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Bike Rental Agreement/Waiver

Please check the following statements:

I hereby acknowledge and agree to the following rental agreement terms and conditions:

Bicycles are rented out to the public in clean and proper working condition and must be returned in the same manner. It is the responsibility of the customer to check the bike at the pick-up location for any damages or defects prior to taking the bike out of the rental place.

Helmets are provided and recommend as part of the rental contract. It is mandatory for those below the age of 18 to wear a helmet as per Provincial Legislation. Customers who decline to rent and wear helmets have done so at their own risk.

PLEASE READ CAREFULLY THE FOLLOWING:

I agree to return the bike in clean, undamaged condition to avoid any additional charges for repair, maintenance or replacement. I accept the use of the equipment, as is, in good condition and accept full responsibility for care of the equipment while in my possession. Damaged parts or components will be repaired/replaced at the Corporation of the Town of Cobourg’s discretion and I agree to pay regular rates and retail prices for components replaced. Clean condition means normal wear and tear is accepted but does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes.

I understand and accept that renting this bicycle and participating in biking exposes me to many hazards including unavoidable risks of death, personal injury and loss of or damage to the property. I choose to participate in bicycling in spite of these risks and hereby assume all risk of injury or loss of life to myself and loss of damage to property arising out of renting this bicycle and participating in bicycling. I understand the inherent risk involved in using this equipment, accept full responsibility for any and all such damage or injury which may result.

WAIVER:
In consideration of the Corporation of the Town of Cobourg renting me this bicycle, I specifically release and forever discharge the Corporation of the Town of Cobourg and its affiliates, 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 and participating in bicycling. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by negligence of the Corporation of the Town of Cobourg or its affiliates, officers, agents, or employees. It is my intent by signing this Waiver and Release Agreement to release the Corporation of the Town of Cobourg and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of the Corporation of the Town of Cobourg whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this document I fully recognize that if injury, illness, death or damage occurs to me while I am engaged in renting the bicycle or participating in bicycling, I will have no right to make a claim or file a lawsuit against the Corporation of the Town of Cobourg or its affiliates, officers, agents or employees, even if they or any of them negligently cause my injury, illness, death or damage.

Bikes returned with a significant amount of damage will not be eligible for their deposit to be returned. Damages include severe body damage, wheel barring damage, etc. Regular wear and tear (paint chip/ flat tire) is tolerated.

All bikes must be returned on the hour given by the Experience Ambassador at the time of rental. If they are not returned by this time, the renter will not be issued their deposit.

I understand the following:

I realize the importance of wearing a helmet. A helmet has been recommended to me by Staff. If I do not wear a helmet, I am doing it at my own will and risk.

I understand that this activity may result in severe injury, including but not limited to spinal or head injury.

I understand that this activity may result in hazards posed by other bicycle, pedestrian, motor vehicle traffic or road conditions and it is my responsibility to follow the rules of the road subject to the Ontario Highway Traffic Act.

I understand that late arrivals may be subject to an additional charge.

I have carefully read this agreement and waiver in its entirety and understand the content. I am aware this is a waiver and I sign it voluntarily.

Furthermore, I agree to the terms of the corporation of the Town of Cobourg bicycle rental agreement above.

Date:

First and Last Name:

Signature:

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Address:

Town/City:

Province:

Postal code (A9A 9A9)

Cell phone number (xxx-xxx-xxxx)

Email Address:

Age (if under 18):

Parent/Guardian Full Name:

Parent/Guardian Signature:

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This form may contain personal information as defined under the Municipal Freedom of Information and Protection of Privacy Act. This information is collected under the legal authority of the Municipal Act, 2001, S.O. 2001 c.25, as amended. Inquires about the collection of personal information should be directed to the Municipal Clerk: 905-372-4301 or clerk@cobourg.ca.