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Acknowledgment of Risks, Assumption of Risk & Responsibility, and Release of Liability

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Please review this waiver – you will need to sign it prior to your rental.

Copies of your signed waiver can be emailed, by request – please notify our team member prior to signing the waiver.

ACKNOWLEDGE THIS WARNING: There are significant elements of risk in any adventure, sport or activity associated with pedal driven and motorized assist cycles, skates, surfboards and boats including, but not limited to boats, surfboards and cycles, (referred to herein as “activity”) and the use of any equipment it is up to you to master the basics – moving, maneuvering, braking and turning. Otherwise you pose a danger to yourself and to others.

ACKNOWLEDGMENT OF RISKS: I/We recognize that there are inherent risks in this type of activity. These risks may result in serious injury or death, and include but are not limited to the following:
1) Falls; 2) Collisions with pedestrians, cycles, cycle riders, vehicles, manmade and natural objects; 3) Hazards of trails, routes, waterways or roadways including uneven or unstable surfaces, steep grades sharp turns and/or obstructions; 4) The presence of water, sand, gravel, mud, oil and debris – which may inhibit my ability to maneuver or stop; 5) Hot and cold weather and head related injuries or illnesses including hypothermia, frostnip, frostbite, heat exhaustion, heat stroke and dehydration; 6) Inclement weather, varied or severe wind, weather or temperature conditions; 7) Slippery conditions associated with fog drip, rain, other precipitation and ice; 8) Fog banks which can reduce visibility to near zero; 9) My physical coordination, ability to balance or control a cycle the speed at which I travel and my ability to follow directions; 10) Equipment failure including tire puncture and problems in shifting and or braking; 11) Loss of or damage to personal property; 12) Accidents or illnesses occurring in remote places where there are no available medical facilities 13) Drowning. 14) Communicable diseases, viruses and other illnesses including COVID-19. I/We understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I agree to assume responsibility for those risks identified herein and those not specifically identified. I certify that I am (we are) physically and mentally capable of participating in this activity. My/Our participation in this activity is purely voluntary. No one is forcing me/us to participate. I/We elect to participate in spite of the risks. Therefore, I assume full responsibility, for myself and any minor children for which I am responsible, for bodily injury, accidents, illness, death, loss of personal property and any related expenses. I acknowledge that if during the activity I/we may experience fatigue, chill and/or dizziness it may diminish my/our reaction time and increase the risk of accident. Since head injuries are a serious risk to bikers I/We agree to wear a properly fit and adjusted CPSC approved safety helmet at all times while cycling. It is further understood that all children under the age of 18 must wear protective riding helmets. Since drowning is a serious risk to boaters, I/We agree to wear a Type II flotation device. I assume the risk(s) of personal injury, accidents and/or illness, including but not limited to, sprains, torn muscles and/or ligaments; fractures or broken bones; eye damage; cuts, wounds, scrapes abrasions, “road rash” and/or contusions, dehydration, oxygen shortage (hypoxia), exposure and/or altitude/water sickness: head, neck, and/or spinal injuries, animal bite or attack, insect bite or allergic reaction, shock, drowning.

COVENANT OF GOOD FAITH: I recognize that you, as provider of services will operate under a covenant of good faith and fair dealings, but that you may find it necessary to terminate an activity due to no forces of nature, medical necessities or problems in the group; and/or refuse or terminate, the participation of any person you judge to be capable of meeting the rigors or requirements of participation in the activity. I accept your right to take such actions for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with the respect to cycling and boating objectives.

AUTHORIZATION: I herby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or in its absence agree to pay all medical costs of rescue and/or medial services as may be incurred on my/our behalf. I agree that any film or photographs of me/us, as participants, become your property and may be used for promotional or commercial purposes.

