eBikeRentalZion Waiver / Rental Agreement

Customer Name*

First nameLast name

Phone number*

Area CodePhone Number

Phone # of friend or family member.

Area CodePhone Number

Address*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Today’s date:*

Date

Time now?*

:HourMinutesAM/PM Option

How long will you be renting the EBike?

Drivers license #*

What state/country is your drivers license from?

I am 18 years of age or older.*

E-bike weight limits: Single AIMA - 400lbs (184 kilograms), Single Harley - 280lbs (127 kilograms), Double Magnum/Radwagon - 350lbs (159 kilograms). I weigh no more and will not carry attach or add more weight than the specified weight limits stated here.*

I, the undersigned, am either the Participant named above or the parent and/or legal guardian (“Guardian/Parent”) of the minor Participant named below on this Waiver. I am familiar with the activities involving the rental of eBikes and the dangers associated with those activities.

Zionic Adventures, LLC (“Company”) is the owner/operator/sponsor of an eBike rental business where patrons rent and casually ride eBikes (the “Activity”) and the Company is willing to permit the Participant named above (the “Participant”) based on the signing of this agreement below to participate in the Activity, upon the terms and conditions of this Agreement. The Company and Participant may be collectively referred to as (the “Parties”).

In consideration for being provided the ability to participate in the Activity (ride the eBikes), each person signing below hereby stipulates and agrees:

1. Use of e-Bikes for Activity Only. Participant or Guardian/Parent of Participant both understand and agree that the bikes may only be used for the Activity set forth in this Release and Waiver of Liability agreement at the following date(s) and time: ________________. Participant or Guardian/Parent of Participant further agree that he/she is responsible for the proper use and care of the bikes and any of Company’s property, and that he/she will be liable for the replacement cost of any Company property/equipment which is damaged, destroyed or lost. Participant will not attempt to drive over a vertical bump more than 1 inch in height because doing so could cause a fall. A curb is more than one inch in height. Participant will walk the eBike over bumps larger than one inch in height. Participant understands that any surface is slippery when it is covered with sand, debris or water and that sudden stops or starts on such slippery surfaces can cause a fall if the eBike loses traction. Participant agrees that he/she will not to let any other person ride or use the eBike in any circumstance. Participant will, at all times, wear close-toed shoes. Participant will, at all times, wear a helmet/protective head gear that is secured at all times.

2. Assumption of Risk. I will participate or authorize the Participant to participate in the above Activity. I understand that such participation can include foreseeable and unforeseeable risks and other hazardous activities inherent in the Activity, which may expose the participant to illness, injury, or death. I understand that the Activity may not be supervised and that the Company does not provide medical services. I further acknowledge that any injury the Participant may sustain while participating in the Activity may be compounded by delayed medical service. PARTICIPANT OR GUARDIAN/PARENT FREELY AND VOLUNTARILY PARTICIPATES OR ALLOWS PARTICIPATION IN THE PROGRAM WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ASSUME AND ACCEPT ANY AND ALL RISK OF INJURY OR DEATH, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY. PARTICIPANT ACKNOWLEDGES THAT NO REPIRATION/REFUND WILL BE GIVEN DUE TO INJURY AND/OR DAMAGES.

3. Release from Liability. Participant or Guardian/Parent of Participant understands and acknowledge that the Company is not an insurer of Participant's behavior, actions or participation in the program, and that the Company assumes no liability whatsoever for personal injuries or property damages to Participant or to third persons arising out of Participation in the Activities. Participant or Guardian/Parent hereby agrees to release, waive, covenant not to sue, indemnify and hold harm less the Company, and all of their officers, employees and agents (collectively the “Releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant or loss or damage to any property belonging to Participant arising out of or related to participation in the above named Program, and excepting only such loss, damage or injury as may be caused by the sole negligence of any Releasee. I acknowledge and agree that this Release and Waiver of Liability for a Potentially Dangerous Activity is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by Participant while on or using the eBikes or participating in the Activity.

4. Arbitration. Participant or Guardian/Parent of Participant agrees to the use of binding arbitration in lieu of having any such dispute decided in a court of law before a jury and that the site of any lawsuit arising out of or related to participation in the Activity after arbitration shall be Utah. Participant of Guardian/Parent of Participant agree that this Agreement will be governed by and construed in accordance with the laws of the state of Utah, without application of any principles of choice of law.

5. Indemnification. Participant or Guardian/Parent of Participant hereby agree to defend, indemnify and hold harmless Company and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Bikes or participation in any Activities on the Bikes.

