have as to the proper use of the Equipment.
14. ELECTRONIC COMMUNICATIONS: We are committed to keeping your information confidential. We do not sell, rent, or lease our lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law. We will use your e-mail address solely to provide timely information about Free-to-Roam eBiking. By submitting my booking and/or signing this , I agree to receiving email and/or SMS text communications from Free-to-Roam eBiking regarding my booking, community events and occasional promotions.