RENTER’S/LESSEE’S ASSUMPTION OF RISK, RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT
Please read carefully before signing. By affirmatively checking, signing, or electronically signing, you have read, understood and agreed to the terms of this Agreement. You are bound by the same. Renter/Lessee, in consideration of the services of Vacayzen on behalf of myself, my agents, employees, and other persons or entities acting in any capacity on my behalf, my children, my parents, my heirs, my assigns and my personal representatives in estate agree as follows:
I understand that participating in activities or using equipment that involve bicycles, bicycle accessories, watersports, gas or charcoal grills, baby equipment, baby accessories, beach equipment, or beach accessories can be a hazardous activity and it has known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage on injury to myself, to property, or to third persons or parties. I understand that such risks cannot be eliminated by Vacayzen without jeopardizing the essential qualities of this activity. I hereby agree to freely and expressly assume and accept any and all risks and all injury to the user of this equipment. For bicycling, I understand that bicycle protective gear such as helmets, shoes, and gloves are recommended but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident, include but not limited to: falling, collision with highway or roadway vehicles, striking obstructions or other persons, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).
I agree and hereby release Vacayzen from any and all responsibility of liability for injuries or damages to the user of the rented/leased equipment or to any person who uses this equipment. I agree not to make a claim against or sue Vacayzen for injuries or damages related to bicycling or use of this agreement.
I hereby agree and knowingly, intelligently and voluntarily agree to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in same despite the risks.
Further, I hereby agree to defend, protect, indemnify and hold harmless Vacayzen from, all claims, actions, proceedings, costs, damages, and liabilities, including attorney’s fees, arising out of, in any way connected with, or resulting from my participation in this activity or my use of the rented/leased equipment, including without limitation the possession, use, operation, or return of the equipment, any such claims which allege negligent acts or omissions on the part of Vacayzen.
I further hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or otherwise I agree to bear the costs of such injury or damage myself. I understand and hereby agree that any insurance coverage I maintain, whether liability, casualty, personal or health shall constitute the primary coverage in the event of any loss, injury, death, or damage to persons or property while using or operating Vacayzen equipment. I further hereby certify that I have no medical or physical conditions which would interfere in my safety in this activity, or else I am willing to assume all such liability, damages or costs that may be created, directly or indirectly hereon by such condition or conditions.
I understand that the equipment, at all times, remains the exclusive property of Vacayzen. It is my understanding that I am responsible for damage to or loss of the equipment. If any of the equipment is lost, destroyed or damaged beyond repair in the judgment of Vacayzen, I hereby agree to pay Vacayzen the value of the bicycle and/or said leased equipment. All repairs needed as a result of the use of the equipment will be performed at the normal rate. Rates and costs of such repairs, including all parts, shall be paid at the time of the return of the equipment.
Should Vacayzen or anyone acting on their behalf, be required to incur attorney’s fees and/or costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs.
LESSEE/RENTER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVES THE RIGHT LESSEE/RENTER, OR ITS AGENTS, ASSIGNS OR FAMILY MEMBERS, MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT AND I HEREBY ACCEPT THE SAME.
I HERBY AGREE THAT ANY AND ALL CLAIMS OR ISSUES ARISING OUT OF, UNDER OR CONNECTION WITH THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. I FURTHER AGREE THAT WALTON COUNTY COURT SHALL EXCLUSIVE JURISDICTION OVER ANY AND ALL ISSUES OR ITEMS ARISING OUT OF OR UNDER OR IN CONNECTION WITH THIS AGREEMENT.
LESSEE/RENTER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUMES ALL RISK, RESPONSIBILITY AND LIABILITY FOR: (a) OPERATION AND POSSESSION OF THE RENTAL PROPERTY; (b) ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY, DUE TO LESSEE/RENTER’S OPERATION OR POSSESSION OF THE RENTAL PROPERTY; and (c) ANY NEGLIGENCE OF Vacayzen, ITS AGENTS, EMPLOYEES, OFFICERS, PARTNERS, PARENT COMPANY, SUCCESSORS AND/OR ASSIGNS.
I, THE LESSEE/RENTER, BY AFFIRMATIVELY CLICKING AND/OR ELECTRONIC SIGNATURE BELOW OR SIGNING THE ORIGINAL AGREEMENT THE TERMS AND CONDITIONS BOX CONTAINED ON THIS WEBSITE, HEREBY REPRESENT, WARRANT AND AFFIRM THAT: (a) I AM MENTALLY COMPETENT TO ENTER INTO THIS AGREEMENT; (b) I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ALL TERMS, CONDITIONS AND PROVISIONS HEREIN; (c) I UNDERSTAND THAT I AM LEGALLY BOUND BY THIS AGREEMENT; and (d) I AM ASSUMING ALL LIABILITY FOR POSSESSION AND OPERATION OF THE RENTAL PROPERTY AND I ASSUME ALL SUCH RISK AND LIABILITY VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY.
