RENTAL AGREEMENT, WAIVER AND RELEASE, AND RENTAL RULES

RENTAL AGREEMENT, WAIVER AND RELEASE, AND RENTAL RULES

1. General

These Terms and Conditions, Waiver and Release, and Rental Rules stated herein, and a return document with final charges form a Rental Agreement (“Agreement”) between the renter as identified in this Agreement (“Renter”) and Rad Power Bikes Inc. (herein “Rad”) and covers the rental of the ebike, etrike, and/or related cycling equipment ("Rental Equipment") for the purpose of Rental Agreement.

2. Assumption of Risk; Waiver and Release of Claims 

READ THIS SECTION CAREFULLY: THIS SECTION CONTAINS A LEGAL RELEASE OF YOUR RIGHTS, INCLUDING: ASSUMPTION OF RISK AND WAIVER AND RELEASE OF LIABILITY AGAINST RAD AND RELEASEES (AS DEFINED IN SECTION 2.3). The RELEASEES may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. YOU ARE FREE TO DECLINE OUR SERVICES/PRODUCTS/RENTAL EQUIPMENT IF YOU DO NOT WANT TO AGREE TO THE TERMS AS SET FORTH HEREIN.

2.1.      ACKNOWLEDGEMENT OF RISK:    I acknowledge, agree and represent that the use of or interaction with of one or more Rental Equipment and related activities, including without limitation, entering into the Rad’s retail areas and interacting with products, product displays, and employees (“Activities”) I am permitted to engage in voluntarily bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property, or the property of Rad. I further acknowledge that I understand the nature of cycling and related Activities and that I am qualified, in good health, and proper physical condition to participate in such Activities and willingly agree to comply with all verbal and written instructions provided to me as well as any other stated customary terms and conditions of participation.  In the event I seek to transport any Rad product, I will use a vehicle and a rack or other system suitable to transport the product safely, without damage to persons or property, and in compliance with all laws.  Such transportation shall be deemed an Activity under this agreement.

2.2.      ACCEPTANCE OF RISK AND RESPONSIBILITY:  I fully understand that (a) cycling and electric bicycle/tricycle riding and related Activities involve risks and danger of damage to personal property and serious bodily injury, including, but not limited to, permanent disability, paralysis, and death to myself and to other third parties;  (b) these risks and dangers may be caused by my own actions or inaction, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the actions or inactions or even negligence of the “Releasees” named below; (c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself or to others, or damage to my property or the property of others, including the property of Rad, arising from my participation in the Activities.

2.3.      I HEREBY WAIVE, RELEASE, AND DISCHARGE ALL RELEASEES FROM ANY AND ALL CLAIMS (INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS), INCLUDING WITHOUT LIMITATION CLAIMS FOR OR RELATING TO ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT I MAY SUFFER AS A RESULT OF USING THE RENTAL EQUIPMENT AND/OR PARTICIPATING IN THE ACTIVITIES. I covenant to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to myself and/or to third parties, and to my property and others’ property, including that of Rad, arising from my participation in the Activities and agree not to sue Rad, its instructors, employees, agents, owners, and contractors (each considered one of the “Releasees”) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be cause in whole or in part by the actions or omissions, including potential negligence, of the “Releasees” or otherwise; and I further agree that if despite this Release and Waiver of Liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, make a claim against anyone of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim.  I further understand and agree to fully reimburse Rad for any damage caused to property of Rad as a result of my participation in the Activities.  My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.

3. Rental Charges, Start of Rental, Rental Equipment Return

3.1. From the time the Renter leaves with the Rental Equipment until the Rental Equipment is returned, Renter agrees to pay the minute, hourly, and daily rates as indicated on the rental receipt. The minimum charge is two hours (120 minutes). Renter agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges. Renter also agrees to pay a reasonable fee for cleaning the Rental Equipment if the Rental Equipment is returned with excessive stains, dirt, sand, saltwater, or soilage attributable to Renter's use.

3.2 Start of Rental. The rental commences after the Rad representative has informed the Renter of the proper and safe operation of the Rental Equipment and any additional instruction(s) as may be requested by Renter and Renter is aware of all dangers associated with operation the Rental Equipment, including the dangers of riding in traffic, on streets or other locations and that natural and man-made hazards may exist. Renter agrees to assume all the risks associated with operating Rental Equipment.

