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Terms and Conditions for Rental and Use of Electric Biking Equipment
In consideration of Americanca LLC and or Newport Beach Electric Bike Tours agreeing to rent to me electric biking and biking equipment and permitting my use of their services, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree to the following:
To rent a pedal-assist electric bike, I agree to submit beforehand a driver’s license or another valid identification, and a valid credit card. Reloadable prepaid cards cannot be accepted. Americanca LLC will scan my identification and keep my credit card until the equipment is returned. Alternatively, I have the option to pay a deposit of $3,500.00 in cash or by pre-authorized charge on credit card. I understand that riding a bicycle requires both a good physical condition and the technical expertise of the rider. Therefore, I declare, without any reservations, to possess adequate knowledge and the appropriate skills to operate a bicycle.
In the case of children between the ages of 16 and 18, the parent or guardian must approve their participation, accepting full responsibility on their behalf, in accordance with the regulations stated in this Agreement. No persons under the age of 16 years old may participate.
All riders are required to wear a California Department of Transportation-approved safety helmet. Any injuries resulting from a rider not wearing a helmet are the responsibility of the rider and are in no way the responsibility of Americanca LLC. The bicycle is to be used exclusively as a means of transport and must be treated with care, common sense, and diligence to avoid any damage to the bike itself and other equipment and accessories. It is strictly forbidden to use the bike for commercial purposes.
I am aware that electric biking and the rental of electric biking equipment involves many risks, dangers, and hazards including, but not limited to: mechanical failure of the equipment, loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams and creeks, and manmade structures such as bridges, ladders, berms, and jumps; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for electric biking; travel on highways and backcountry roads; encounters with domestic and wild animals including dogs; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated from one’s party; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES AND THE MANUFACTURERS AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF ELECTRIC BIKING AS A RESULT OF MY USE OF THE EQUIPMENT.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH ELECTRIC BIKING AND THE RENTAL OF ELECTRIC BIKING EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM. I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Americanca LLC, THE EQUIPMENT MANUFACTURER AND/OR DISTRIBUTOR and to release Americanca LLC from any and all liability for any loss, damage, expense, or injury, including death, that I may suffer, or my next of kin or child may suffer as a result of my participation in electric biking and the use of the equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY ON THE PART OF AMERICANCA LLC IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, OR IN RESPECT TO THE FAILURE OF AMERICANCA LLC TO PROVIDE ADEQUATE DIRECTIONS, INSTRUCTIONS, OR FAILURE TO WARN AS TO THE USE OF THE EQUIPMENT.
I agree TO HOLD HARMLESS AND INDEMNIFY Americanca LLC for any and all liability for any property damage, loss, or personal injury to any third party resulting from my participation in electric biking and/or use of the equipment.
This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity. I agree to follow all rules and traffic laws as enforced by the State of California and the local municipality where I am located. AMERICANCA LLC DISCLAIMS ANY LIABILITY FOR IMPROPER USE OF THE EQUIPMENT OR FOR THE USER'S FAILURE TO COMPLY WITH THE REGULATIONS AND/OR LAWS OF THE STATE OF CALIFORNIA.
During the rental, Americanca LLC, at their sole discretion, may carry out checks with respect to the use of the equipment and have the right to demand an early return of the equipment in case of improper use of the equipment. Americanca LLC may refuse service to any person it deems unfit to safely operate the equipment. If at any time, Americanca LLC suspects you are under the influence of drugs and/or alcohol or otherwise impaired, Americanca LLC reserves the right to confiscate the equipment. No refund will be issued to customers who unlawfully operate or misuse the equipment.
In the event of loss of keys or any accessories or damages to the equipment, Americanca LLC may require that I pay the necessary amount to restore the equipment to its original condition, plus fees for loss of income due to the time the equipment is out of service, as is the sole judgment of Americanca LLC.
If the bike is to be left unattended, you agree to lock the bike in all cases to avoid theft. In case of theft or total loss, I agree to compensate Americanca LLC with the agreed amount of $3,500 for each bicycle (regardless of whether the bike was locked or not), and other related property such as helmets ($35), locks ($25), and baskets ($20).
The equipment must be returned within the time slots indicated in this Agreement, to the same location where it was rented. The equipment will be considered returned only when it is returned to a staff member of Americanca LLC and the return form of this Agreement is countersigned. Leaving the equipment outside of the rental location at closing time will not be considered a proper return. Failure to return the equipment within the agreed-upon time frame without prior notice to Americanca LLC will be considered an act of theft and therefore you will be reported to law enforcement.
In the event of a late return of the equipment, I agree to notify Americanca LLC in advance that the equipment will be returned late. A late fee of $1.00 per minute may be charged to my credit card at the sole discretion of Americanca LLC. In the event of theft of the equipment, I agree to first notify Americanca LLC and then file a report with law enforcement and provide Americanca LLC with a copy of the theft report. I understand that I will be asked to pay the agreed amount (see article 8) as compensation for the stolen equipment. In the event that the equipment is found and fully recovered, this sum will be returned to me, minus any repairs that may be necessary to restore the equipment to its pre-rental condition.
In the event of a dispute arising out of this Agreement, you and Americanca LLC agree to binding arbitration in Orange County, California, as the sole venue for resolution. You agree to personal jurisdiction in Orange County, California, and California law shall apply without regard to its conflict of laws provisions.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, WHETHER THAT BE IN PERSON OR ELECTRONICALLY, AND I AM AWARE THAT BY AGREEING TO THE TERMS CONTAINED THEREIN, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ASSIGNS, OR REPRESENTATIVES MAY HAVE AGAINST AMERICANCA LLC.