LESSEE/RENTER’S PARTICIPATION IN RENTAL TERMS
Lessee/Renter agrees to be bound by all the following provisions relating to the use of Vacayzen equipment.
Authorized uses/prohibition on passengers. (Bicycle rentals)
A. No other person may drive or otherwise operate equipment except the Lessee/Renter.
B. Lessee/Renter is prohibited from carrying any passengers on the equipment at any time.
C. Lessee/Renter may not add any kind of seat or modification to allow someone to ride on the rear fender, and no one may ride on the handlebars at any time.
D. Lessee/Renter is prohibited from pulling or towing any passenger or object with the equipment at any time.
Return of equipment.
A. Lessee/Renter agrees to return the equipment to Vacayzen in the same condition as received, except for ordinary wear and tear on the due date and time at the location specified by Vacayzen, at time of rental. Lessee/Renter agrees to return the equipment sooner if so demanded by Vacayzen. Lessee/Renter understands that there may be rate of special charges if Lessee/Renter return the equipment at a different time, date or location than indicated in this Agreement.
Repossessing the equipment.
A. Vacayzen may repossess the equipment at anytime if: (1) the equipment is used in violation of law; (2) it appears the equipment is abandoned; (3) the equipment is used in violation of any term or condition in this Agreement; (4) Lessee/Renter made a misrepresentation to Vacayzen; or (5) Lessee/Renter fails to return the equipment when due. Vacayzen is not required to notify Lessee/Renter in advance of repossession.
Prohibited use of the equipment.
A. Use of the equipment is restricted to the county in which Vacayzen delivers the equipment. The use of rented/leased equipment is limited to use by the Lessee/Renter and/or members of the Lessee/Renter’s household. Lessee/Renter will not operate equipment except within this bounded area and will not remove equipment from this area. Lessee/Renter will not use or permit the equipment to be used for hire, to be operated in a test, race or contest, or to be driven on any unpaved road, in dirt, through water, or off a designated trail, or in public parks if specifically prohibited, or in any location that operation would be illegal or a nuisance to others. Lessee/Renter will not use or permit the equipment to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Lessee/Renter liable to Vacayzen for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses association with a violation of this paragraph.
Damage to equipment and/or bicycles.
A. Lessee/Renter shall pay Vacayzen for all losses and/or damages to the equipment, regardless of fault (e.g. Lessee/Renter agrees to pay for the loss even though someone else caused the damage or is at fault). Lessee/Renter is also responsible for all theft or vandalism losses, even if Lessee/Renter is not at fault for making the theft or vandalism possible. If the equipment is damaged, Lessee/Renter agrees to pay the reasonable costs of repair and diminution in value, if any. If the equipment is damaged beyond reasonable repair (as determined by Vacayzen), Lessee/Renter shall be responsible for the retail fair market value less any salvage value if applicable. In addition to the above, Lessee/Renter shall be responsible for the reasonable down time (“Loss of Use”), reasonable administrative fee as determined by Vacayzen or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Lessee/Renter shall be responsible for paying Loss of Use at the daily rate for each 24 hours Lessee/Renter delays in paying the total loss. Lessee/Renter is also responsible for any loss if Lessee/Renter: (1) abuses the equipment or violates any prohibited use or operation as specified in this Agreement; (2) drives and/or uses equipment recklessly; (3) drives and/or uses equipment while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and/or proper authority and Vacayzen; (5) fails to complete an accident report; (6) obtains the equipment through fraud or misrepresentation; or (7) uses the equipment for an illegal purpose. Lessee/Renter hereby authorizes Vacayzen to collect from a responsible third party any applicable loss and/or damage. In the event Vacayzen obtains a recovery from a third party after Lessee/Renter has paid Vacayzen for all or part of any loss, Vacayzen will refund to Lessee/Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s fees.
A. Lessee/Renter hereby understands and agrees that any applicable insurance coverage I maintain, whether liability, personal or health, shall be deemed the primary coverage in the event of any loss, injury, death or damage to person or property while I use or operate Vacayzen equipment.
Third Party Claims.
A. Vacayzen is not responsible if Lessee/Renter causes injury to another person or if Lessee/Renter damages another piece of equipment, vehicle or personal property of another. Lessee/Renter agrees to protect, defend, indemnify and hold harmless Vacayzen and pay any claim, including attorney’s fees, brought by a third party arising out of Lessee/Renter’s use of the equipment and for any liability associated with any personal accident/injury as a result of Lessee/Renter’s use of the equipment.
