SCOOTER JOE’S LLC RELEASE OF LIABILITY & RENTAL AGREEMENT
PANDEMIC: IF ACTIVE AT TIME OF RENTAL, YOU AGREE TO FOLLOW ALL LOCAL, STATE & FEDERAL GUIDELINES RELATED TO A PANDEMIC. PLEASE MAINTAIN SOCIAL DISTANCING, WASH YOUR HANDS AFTER RENTAL & WEAR A MASK IF DESIRED TO STAY AND KEEP OTHERS SAFE.
WITH YOUR DIGITAL CAPTURED OR ACTUAL SIGNATURE, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS FOR RENTING SCOOTER JOE’S EQUIPMENT.
YOU AGREE THAT WE MAY USE THIS RELEASE OF LIABILITY AND RENTAL AGREEMENT FOR FUTURE RENTALS BY YOU WITH YOUR PERMISSION ON THE DAY OF THAT FUTURE RENTAL.
RELEASE OF LIABILITY
I, {yourFirst83} {yourLast}, acknowledge & accept the following:
I am an adult of 18 years of age or older, and acknowledge and understand myself and on behalf of others participating in the operation and use of Equipment that cycling, pedaling, driving, navigating, moving, using, paddling and operating rented equipment are all potentially hazardous activities (“Activities”) which may result in injury or death.
I acknowledge and understand that the proper and safe operation of the Equipment by myself and other passengers or participants is my responsibility.
I acknowledge and understand that I have rented the Equipment and that I have personally inspected it and have concluded that the Equipment is in good working condition and can be operated safely.
I acknowledge and understand that certain risks cannot be eliminated without destroying the unique character of the Activities and that the same elements that contribute to the unique character of the Activities, include, but are not limited to, the risk of accidental injury, illness, permanent trauma, severe personal injury and death (collectively, the “Risks”).
I acknowledge and understand the description of these risks is not complete and that unknown or unanticipated risks may also result in injury, illness or death.
I acknowledge and understand I am assuming all responsibility for all the risks and damages associated with those risks, including those which may not be specifically identified, including the risks to others participating in the Activities as well as those who may not participate in the event of an accident.
I acknowledge and understand my participation, as well as other participants or passengers in the Activities are purely voluntary and no one is forcing me or others to participate or accept the responsibilities in this agreement.
I acknowledge and agree that if I violate any rules in this agreement, I shall forfeit our use of the Equipment on the spot to any SCOOTER JOE’S LLC employee or agent with no refund due.
I assume full responsibility for all participating parties whether a signatory to this agreement or not, including any minor children for which I am responsible for during the rental or on the premises of Scooter Joes LLC, which may result in bodily injury, accidents, illness, death, loss of personal property and expenses thereof as a result of any accident that may occur.
I acknowledge and agree that SCOOTER JOE’S LLC, its owners, principals, agents, employees, suppliers and their insurers (the “Released Parties”) are released of any liability from any cause of action in product liability, strict liability, and negligence regarding (i) design, manufacture or warning defects, (ii) maintenance, (iii) condition of the Equipment or (iv) or any other legal claim or legal theory.
I hereby release and discharge the Released Parties from any and all liability, actions, claims, and demands of every kind and nature whatsoever which may arise out of omissions, or negligence of the Released Parties or any other person (including myself) or entity. Renter hereby accept full responsibility for any and all damage or injury.
If any part of this agreement shall be deemed invalid or unenforceable by a court of law, the remainder of this agreement not so invalidated shall remain in full force and Effect.
TERMS AND CONDITIONS
ALL BIKES
- Operators and passengers must be physically fit, mentally able, and legally qualified to participate in the Activities.
- Operators or passengers shall not be under the influence of alcohol or drugs while operating equipment.
- Operate all bikes on the right side of public roads, with traffic, in a bike lane or bike path where available, in the middle of paved trails or approved sidewalks except when passing vehicles or other people, or to operate the safest route including designated hills. Use caution when passing parked vehicles, opening doors, children or pets running between vehicles into your path. Use caution and utilize warning devices or your voice to warn other drivers or people of your presence if required. Failing to do so could cause serious injury or loss of life.
- Operate the Equipment at all times in a safe and responsible manner in which the eqeuipment was designed. Stop pedaling and engage the brake when proceeding down a hill at a safe speed to avoid loss of control or tipping.
- Do not make sudden turns or misuse the Equipment.
- Equipment must be returned in the condition it was taken, except for normal wear & tear as determined by Scooter Joe’s LLC.
- Obey all traffic laws, traffic signals and signage.
- Do not operate or take the Equipment on sand or through water. I agree to pay a $35 cleaning fee for each piece of equipment taken on sand or water.
- I must return the Equipment at the time required by the rental duration you chose. Scooter Joes is not required to provide you this information, so note the time of your departure from Scooter Joes.
- Wear a bike helmet.
- Follow all traffic laws including one way streets/alleys, yield and stop signs.
- Use horn/bells/voice as necessary and alert others to your intentions, especially when turning.
- Stay on bike paths, bike lanes or the right side of the road with traffic. Operate defensively at all times and be aware of parked cars moving, pedestrians and pets.
- PROHIBITED AREAS ST JOE: All downtown sidewalks, the Whirlpool fountain pad, operating on sand (the beach) or water and private property.
SURREY BIKES
A valid driver’s license is required to operate (steer, operate brakes, etc.) a Surrey bike.