3.3 Rental Equipment Return. Renter agrees to return the Rental Equipment to Rad in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by Rad at time of rental. Renter agrees to return the Rental Equipment sooner if so demanded by Rad. Renter understands that there may be additional rate or special charges if Renter returns the Rental Equipment at a different time, date, or location than indicated in this Agreement.

4. Rental Equipment Damages, Repossession, and Third Party Claims

4.1. Damages. If Renter damages the Rental Equipment (accidentally or intentionally), or fails to properly return it and damages occur, Renter agrees to be responsible for any associated costs. Renter shall pay Rad for all losses and/or damages to the Rental Equipment, regardless of fault (e.g. Renter agrees to pay for the loss even if someone else caused the damage or is at fault). Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible. If Rental Equipment is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value (if any). If the Rental Equipment is damaged beyond reasonable repair (as determined by Rad), Renter shall be responsible for the retail fair market value less any salvage value if applicable.

Renter authorizes Rad to collect from a responsible third party any applicable loss and/or damage. In the event Rad obtains a recovery from a third party after Renter has paid Rad for all or part of any loss, Rad will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorneys’ fees.

4.2. Loss of Use. Renter shall also be responsible for the reasonable down time ("Loss of Use"), reasonable administrative fee as determined by Rad or specified by law, plus any towing, pickup and/or storage charges. In the event of theft, Renter shall be responsible for paying Loss of Use at the daily rate for each 24 hours Renter delays in paying the total loss.

4.3. Renter agrees to be charged the full replacement cost of the Rental Equipment if any Rental Equipment is not returned within 48 hours, which Rad considers lost or stolen. Depending on the circumstances, Rad reserves the right to file a police report against you, and the right to take any action against that the law allows. 

4.4. Rad may repossess the Rental Equipment at anytime if: the Rental Equipment is used in violation of law; It appears the Rental Equipment is abandoned; the Rental Equipment is used in violation of any term or condition in this Agreement; Renter made a misrepresentation to Rad or of Rad; or Renter falls to return the Rental Equipment when due. Rad is not required to notify Renter in advance of repossession.

4.5. Third Party Claims. Rad is not responsible if Renter causes injury to another person or if Renter damages another Bicycle, vehicle or personal property of another. Renter agrees to indemnify and defend Rad and pay any claim brought by a third party arising out of Renter’s use of the Rental Equipment and for any liability associated with any personal accident/injury as a result of Renter's use of the Rental Equipment.

5. Prohibited Use of the Rental Equipment

5.1. Renter will not use or permit the Rental Equipment to be use for hire, to be operated in test, race or contest, or to be driven on any unpaved roads, in dirt, sand, or through water, or in public parks or on a designated bicycle trail if specifically prohibited, or in any location that operation would be illegal or a nuisance to others.

5.2. Renter will not use or permit the Rental Equipment to be used for an illegal purpose, including the transportation of a controlled substance or contraband.

5.3. A violation of Section 5 automatically terminates the Agreement and makes Renter liable to Rad for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this Section.

6. Payment and Ebike Purchase Discount

6.1. Renter agrees to pay upon demand: All rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental Equipment. Charge for loss and/or damage to the Bicycle in accordance with this Agreement. Renter understands that all charges are not final and are subject to change if the Rental Equipment is returned late, damaged, or lost. Renter specially agrees and authorizes Rad to make any charges by the method of payment used by Renter at time of reservation and/or rental, including Renter's credit card if that form of payment is utilized.

6.2. Collections. If collection or legal action is necessary, Renter agrees to pay all Rad’s collection costs and reasonable attorneys’ fees.

6.3. Credit Reserve and Payment. Renter understands that Renter must deposit an amount (to be used against the final bill) equal to the estimated total charge for the Equipment Rental at the then-current rental rates shown at the Rad retail location Renter authorizes Rad to place any amount(s) due from Renter as a result of the Rental Equipment onto Renters credit card, if that form of payment is utilized.

6.4. Ebike Purchase Discount. If Renter wishes to purchase an ebike or etrike from Rad, a portion of the Rental Agreement cost (up to $150) may be applied to the purchase price of the ebike or etrike.  The ebike or etirke purchase must be made within 1 business day of the Agreement at the Rad location.

