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RENTAL AGREEMENT and LIABILITY WAIVER
In connection with the rental of bicycle (s), kayak (s), paddle board(s), beach, or other equipment (referred to herein as Equipment), or participation in instruction, rides, trips, or tours (referred to herein as Activity or Activities), and both together referred to herein as Rental, from Island Cycles and Gear LLC of Avon, NC, or its affiliates (referred to herein as Provider), Renter and or user of Rental (together referred to herein as Participant(s)) understands, acknowledges and agrees for him/herself and for all minor children in his or her care, that
1. THIS DOCUMENT IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY BEFORE SIGNING.
2. I assume full responsibility for personal injury to myself and (if applicable) my family members and further release and discharge Island Cycles and Gear LLC for injury, loss or damage arising out of my or my family’s use of Equipment, whether caused by the fault of myself, my family, or other third parties.
3. Provider is responsible for providing the Equipment and does not warrant or guarantee its fitness for the intended use.
4. Equipment will be inspected before use by Participant. If any Equipment is deemed unsatisfactory, Participant will advise Island Cycles and Gear LLC or its agent or representative immediately and Participant will not use the unsatisfactory Equipment or permit it to be used.
5. There is an inherent risk of accident and/or injury from Rental including paralysis and death. Risks might include but not be limited to slipping, falling, air and water temperature, wind, lightning, weather, river and rip current, tidal and wave action, plants and animals, vehicles, collision, transportation to and from Activity, and uneven or slippery roads and other surfaces.
6. Participant and or minor children in his/her care have no medical condition that would make him/her unfit for the Activity.
7. Participant hereby releases, indemnifies, and holds harmless Provider, its members, owners, employees, contractors and agents, and the owners or lessees of any premises used for Rental, collectively referred to as the Releasees, from any and all claims, losses or liability for any damages and/or injuries sustained in connection with Rental including the operation, use, or misuse of Equipment. Participant assumes all such liability as a result of use, misuse or lack of proper supervision, whether or not arising from the fault or negligence of Releases, to the fullest extent of the law.
8. Equipment will be used in accordance with all applicable laws and regulations. This includes but is not limited to children under age 16 on a bicycle must wear a helmet. All bicycle riders should wear a helmet.
9. Participants on a paddle board or kayak will wear a life jacket, except that during yoga it may be kept on the board.
10. Bicycles, kayaks, and paddle boards will be used only in daylight hours.
11. Specifically designated Fat Tire bicycles may be used on the beach, if permitted by applicable laws and regulations, but not in the ocean or saltwater. Renter will wash off all sand and salt with fresh water as soon as any beach ride is completed. Renter will be charged $50 for each bike returned with excessive beach sand in the drive train.
12. Skidding of bicycle tires is not permitted. It is dangerous and damages the tires. All tires are inspected before rental. Renter will be charged $25 for each tire damaged by skidding.
13. Kayaks and paddle boards will not be dragged, as dragging causes damage. Carts are available for rent.
14. Equipment will be returned in the same condition as received, normal wear and tear excepted. Renter assumes all responsibility for misplaced, incomplete, lost and/or stolen equipment.
15. If I choose to keep my bikes longer than my rental duration, I agree to contacting Island Cycles and Gear LLC to request a Rental Extension. I understand that a Rental Extension is not guaranteed. If I choose to return a bike for a duration longer than my selected Rental Period, without receiving a Rental Extension, I authorize Island Cycles and Gear LLC to charge my credit card a late fee of one hundred and fifty percent (150%) of the day rental rate for each non-returned item per day I fail to return them.
16. I understand that all Rental Equipment must be checked-in or picked up at the end of my Rental Period. If I choose not to return Rental Equipment, or Rental Equipment is not available to pick up, I authorize Island Cycles and Gear LLC to charge my credit card the full retail value of the non-returned Equipment.
17. Paddles do not always float. Renter will be charged $50 for each lost paddle.
18. Equipment used for recreation in a waterfront area often will get sandy and muddy. Renter will be charged $50 cleaning charge for each piece of equipment returned that is otherwise soiled.
19. Provider has made no representations, promises or inducement orally or otherwise that are not in this contract.
20. All disputes resulting from this Rental Agreement and Liability Waiver will be resolved according to the laws of the State of North Carolina and any and all legal actions will be brought in and take place in Dare County, NC.
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