- All Surrey bike passengers shall exit the Equipment only when the Surrey is at a complete stop and when pushing the vehicle up a hill. Failure to do so may/will result in serious injury, property damage or loss of life.
- KEEP FEET AND LEGS INSIDE AND ABOVE FRAME OR ON PEDALS AT ALL TIMES
- NO STANDING ON THE PEDALS OR CHAIN GUARD. PULL BRAKE HANDLE DOWN TOWARD YOU TO SLOW AND STOP.
- ENGAGE PARKING BRAKE BEFORE EXITING SURREY BIKE USE HAND SIGNALS WHEN TURNING DO NOT MAKE SUDDEN SHARP TURNS.
- DO NOT DRIVE OVER/OFF CURBS.
- TAKE WIDE PATH AROUND CURBS AND SLOW OVER TRANSITIONS BETWEEN ROADS AND ALLEYS.
ST JOE LOCATION
- DO NOT USE ANY RAMPS INCLUDING WATER PLANT OR LAKE BLUFF RAMP (ABOVE SILVER BEACH PIZZA).
- DOWN HILL: (to Beaches)
- FOR SAFETY REASONS USE STATE STREET HILL DOWN ONLY
- COMMAND EVERYONE TO STOP PEDALING.
- ENGAGE BRAKE AS YOU START DOWN HILL AND DESCEND TO LEVEL GROUND. TIP OVER HAZARD AND/OR LOSS OF CONTROL CAN OCCUR IF OPERATING TOO FAST.
- UP HILL: (from Beaches)
- FOR SAFETY, USE PARK STREET HILL UP ONLY !!! TO RETURN DOWNTOWN FROM BEACH (OVER RR TRACKS) PUSH SURREY BIKES UP THE PARK STREET HILL.
- ALL RIDERS MUST EXIT SURREY, TWO ABLE BODIED PEOPLE MUST PUSH SURREY TO TOP OF HILL USE CAUTION WHILE PUSHING UP HILLS, BE AWARE OF ALL TRAFFIC AT TOP, PROCEED RIGHT ONTO BIKE LANE SOUTH WITH CAUTION - A BUSY INTERSECTION
CRUISER, TANDEM AND ELECTRIC BIKES
- You must be at least 18 years of age or older to operate an electric bike. 16-17 year olds may be accompanied by a legal parent or guardian.
- A helmet is required
- You must WALK BIKES across the M-63 Blossomland Bridge.
KAYAKS AND CANOES
- You have acknowledged that you are within the weight capacity of your rental equipment.
- Always wear a life vest.
- Use of kayaks and canoes in the channel west of the Coast Guard Station or on Lake Michigan is NOT ADVISED due to current, swells and motorized traffic between the piers. You proceed at your own risk.
- Do not beach kayaks or canoes on rocks, cement launch ramps or anything that will damage the equipment. You are responsible for any damage caused.
- Wind conditions can be very dangerous & can create strenuous paddling conditions depending on wind speed & direction. Do not operate when winds are greater than 18mph.
- If you are making no progress paddling, paddle perpendicular to the wind or current toward the shore.
- Never stand up in a kayak or canoe.
- If you flip into the water, stay with the kayak and make your way to the closest shoreline.
DAMAGE, LOST OR STOLEN EQUIPMENT
YOU ARE RESPONSIBLE FOR ANY DAMAGE AS DETERMINED BY SCOOTER JOES LLC OR ITS AGENTS, OR ANY LOST OR STOLEN EQUIPMENT.
PLEASE CHECK EQUIPMENT BEFORE YOU LEAVE. As renter of our equipment, you are responsible to advise us of any damage to our equipment during your rental or any accidents, and you agree to pay for all the repair costs (except for normal wear and tear as determined by Scooter Joe’s).
I agree and understand that Scooter Joe’s may use my security deposit (if provided), your credit or debit card to cover the cost of repair of any damage you cause. If your security deposit is insufficient, you agree to pay for all repair or replacement costs on demand. The costs below are not a complete list and you may be subject to other parts repairs depending on the damage.
I agree to pay the following costs for repairs if damaged or stolen while you are in control of equipment.
PEDAL EQUIPMENT
$15 Pedals
$45 Pedal Arms
$3 Spokes (each)
$20 Broken chain
$145 Rim (bent or worse) Surrey Bikes
$ 75 Rim (bent or worse) Cruiser Bikes
$45 Tire & Inner tube
$125 Axle / Tie Rod
$125 Axle (rear)
$65 Bumpers / Fenders
$15 Headlight
$15 Mirror
$10 Bell / Horn
$20 Flag
$20 Cable or Lock
$65 Basket
PADDLE EQUIPMENT
$40 Lost or damaged paddle or oar
$100-$400 Lost or damaged single kayak
$100-$600 Lost or damaged tandem kayak
$100-$800 Lost or damaged canoe
$75 Lost or damaged life vest
$35 Lost or damaged life preserver
As a legal adult participant(s) in the Activities, I have carefully read this agreement and understand its contents.
WE MAY USE THIS RENTAL AGREEMENT AT OUR DISCRETION FOR FUTURE RENTALS BY YOU WITH YOUR PERMISSION ON THE DAY OF THAT FUTURE RENTAL.
WITH MY DIGITAL OR PHYSICAL SIGNATURE SIGNATURE, I ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS IN THIS RENTAL AGREEMENT & LIABILITY WAIVER.