6. Health. Participant does not have any medical conditions that would prevent participation in the Activity. Participant has adequate health insurance to cover the costs of treatment in the event of any injury during the Activity. Participant weighs less than specified weight limits. Participant understands and states that he/she is not under the influence of any intoxicating substance and will not consume any while riding the eBike.

7. Responsibility for Personal Property. Participant or Guardian/Parent of Participant acknowledge and agree that Participant is fully and solely responsible for any of Participant’s property and personal belongings that Participant brings onto the eBikes or that Participant uses during the Activity, and that the Company will not be responsible for or provide any security for Participant’s property and personal belongings.

8. No Representations by Company. Participant or Guardian/Parent of Participant acknowledge that Company makes no representation as to the condition of the eBikes or the safety of the Activity or any equipment either on the eBikes or used in the Activity. Participant or Guardian/Parent of Participant accept and shall use the eBikes, and its equipment, in its “AS IS” condition. Participant or Guardian/Parent of Participant acknowledge and agree that Participant or Guardian/Parent of Participant is not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the eBikes or Activity, except to the extent such representations are expressly set forth in this agreement.

9. Fees and Costs. Participant or Guardian/Parent of Participant shall pay any attorney fees or costs incurred by the Company in enforcing this Agreement.

10. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.

11. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.

12. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

PARTICIPANT OR GUARDIAN/PARENT OF PARTICIPANT HAS CAREFULLY READ THESE TERMS AND FULLY UNDERSTANDS THEIR CONTENT AND IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN PARTICIPANT OR GUARDIAN/PARENT OF PARTICIPANT AND THE RELEASES AND PARTICIPANT OR GUARDIAN/PARENT OF PARTICIPANT IS GIVING UP LEGAL RIGHTS AND SIGNS IT OF HIS OR HER OWN FREE WILL.

I will wear a properly strapped helmet at all times. I understand and will obey all traffic laws while renting and riding this E-bike. Including all E-bike specific laws. *

I will wear properly strapped/tied close-toed shoes at all times while riding the E-bike.*

I have been instructed and understand how to properly mount and dismount the E-bike.*

It has been explained to me and I understand that any surface is slippery when it is covered with sand, debris or water. Sudden stops or starts on such slippery surfaces can cause a fall if the E-bike loses traction.*

Riding over curbs and other uneven surfaces can cause damage to the E-bike wheels and frame. I will walk this rental E-bike over curbs and pot holes on the road and trails. I will not attempt to jump any surface with this E-bike. I will not lift the front wheel off the ground while riding the E-bike.*

I acknowledge that by standing up and pedaling I could lose control of the E-bike and may cause harm to myself, the E-bike or someone else. I will not pedal while standing up during the entire time I have this rental E-bike.*

I understand and I state that I am not under the influence of any intoxicating substance and will not consume any while riding the E-bike or during the entire rental period.*

I understand that I am not to let any other person ride or use the E-bike in any circumstance.*

I understand that I am responsible for returning the E-bike before the battery runs completely out or below the designated voltage on the E-bike display. I understand that riding the E-bike while the battery level indicator is flashing low voltage can damage the battery. If I return the E-bike below the threshold I understand I will be charged a $100.00 fee. *

I understand that the speed limit on the Pa’rus trail is 15 mph. *

I understand that refunds will NOT be given for incomplete usage of rental time.

I understand that unless mentioned to an employee DURING my rental, reparations will NOT be made for functionality issues.

I, {Customer Name}, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, even if arising from negligence of the (Releasees), to the fullest extent permitted by law.

Rider (Under 18)

First NameLast Name

Age

Rider (Under 18)

First NameLast Name

Age

Rider (Under 18)

First NameLast Name

Age

Rider (Under 18)

First NameLast Name

Age

B. Possession and integrity of the eBIKE.

1. I accept the EBike for use "as-is" and verify that it is working properly, and is in excellent cosmetic condition. I accept full responsibility for each Ebike I have rented while it is in my or any other user and/or customer's possession during the Rental Period. I am responsible for the replacement value of the EBike if lost or stolen, and I am responsible for the replacement of any and all damage done to the EBike due to my own misuse and due to accidents, including those caused by third parties, and acts of nature.

I, (Customer Name), have read and agree to the foregoing.

Rider Authorized Signature

E-mail

If you would like to RECEIVE a COPY of this Agreement

LIABILITY WAIVER: Ebike Rental Zionic Adventures