Terms of Service + Demo Agreement
Customer agrees that the terms and conditions set forth in this Agreement shall govern the demo of an electric bike (eBike) from PowerUp eBikes.
Bike Demo Information, Fees and Payment
The Weekly Demo Fee is due on or before the date of the demo start or renewal date. Customer acknowledges and agrees that PowerUp eBikes is permitted to bill for any applicable fees and any other charges that customer may incur with PowerUp eBikes in connection with the demo of the eBike pursuant to this Agreement. The charges will be paid via cash, credit/debit card, or Paypal. If the eBike and all accessories provided by PowerUp eBikes are returned promptly at the end of the term in clean, undamaged condition (less reasonable wear and tear) there will be no additional charges.
If the eBike is not returned by the due date, a $25 per day late charge will be added to the weekly payment, for only the current payment due. A day late charge will incur once the return time has exceeded 4 hours past the due back time. If payment is not received within 7 days after payment due date and customer is not in clear communication with PowerUp eBikes, the bike will be reported stolen and legal action taken.
Term; Termination
The term of this agreement shall commence on the effective date and continue for a period of 7 days thereafter. For example, if you pick up at 12pm on Monday, the eBike is due back by 12pm the next Monday. It is the renter’s responsibility to communicate with PowerUp eBikes with their intended return date and time. Pick ups and returns are on a pre-scheduled appointment basis only.
Customer’s Responsibilities and Acceptable Use
Customer acknowledges to be at least 18 years of age in order to demo the eBike pursuant to this agreement. Customer acknowledges and agrees to be responsible for and adhere to acceptable use of the eBike as follows:
- Customer shall use the eBike in a careful and proper manner and agrees to comply with all applicable laws relating to the rental and use of the eBike.
- Customer shall always wear a helmet when riding the eBike.
- Customer must always have adequate health and medical insurance in place when riding the Bike.
- Customer is responsible for the care and condition of the eBike during the term of this agreement.
- The eBike must always be stored in a secured, locked location or securely locked with the lock provided by PowerUp eBikes. When locking the eBike, the customer must lock the eBike frame to a bike rack (no chain link fences or wooden posts).
- Locking the eBike wheel to a bike rack does not provide adequate security and may result in theft.
- The eBike must be stored in a dry, covered area that prevents the Bike from coming into contact with the rain or other sources of water such as sprinklers.
- Customer understands riding or storing the eBike where it may come in contact with liquids may cause serious and irreversible damage.
- Customer must check the eBike before setting out on any ride to ensure the Bike is safe and in proper working condition, as well as keep the battery charged.
- Do not let the battery fully discharge as it reduces the overall battery life.
- Customer agrees to return the eBike in clean, undamaged condition to avoid any additional charges for repair, maintenance or replacement.
- Customer agrees to always use visibility enhancements, such as blinking lights, especially at night time.
- Customer agrees that the eBike is designed for one rider.
Unauthorized Activities
Customer agrees not to engage in any of the following activities with the eBike:
- Riding the eBike while under the influence of alcohol or drugs.
- Taking the eBike off jumps or curbs.
- Engaging in stunts, wheelies or other reckless behavior with the eBike.
- Providing rides to passengers or allowing others to ride the eBike.
- Riding the eBike on rocky mountain bike tails or through the rain, mud or sand.
The above list of unauthorized activities is an example and is not complete or exclusive.
Repairs; Loss; Damage
Customer acknowledges they were provided the opportunity to inspect the eBike and that the eBike is in good working condition as of the effective date. Customer acknowledges and agrees they are liable for all damage (other than reasonable wear and tear) and/or loss of the eBike. For purposes of this agreement, reasonable wear and tear does not include a damaged battery, broken or malfunctioning components, broken spokes, broken or bent rims, or damaged frames, handlebars or seats.
If the eBike is lost or stolen, customer is liable for the retail replacement cost of a new eBike in the same model. If the eBike is damaged, which includes a flat tire, customer shall immediately notify PowerUp eBikes and stop using the eBike to avoid further damage. Customer shall not attempt to repair the eBike, but rather shall contact an approved professional repair service provider to repair any damage to the eBike. Customer shall be liable for payment for repairs, including parts and labor, by the professional repair service provider. Customer will not be owed any unused portion of the monthly rental fee as a result of the bike being stolen, lost, damaged or broken.
Assumption of the Risk
CUSTOMER’S USE OF EBIKE IS AT OWN RISK. Customer understands and agrees that bicycling is a hazardous activity that may entail unavoidable risk of death, personal injury (including, but not limited to, severe spinal or head injury) and loss of or damage to property. Customer should be in good physical health in order to participate in bicycling. Customer acknowledges that PowerUp eBikes is not responsible for the conditions of the roads, routes or surfaces on which customer rides the eBike. Customer further acknowledges that flat tires and mechanical failures are an inherent risk of bicycle riding for which PowerUp eBikes is not responsible. Customer acknowledges and agrees to participate in bicycling in spite of these risks. Accordingly, Customer understands the inherent risk involved in using the eBike and accepts full responsibility for any and all such damage or injury which may result.
Waiver of Liability; Indemnification and Release of Claims
In consideration for PowerUp eBikes renting customer the eBike pursuant to this agreement, customer agrees that PowerUp eBikes shall not be liable for any damages arising from injuries to person or property, including death, sustained by customer or any third party, as a result of any and all activities related to the demo, operation, or use of the eBike provided by PowerUp eBikes to Customer pursuant to this Agreement, including any damages resulting from PowerUp eBikes’s negligence.