In consideration of the services of YouEBike Michigan, LLC., their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "RENTAL BUSINESS"), I hereby agree to release, indemnify, and discharge RENTAL BUSINESS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in electric bicycle rentals, mountain bike rental, (the "Activity") 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. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; travel in remote areas; collision with objects; the negligence of other participants or persons who may be present; rapidly changing adverse weather and water conditions; exhaustion; exposure to the elements of the outdoors and natural surroundings; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; passengers can fall from the vehicles; equipment failure; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity. Additionally, fatigue, chill and/or dizziness may diminish my/our reaction time and increase the risk of an accident.
Furthermore, RENTAL BUSINESS employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless RENTAL BUSINESS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of RENTAL BUSINESS's equipment or facilities, including any such claims which allege negligent acts or omissions of RENTAL BUSINESS.
4. Should YouEBike Michigan or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
Equipment Rental Agreement
· NO REFUNDS (unless YouEBike Michigan cancels due to weather or unforseen circumstances)
· We charge a late fee of $35.00 for every 10 minutes late on rental returns, Lost Key $35 charge. Out of area $50.
· In the event of damaging our eqipment (Any physical damage) RENTAL BUSINESS has the right to terminate the rental activity without refund and charge participant a fair price for repairs to equipment
· If you do not obey the rules of RENTAL BUSINESS, we have the right to stop and terminate the rental activity without refund
· If customer leaves Equipment unattended, the customer will lose his deposit.
· RENTAL BUSINESS is not responsible for any incidents or events stemming from the renter's unlawful behavior.
· In the event of a breakdown, call RENTAL BUSINESS by phone for instructions.
DECLARATION OF FITNESS TO OPERATE EQUIPMENT
I hereby declare that I am physically fit. I do not have or have not suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during operation of the rental equipment: Epilepsy; severe head injury; recurrent blackouts or giddiness; disease of the brain or nervous system; high blood pressure; lung or heart disease; recurrent weakness or dislocation of any limb; diabetes; mental illness; drug or alcohol addiction; recent back injury; arthritis and severe joint sprains; chronic bronchitis; asthma; rheumatic fever; thyroid, adrenal or other glandular disorder; recent blood donation or any condition that requires the regular use of drugs.
I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.
Even if I have a health condition as stated above of which I may be unaware, by signing this form I still choose to participate in the activity with the rental property and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions.
In the event that I file a lawsuit against YouEBike Michigan, I agree to do so solely in the state of Michigan, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against YouEBike Michigan on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Date: / /2022
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