On the Lake Electric Bike Company, LLC
BICYCLE, ELECTRIC BICYCLE, & MOBILITY SCOOTER RENTAL AGREEMENT TERMS, CONDITIONS, RELEASE AND WAIVER OF LIABILITY
A physical copy of this document will be available for your review at the time of delivery.
“Agreement” means all terms and conditions found in this document.
“Authorized Driver” means the renter and any additional driver listed on this Agreement, provided that each such person has a valid driver’s license and, is at least 18 years of age.
“Company” means On the Lake Electric Bike Company, LLC, and includes, but is not limited to, its officers, directors, owners, employees, instructors, representatives, agents, and contractors.
“Loss of use” means the loss of or ability to use the Vehicle for any purpose due to damage to it during this rental.
“Vehicle” means the Bicycle, Electric Bicycle and/or Mobility Scooter identified in this Agreement and any Vehicle we substitute for it, and all of its tires, tools, accessories, equipment, keys and documents.
“You” or “your” means the person identified as the renter and/or the person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
“We”, “our” or “us” means the Company.
2. Rental and Indemnity.
This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or is used in violation of the law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle.
WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT, REGARDING THE VEHICLE, NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE.
4. Condition and Return of Vehicle.
You must make arrangements for us to pick up the Vehicle on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. The Vehicle remains our property and failure to return it on the agreed date may constitute larceny. If the Vehicle is not available at the time arranged for pick up, charges will start to accrue until arrangement is made for pick up.
5. Responsibility for Vehicle Damage or Loss; Reporting to Police.
You are responsible for all damage to or loss of the Vehicle, including the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Vehicle, loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
6. Further Responsibilities.
You are further responsible for all damage to or loss of the Vehicle which: (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (g) occurs outside the following geographic limitations: Vehicle may only be used within the State of Ohio (USA); (h) occurs as a result of driving the Vehicle on unpaved roads; (i) occurs and the odometer has been tampered with or disconnected; (j) occurs when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (k) occurs as a result of your willful, wanton or reckless act; (l) occurs and you fail to summon the police to any Vehicle accident involving personal injury or property damage.
You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy (the “Policy”) that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required by this state. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law.
You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) optional products and services you purchased; (b) any parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $50 for each such charge; (c) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (d) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (e) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (f) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (g) a reasonable fee not to exceed $50 to clean the Vehicle if it is returned substantially less clean than when rented.
We and the Authorized Driver will both inspect the Vehicle before the Vehicle is rented, and upon the return, or pickup of the Vehicle.
9. Deposit - Hold.
We may use your deposit of $250.00 to pay any amounts owed to us under this Agreement. You understand that you will remain liable for charges that exceed your deposit.
10. Your Property.
You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service or delivery vehicles, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility
11. ASSUMPTION OF RISK.
YOU UNDERSTAND THAT THERE ARE POSSIBLE RISKS TO YOURSELF AND OTHERS, INCLUDING THE RISKS OF DEATH, SERIOUS BODILY INJURY, AND PROPERTY DAMAGE THAT MAY BE ASSOCIATED WITH OPERATING A VEHICLE.
YOU ARE RESPONSIBLE FOR THE SAFETY OF YOURSELF AND ANY GUESTS YOU MAY HAVE ON THE VEHICLE.
YOU HEREBY STATE, THAT TO THE BEST OF YOUR KNOWLEDGE, YOU ARE IN GOOD PHYSICAL AND MENTAL CONDITION, AND UNDERSTAND THE VEHICLE SAFETY PROCEDURES. YOU VOLUNTARILY ASSUME ALL RISK OF ACCIDENT OR DAMAGE TO YOUR PERSON OR PROPERTY WHICH MAY BE INCURRED FROM OR BE CONNECTED IN ANY MANNER WITH YOUR USE, OPERATION OR RENTAL OF THE VEHICLE.
12. RELEASE AND INDEMNIFICATION.
YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, COMPLETELY AND UNCONDITIONALLY FROM ALL CLAIMS, DEMANDS, ACTIONS AND FROM ALL LIABILITY FOR DAMAGE, LOSS OR INJURY (OF WHATEVER KIND, NATURE OR DESCRIPTION) THAT MAY ARISE OUT OF, OR YOU MAY SUSTAIN, IN CONNECTION WITH YOUR USE, OPERATION, OR RENTAL OF THE VEHICLE TO THE GREATEST EXTENT ALLOWED BY LAW. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, INCLUDING ATTORNEY’S FEES, EXPENSES AND COSTS, OF YOURSELF OR OF THIRD PARTIES (OF WHATEVER KIND, NATURE OR DESCRIPTION), WHICH MAY ARISE OUT OF, OR IN ANY MANNER CONNECTED WITH, OR CAUSED BY YOUR USE OR BY YOUR GUESTS OR AGENTS, OR OPERATION OR RENTAL OF THE VEHICLE. THIS RELEASE AND INDEMNIFICATION SHALL BE BINDING UPON YOUR HEIRS, ADMINISTRATORS, EXECUTORS, AND ASSIGNS.
No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must reserve the Vehicle again and be approved before riding it beyond the original agreed upon pickup date and time. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You agree that this Agreement and any dispute arising therefrom, as well as any dispute arising from your operation or use of the Vehicle, shall be determined exclusively by the courts of Ashtabula County, Ohio and under the laws of the State of Ohio. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a Vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
15. Electronic Signatures.
The Parties agree that signatures required by this Agreement are acceptable by electronic means and that the State of Ohio's Uniform Electronic Transaction Act (ORC § 1306) shall govern the signatures pertaining to this Agreement. Each party acknowledges and agrees that it shall not contest the validity or enforceability of this Agreement, including under any applicable statute of frauds, because they were accepted and/or signed in electronic form. Computer, electronically, and/or digitally maintained records of a party when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records. To facilitate execution, this Agreement may be executed by one or more or the Parties in the form of an "Electronic Record" (as such term is defined in the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. § 7001 et seq. ("ESIGN Act")). An "Electronic Signature" (as defined in ESIGN) that can be authenticated will constitute an original and binding signature of a party. The fact that a document is in the form of an Electronic Record and/or is signed using an Electronic Signature will not, in and of itself, be grounds for invalidating such document.
THIS RELEASE OF LIABILITY IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES
Please read this Agreement carefully before you sign it. If you do not understand any provision of this Agreement, you should not sign it until you obtain clarification of the provision(s) you do not understand. You are encouraged to have this Agreement reviewed by your legal representative or by any other advisor you may have before you sign it.
By confirming for or on behalf of the minor** named below, you represent, acknowledge and agree to the following: (i) you are the parent or legal guardian of the minor; (ii) you have read this Agreement and understand its terms; (iii) you are authorized to sign this Agreement on the minor’s behalf; (iv) you are releasing the Company from any claims, lawsuits or responsibilities for that minor.
By signing this Agreement, I certify that I have read this Agreement, that I fully understand it, and that I am not relying on any statements or representations made by the Company.
** If the passenger is under the age of 18, the child’s parent or legal guardian must read and sign this Release prior to the minor engaging in the activity.