Lessee/Renter Assumes Risk of Injury
A. Lessee/Renter knowingly, intelligently and voluntarily assumes all risks, including but not limited to death or serious bodily injury, which may result from the operation of the equipment. Lessee/Renter acknowledges all the risks of operating equipment on streets, roads, bike paths, bike lanes, and in traffic, or on the beach, in the surf in the bay or in the Gulf of Mexico including but not limited to the risks of serious bodily injury or death from falling off the equipment, colliding with other equipment, motorcycles, motor vehicles or other objects, hitting potholes or suffer sudden loss or control due to unseen objects, and hazards relating to weather conditions; or colliding with swimmers, pedestrians or other persons. Despite knowing all associates risk, Lessee/Renter freely assumes all risks of personal injury and/or damage in the operation of this equipment and
Lessee/Renter agrees to hold Vacayzen harmless from all claims or injury or damage.
B. Lessee/Renter acknowledges and agrees that Vacayzen maintains no control over the operation of the rented/leased equipment while in the operation of the rented/leased equipment while in the possession of Lessee/Renter. Vacayzen assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience or other claim which may be ??? either by reason of:
Any wrongful, negligent or accident acts or omission on the part of the Lessee/Renter;
Any defect in or failure of any rented/leased item, equipment or instrumentality, owned, rented, operated or otherwise used by Vacayzen;
Any wrongful or negligent acts or omissions on the part of any other party.
Disclaimer of Warranties Applicable to all Rental Equipment.
Lessee/Renter further acknowledges and agrees:
Each item of rented equipment is of a type, design, quality and manufacture selected by Lessee/Renter’s acceptable to Lessee/Renter, and suitable for Lessee/Renter’s purposes;
Vacayzen is not the manufacturer or supplier of the rental/leased equipment;
Vacayzen is not required to enforce any manufacturer’s warranties on behalf of itself for the Lessee/Renter; and,
All items are rented “as-is” without any warranty, either express or implied, and Vacayzen expressly disclaims any warranty, expressed or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.
Electric Bicycle Rentals
A. All terms outlined in this agreement are also agreed upon in the rental of electric bikes as well as the additional terms outlined in this section “Electric Bicycle Rentals”
B. No individual under the age of 16 may operate or ride upon any motorized bicycle as outlined in the Florida State law.
C. No individual shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving volition as provided in the Florida state law.
D. Individuals who do not return any electric bicycle upon the end of the rental term will be charged the fair market value to replace the non-returned bicycle.
E. Individuals who do not return any electric bicycle charging device upon the end of the rental term will be charged the fair market value to replace the non-returned charging device.
F. All electric bicycles should be kept indoors or under a covered pavilion when not in use. All electric bicycles should be kept locked with the provided lock when not in use.
Lessee/Renter agrees to pay upon demand:
A. All rates, charges, (including those applicable to miscellaneous services and equipment) plus applicable taxes, fees, and surcharges (if applicable) which may apply to the equipment rental.
B. Charges for loss and/or damage to the equipment in accordance with paragraph ___ above. Lessee/Renter understands that all charges are not final and are subject to audit. Lessee/Renter specifically agrees and authorizes Vacayzen to make any charges by the method of payment used by Lessee/Renter at time of reservation and/or rental, including Lessee/Renter’s credit card if that form of payment is utilized.
Credit Reserve and Payment.
A. Lessee/Renter understands that Lessee/Renter must deposit an amount (to be used against the final bill) equal to the estimated total charge for the equipment rental at the rates indicated in this Agreement. Lessee/Renter authorizes Vacayzen to place any amount(s) due from Lessee/Renter as a result of the equipment rental on to Lessee/Renter’s credit card, if that form of payment is utilized.
A. Lessee/Renter represents that the information contained in this Rental Agreement is true, accurate, and complete. In the event that any information is not true, accurate or complete in any respect, Lessee/Renter agrees that Vacayzen has the right to terminate this Agreement with or without notice.
B. Lessee/Renter agrees that Lessee/Renter will be responsible for any unauthorized repairs or modifications to the equipment. Lessee/Renter understands that Vacayzen will not reimburse Lessee/Renter’s for any authorized repairs without receipt(s).
C. Lessee/Renter understands that in no event shall Lessee/Renter be deemed to be
an agent, servant, or employee of Vacayzen in any manner for any purpose whatsoever. Lessee/Renter agrees that Vacayzen does not waive any rights under this agreement except in writing signed by an authorized Vacayzen officer.