ATLANTA ADVENTURE TOURS BIKE RENTAL WAIVER
1. General: These Terms and Conditions form a Rental Agreement (herein “Agreement”), which consists of this Rental Agreement, the Terms and Conditions stated herein, and a return document with final changes.This Agreement is between the bicycle renter as identified in this Agreement (herein “Renter”) and Atlanta Adventure Tours LLC, (herein ” Atlanta Adventure Tours LLC.”) and covers the rental of the bicycle equipment (“Bicycle”) for the purpose of Rental Agreement.The word “Bicycle” means the two-wheeled electric bicycle provided to Renter by Atlanta Adventure Tours LLC and includes the frame, two tires, seat, electric power, battery, lights, miscellaneous equipment, accessories (bike rack, lock) and safety gear (helmet, braking system).
2. Bicycle Return: ˚Renter agrees to return the Bicycle to Atlanta Adventure Tours LLC 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 Atlanta Adventure Tours LLC at time of rental.Renter agrees to return the Bicycle sooner if so demanded by Atlanta Adventure Tours LLC. Renter understands that there may be rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.
3: ˚Rental Charges: ˚From the time identified on this Agreement until the Bicycle is returned Renter agrees to pay the minute, hourly, and daily rates as indicated on the reservation agreement.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 Bicycle if the Bicycle is returned with excessive stains, dirt or soilage attributable to Renter’s use.
4. Prohibited Use of the Bicycle: ˚Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race or contest, or to be driven on any unpaved roads, in dirt 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. Renter will not use or permit the Bicycle to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Atlanta Adventure Tours LLC for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
5. Damage to Bicycle: ˚Renter shall pay Atlanta Adventure Tours LLC for all losses and/or damage to the Bicycle, regardless of fault (e.g. Renter agrees to pay for the loss even though 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 the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value (if any). If the Bicycle is damaged beyond reasonable repair (as determined by Atlanta Adventure Tours LLC), renter shall be responsible for the retail fair market value less any salvage value if applicable.In addition to the above, Renter shall also be responsible for the reasonable down time (“Loss of Use”), reasonable administrative fee as determined by Atlanta Adventure Tours LLC or specified by law, plus any towing, pick-up 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. Renter is also responsible for any loss if Renter: (1) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) drives recklessly; (3) drives while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and Atlanta Adventure Tours LLC; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for an illegal purpose. Renter authorizes Atlanta Adventure Tours LLC to collect from a responsible third party any applicable loss and/or damage. In the event Atlanta Adventure Tours LLC obtains a recovery from a third party after Renter has paid Atlanta Adventure Tours LLC for all or part of any loss, Atlanta Adventure Tours LLC will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s’ fees.
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6. Accidents-Third Party Claims: ˚ Atlanta Adventure Tours LLC 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 Atlanta Adventure Tours LLC and pay any claim brought by a third party arising out of Renter’s use of the Bicycle and for any liability associated with any personal accident/injury as a result of Renter’s use of the Bicycle.Renter Assumes Risk of Injury. Renter fully assumes all risks, including but not limited to death or serious bodily injury, which may result from the operation of the Bicycle. Renter acknowledges all the risks of operating a Bicycle on streets, roads, bike paths, bike lanes, and in traffic, including but not limited to the risks of serious bodily injury or death from falling off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffer sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, and hazards relating to weather conditions. Despite knowing all associated risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold Atlanta Adventure Tours LLC harmless from all claims of injury or damage.
7. 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 bicycle rental at the rates indicated in this Agreement. Renter authorizes Atlanta Adventure Tours LLC to place any amounts) due from Renter as a result of the Bicycle rental on to Renter’s credit card, if that form of payment is utilized.
8. Payment: 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 Bicycle rental. Charges for loss and/or damage to the Bicycle in accordance with paragraph 5. Renter understands that all charges are not final and are subject to audit. Renter specifically agrees and authorizes Atlanta Adventure Tours LLC to make any charges by the method of payment used by Renter at time of reservation and/or rental, including Renters credit card if that form of payment is utilized.
9. Property left in Bicycle Atlanta Adventure Tours LLC is not responsible for any personal property left on the Bicycle, and Renter assumes all risk of loss if Renter leaves any such personal item. Renter agrees to indemnify Atlanta Adventure Tours LLC in the event some third person leaves any personal items on the Bicycle.