RULES OF OPERATION:
LESSEE hereby agrees to rent BICYCLES, UNIQUE CYCLES, PEDAL-ASSISTED ELECTRIC CYCLES, PEDAL BOATS, KAYAKS, SKATES AND EQUIPMENT at the posted hourly rate subject to the following rules of operation:
1. All specialty cycles shall be operated, on extreme right hand side of streets and recreational bike path to and from designated areas. I agree, upon inspection, that the cycle or cycles I am operating or anyone in my group is operating is safe and in good order.
2. Bicycles, pedal-assisted electric cycles, and unique cycles shall obey all DMV laws where streets and cars are concerned. Use hand signals, ride with direction of traffic to the far right, etc. No U-turn, racing or reckless driving. I agree that if I operate or any in my group operates, a cycle in an unsafe or negligent manner, or do not adhere to the rules or regulations given by Wheel Fun Rentals I am subject to immediate termination of rental and loss of any money I/we paid.
3. Always place feet on the pedals while Quadricycle is in forward motion. WHEN BACKING UP, TAKE FEET OFF PEDALS AND PLACE FEET ON GROUND AWAY FROM PEDALS, FRAME, AND OFF CHAINGUARD. PEDALS ROTATE BACKWARDS WHEN BACKING UP AND COULD HIT YOUR SHIN OR PINCH YOUR TOES OR FOOT CAUSING SERIOUS INJURY.
4. Please check brakes before leaving the rental area and obey all instructions given by lessor.
5. Never land on shore with boats. When leaving and returning to the rental area use the dock when getting in and out of boat. Stay clear from fishing and casting lanes.
6. All boaters must obey all lake rules and regulations.
7. LESSEE must be at least eighteen (18) years of age and all children must be accompanied by a responsible adult over eighteen (18) years of age.
8. LESSEE ASSUMES LIABILITY FOR ANY AND ALL PROPERTY DAMAGES OR PERSONAL INJURIES, INCLUDING HIS OR HER OWN, OR ANYONE WITH LESSEE ARISING OUT OF THE OPERATION OF THE BICYCLES, UNIQUE CYCLES, PEDAL-ASSISTED ELECTRIC CYCLES, PEDAL BOATS, KAYAKS, AND EQUIPMENT RENTED PURSUANT TO THIS AGREEMENT. LESSEE WILL BE RESPONSIBLE FOR ANY MONETARY CHARGES FOR EXTRA RENTAL TIME OR DAMAGES NOTICED AFTER RENTAL, SUCH AS BUT NOT LIMITED TO, BENT RIMS, BENT PEDALS, BROKEN CRANKS, FLAT TIRES, BROKEN PADDLES, BROKEN HULLS, ETC. AT THE TIME OF RETURN. FAILURE TO RETURN THE ABOVE RENTED EQUIPMENT IS A SERIOUS CRIME AND VIOLATORS WILL BE PROSECUTED FOR FELONY THEFT.

RELEASE: As consideration for being permitted by Wheel Fun Rentals or one of its affiliated organizations to participate in these activities and use of their equipment. I hereby agree that I, my assignees, heirs, distributes, guardians, and legal representatives will not make a claim against, sue or attach property of Wheel Fun Rentals, the city or any of its affiliated organizations or the supplier of any of the equipment I or anyone in my party will use in these activities for injury, or death, or damage resulting from the negligence or other acts, howsoever caused by Wheel Fun Rentals or by any employee, agent or contractor of Wheel Fun Rentals or any of its affiliated organizations as a result of my participation in the rental and use of their Equipment. I hereby agree to indemnify and hold harmless and release Wheel Fun Rentals and any of its affiliated organizations from all actions, claims, or demands that I, my assignees heirs, distributees and legal representatives now have or may hereafter have for injury, or death, or damage resulting from my participation in the rental and use of their Cycles, pedal-assisted electric cycles, Pedal Boats, Kayaks, or equipment. In consideration of services provided, I, for myself and any minor children for which I am parent, legal guardian or otherwise responsible, any heirs, personal representatives or assigns, or any others in my group, do hereby release WHEEL FUN RENTALS its principals, directors, officers, agents, employees and volunteers and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted, are released from all liability and I/we waive any claim for damage arising from any cause whatsoever (except that which is the result of gross negligence).

HELMET WAIVER
I, the undersigned, recognize the dangers inherent with bicycle riding and skating. I am assuming the hazards of this risk upon myself since I wish to ride/skate. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger that I am exposing myself to. I have been offered a protective helmet, which could prevent permanent brain damage or death in the event of any accident. Against the advice of the rental operator, the management, and the insurance company, I understand the risk of refusing this critical safety precaution.
I have received________________# of helmets Initials.

I HAVE READ THE FOREGOING WARNING, ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND RULES OF OPERATION. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I MAY BE WAIVING VALUABLE LEGAL RIGHTS.

 

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Signature & Date