7. Fines and Expenses

Renter is responsible for paying all fines, tickets, fees, assessments, court costs, and recovery expenses for any parking, traffic or other violations, including storage liens and charges, incurred or imposed during the rental of the Rental Equipment.

8. Property left in Rental Equipment

Rad is not responsible for any personal property left on the Rental Equipment, and Renter assumes all risk of loss if Renter or a Third Party leaves any such personal item.

9. Rental Rules and Rider Conduct 

9.1. Renter agrees to operate the Rental Equipment in compliance with all traffic laws and applicable laws and will exercise care to insure the safe operation of the Rental Equipment. Rider shall not use Rental Equipment in violation of any applicable law.

9.2. Renter must be at least 16 years of age to drive or operate the Rental Equipment. No one under the age of 16 may drive or operate the Rental Equipment.

9.3. Only Renter may drive, or otherwise operate the Rental Equipment. No other person may drive or otherwise operate the Rental Equipment

9.4. Renter agrees to wear a suitable bicycle helmet at all times when riding the Rental Equipment. A bicycle helmet will be provided to Renter and any approved passenger at the time of rental for free (or included in the rental price).

9.5. Renter shall not use the Rental Property in racing, off-road riding, mountain riding, doing stunts or trick-riding, riding up or down stairs, or riding through water.

9.6. Unless specifically designed and intended by the ebike model, Renter is prohibited from carrying any passengers on the Rental Equipment at any time. If the Rental Equipment has passenger carrying capability, Renter may carry a passenger provided that the Rental Equipment also has the appropriate passenger accessories installed and approved by Rad. Renter may not add any third-party seat or modification to allow someone to ride on the rear, and no one may ride on the handlebars or top tubes at any time.

9.7. Renter shall not use Rental Equipment to tow or haul a vehicle, person, or other object. If a trailer is provided by Rad as part of the Rental Equipment, Renter must use the trailer in accordance with the trailer instructions. Renter shall not use the trailer to haul any person (adult or child) at all times.

9.8. Renter shall not use any device (like a cell phone or other portable device) if they could impair or hinder safe operation or use of the Rental Equipment (for example, no texting or calling while operating the Rental Equipment).

9.9. Unless expressly permitted to do so, Renter shall not handle, charge, remove and/or otherwise tamper with the batteries on any Rental Equipment. Renter shall not allow salt or saltwater to come into contact with Rental Equipment’s battery.

9.10. Renter is prohibited from operating the Rental Equipment while under the influence of alcohol, drugs or other substances that may affect your ability to safely use the Rental Equipment.

9.11. Renter shall not use Rental Equipment for hire, reward or for any other commercial use (like advertising, ride-sharing or food delivery).

10. General Provisions

10.1. Renter represents and warrants 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, Renter agrees that Rad has the right to terminate this Agreement with or without notice.

10.2. Renter agrees that Renter will be responsible for any unauthorized repairs or modifications to the Rental Equipment.  Renter understands that Rad will not reimburse Renters for any authorized repairs without receipt(s).

10.3. Renter understands that in no event shall Renter be deemed to be an agent, servant, or employee of Rad in any manner for any purpose whatsoever. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these terms or your use of Rental Equipment.

10.4. Rad’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless Rad’s authorized agent acknowledges and agrees to it in writing, and it is not a waiver of Rad’s right to do so later.

10.5. This Agreement and all terms contained herein will be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflicts of law provisions.

10.6. If any provision of these terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law.

10.7. Force majeure events may prevent Rad from providing Rental Equipment.

10.8. Provisions that by their nature are intended to survive the termination of these Terms or Renter’s use of the Rental Equipment will survive.

11. Dispute Resolution and Binding Arbitration

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND RAD AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND RAD WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

11. 1. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Rad, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with this Agreement, your use of the Rental Equipment and the Activities (“Claims”). Rad will pay the arbitration/arbitrator fees.

11.2. You still have the right to bring individual Claims in small claims court, to the extent that you qualify.

11.3. Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org. Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Claims may not be arbitrated on a class or representative basis. You and Rad agree to arbitration only on an individual basis. Neither you nor Rad may join or consolidate claims of others or participate in any claim as a class representative or a class member.

11.4. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.

11.5. You and Rad agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

11.6. This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).

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