RULES AND REGULATIONS
1. All EBike operators MUST have a valid driver’s license and wear a helmet.
2. Vehicles shall not be operated in a manner that may endanger passengers or other individuals (e.g., pedestrians), or harm property.
3. Familiarize yourself with and observe all traffic rules.
4. EBikes are not allowed on the beach or sidewalks where bicycles are not permitted.
5. Please take the key out of the EBike when not in use.
6. Please contact our shop with any questions about the operation of the EBike.
7. There will be a monetary charge for a missing key that is not returned to Owner.
LEASE AGREEMENT
The Lessee agrees to abide by all of the above Rules and Regulations. The above numbered EBike is hereby leased by Got Shade Beach Rentals, LLC to the Lessee for the number of days indicated above. If Lessee retains the said property after expiration thereof, such retention shall be construed as additional rental at the same rate of rental, and under the same terms and conditions as originally contained in the agreement. Lessee represents that he is familiar with the use and operation of said property. Lessee agrees to keep said property in Lessee’s custody and not to sublease or re-rent the same.
Lessee agrees to keep said property in the same condition as when received. It is expressly understood and agree that no right of action whatsoever shall accrue to the Lessee for damages of any kind whatsoever, whether to person and/or property, and/or for loss of time and/or other loss of damage, arising from the use of, operation of, or in any way connected with the said property of any part thereof, from whatever cause arising. Lessee agrees to hold all parties free and harmless from all such damage.
Lessee expressly acknowledges personal liability to pay Lessor costs to repair all damages to said property and Lessor’s costs including attorney fees incurred in collection of payments due from Lessee hereunder. The full agreement between the Lessor and Lessee is contained herein, and time is made of the essence of this agreement. The receipt of all above descried property, in good order and repair is hereby acknowledged by Lessee.
WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT “Electric Bike Waiver”
I, (“Renter”), agree that in consideration of being permitted to use Got Shade Beach Rental’s (“Owner”) Electric Bike (“EBike”) located at 7230 Wrightsville Ave, Wilmington, NC 28403 do hereby release, waive, discharge and covenant not to sue Owner, it’s members, officers, employees and agents from liability from any and all claims, including the negligence of Owner, resulting in personal injury, accidents or illnesses, including death, and property loss arising from use of the EBike.
Assumption of Risks: Use and control of the electric bike, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand and agree that it is my responsibility to assess the hazards presented by my use of said EBike and further agree that I am the ultimate judge as to where I can use the Ebike without risk of harm to myself and others.
Indemnification and Hold Harmless: I also agree to DEFEND, INDEMNIFY AND HOLD HARMLESS the Owner, it’s members, officers, employees and agents, from and against any and all claims, demands, actions or causes of actions, for costs, attorney’s fees, expenses or damages to personal property, or personal injury, or death, which may result from any use of the EBike.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risk is intended to be as broad and inclusive as is permitted by the law of the State of North Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Users: I understand and agree that only adults sixteen (16) years of age or older that sign this agreement and hold a valid state Driver’s License shall be allowed to operate the Cart. Furthermore, I understand that I must observe all state and local traffic laws.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue the Owner, it’s members, officers, employees and agents. I also understand that this agreement binds my heirs, executors, personal representatives, attorneys-of-law, attorneys-in-fact, administrators, and assigns, as well as myself. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extend allowed ty law. I hereby assert that my use of said EBike is voluntary and that I knowingly assume all such risks incident to using said EBike.
FURTHERMORE, I REPRESENT THAT I AM FAMILIAR WITH THE OPERATION AND USE OF SUCH ELECTRIC BIKE, THAT I HAVE READ THE RULES AND INSTRUCTIONS CONTAINED HEREIN, AND THAT I AM CAPALE OF OPERATING THE ELECTRIC BIKE SAFELY AND IN ACCORDANCE WITH SAID RULES AND INSTURCTIONS.