Bike Rental Agreement and Release of Liability
**This is acknowledged within the Pastel Pedals mobile application**
IN CONSIDERATION OF the risk of injury that exists while participating in BICYCLING / RIDING A BIKE (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I INDIVIDUALLY AND COLLECTIVELY HEREBY release and forever discharge PASTEL PEDALS LLC, located at 38 Clinton St, Delaware City, Delaware 19706, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
Waiver & Releases: In consideration of Pastel Pedals LLC renting me this bicycle, I specifically release and forever discharge Pastel Pedals LLC and its officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which I may suffer while renting this bicycle or participating in bicycling. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damaged caused by the negligence Pastel Pedals LLC or its officer agents, or employees. It is my intent by the Waiver and Release Agreement to release Pastel Pedals LLC and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by negligence of Pastel Pedals LLC or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this document, I fully recognize that if injury, illness, death or damage occurs to me while I am engaged in renting this bicycle or participating in bicycling, I will have no right to make a claim or file a lawsuit against Pastel Pedals LLC, its officers, agents or employees, even if they or any of them negligently cause my injury, illness, death or damage.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Pastel Pedals LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Pastel Pedals LLC official or agent, regarding my approval to participate in the Activity.
I FURTHER ACKNOWLEDGE that these bicycles have a weight limit of 300 pounds and should I be over that limit I should not ride as I will be at a much higher risk for injury
I ACKNOWLEDGE THAT SHOULD THIS ACTIVITY CAUSE INJURY, ILLNESS, DEATH OR LOSS OF OR DAMAGE TO PROPERTY, INCLUDING BUT NOT LIMITED TO PEOPLE AND MY SURROUNDINGS, WHILE ENGAGED IN THE IN THE ACTIVITY, I WILL BE HELD FULLY LIABLE FOR MY ACTIONS.
I REALIZE THE IMPORTANCE OF RIDING SOBER AND I ACKNOWLEDGE THAT I AM NOT UNDER THE INFLUENCE WHILE RIDING A BICYCLE. I understand that Pastel Pedals LLC does not condone riding under the influence. Impairment, to any degree, of an individual's ability to safely perform the activity in question as a result of the use of alcohol, drugs, or a combination of both. I understand that I should not ride under the influence as it is a danger to myself, others around me, and my surroundings
I REALIZE THE IMPORTANCE OF WEARING A HELMET AND I ACKNOWLEDGE THAT I SHOULD WEAR A HELMET AT ALL TIMES WHILE RIDING A BICYCLE. I understand that Pastel Pedals LLC will NOT provide me with a helmet. I understand that wearing a helmet is NOT a guarantee of protection from injuries.
I understand how to operate the rental bicycle and brakes and how to adjust the seat and quick releases. Pastel Pedals LLC staff have answered any questions that I have. I understand how to wear a helmet and how to make adjustments so that I have the proper fit.
I accept full responsibility for care of the Equipment while it is in my possession. I agree to reimburse Pastel Pedals LLC for any loss or damage other than reasonable wear resulting from normal use. I also agree to reimburse Pastel Pedals LLC for the replacement cost of any Equipment rented by me but not returned which could be up to $750.00 for a lost or stolen bicycle and $35.00 for a retrieval fee when the bicycle is not returned to the station.
I acknowledge that this service should not be used to "learn" or "teach" one how to use a bicycle. Should damages occur from this act, the rider and/or parent/legal guardian will be held responsible for the full cost of repairing or replacing the bicycle (up to $750). This will be at the discretion of the owners and will depend on the level of damage
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE PASTEL PEDALS LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PASTELPEDALS LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
I agree that this Release shall be governed for all purposes by Delaware law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Pastel Pedals LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, THE PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY ACKNOWLEDGING THIS AGREEMENT. I UNDERSTAND THAT ANY RIDER UNDER MY DIRECT SUPERVISION IS MY RESPONSIBILITY AND ANY INJURY AS A RESULT OF NEGLIGENCE OR MALPRACTICE IS MY FAULT AND I WILL BE HELD LIABLE.
I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY.
I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM AGREEING TO IT OF MY OWN FREE WILL.
I acknowledge that this service should not be used to "learn" or "teach" one how to use a bicycle. Should damages occur from this act, the rider and/or parent/legal guardian will be held responsible for the full cost of repairing or replacing the bicycle. This will be at the digression of the owners and will depend on the level of damage
**THE OWNERS OF PASTEL PEDALS RESERVE THE RIGHT TO END ANY RIDE THAT IS A CLEAR VIOLATION TO THE AGREEMENT ABOVE WITH NO REFUND**