Effibike Inc. E-Bike Rental Agreement & Waiver

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THIS IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING IT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, PLEASE READ IT CAREFULLY.

In consideration of Effibike Inc., allowing the participant to utilize the equipment and participate in the riding and related activities (hereinafter referred to as "activities covered by the Agreement”), I agree that:

1. ASSUMPTION OF RISK.

I know and understand the scope, nature, and extent of the risks involved in the activities covered by this Agreement. I understand these risks include, but are not limited to: equipment malfunction and/or failure to function; defective and/or negligent design and/or manufacture of equipment; improper and/or negligent assembly; improper and/or negligent operation and/or use of the equipment; carelessness and/or negligent instruction and/or supervision. I voluntarily, freely and expressly choose to incur all risks associated with the activities covered by this Agreement, understanding that those risks may include personal injury, damage to property, and/or death. 

2. EXEMPTION AND RELEASE FROM LIABILITY.

I exempt and release the following persons, corporations, and organizations: Effibike, Inc.; all of each person's, corporations, and organization's officers. agents, servants, employees, representatives, lessors; (hereinafter collectively referred to as “Releases”), from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, while upon the premises or while participating in any of the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of Releases, or from any other cause. I understand that all rental bikes have a speed limit of 32 km/h. If the speed has been modified or unlocked by any party other than Effibike, I take full responsibility for any consequences, and Effibike will not be held liable for any issues resulting from exceeding the legal speed limit.

3. COVENANT NOT TO SUE.

I agree never to institute any suit or action at law or otherwise against any of Releases, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, of any of Releases, or from any other cause. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of Releases, nor shall they initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from activities covered by this Agreement, whether caused by the negligence and for other fault, either active or passive, of any of Releases, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. Should any such suit or action at law or otherwise be instituted against any of Releases, I agree that such Releases shall be entitled to recover attorneys' fees and costs incurred in defense of such suit or action, including any appeals there from.

4. INDEMNITY AGAINST THIRD PARTY CLAIMS.

I will indemnify, save and hold harmless Releases from any and all losses, claims, actions, or proceedings of every kind and character, including attorney's fees and expenses, which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any or from any other cause.

5. VALIDITY OF WAIVER.

I understand and agree that if I institute, or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of Releases because of injury to my person or property, or my death, due to the activities covered by this Agreement, this Agreement can and will be used as evidence in court, and that agreements like this one have been upheld in courts in similar circumstances.

Rental Terms:

6. INSURANCE.

There is no lost property insurance for the rental plan. There is damage insurance for punctured tires available for purchase. I WILL NEED TO BUY THE INSURANCE WHEN SIGNING THE CONTRACT. Insurance will not be available for purchase after the contract start date. The puncture insurance includes two free puncture repairs. The insurance purchase rules are all or nothing, meaning the purchased insurance will also have to match the duration of the rental contract, ex., 1 week rental => 1 week puncture insurance.

7. BREACH OF CONTRACT.

If the rental contract is broken due to my actions—including but not limited to (1) failure to pay rental fees on time or before the end of the rental period, and/or (2) failure to return the rental e-bike and all included accessories—Effibike Inc. will enforce the following penalties: 

• If the e-bike is not returned, I will be required to pay the full retail value of the e-bike, accessories, applicable taxes, and rental fees. My deposit may be applied toward these charges, and any remaining balance must be paid separately.

• If Effibike retrieves the e-bike, my entire deposit will be used as a retrieval fee and will not be refunded. Effibike Inc. reserves the right to determine whether to pursue retrieval or charge the full replacement cost.

• If I fail to pay rental fees on time, Effibike reserves the right to charge the outstanding amount to the card I provided and terminate the rental contract.

• If I refuse to pay any owed amounts, Effibike may charge my card for all applicable fees. Warranty and return policies do not apply to any e-bike involved in a breached rental agreement. Effibike Inc. may pursue legal action, and I will be responsible for all legal costs, including court and attorney fees, along with any unpaid rental charges and replacement costs.

8. DEPOSIT.

Deposit is mandatory to rent a bike, and will be returned to the same card at the return of the e-bike to 518 Yonge St. Cash deposit will be returned electronically to the participant’s card due to safety reasons.

9. POST RENT INSPECTION.

ANY DAMAGES to the e-bike will have to be reviewed by an Effibike recognized technician, the cost for repair will be given by that technician. I will pay for all repair fees for broken/lost rental e-bike component(s) that were done during my rental period. A CLEANING FEE OF $15 will be charged when applicable. 

10. KEY & ACCESSORIES.

If I require an additional key from Effibike, other than the key already provided at the beginning of the rental period and stated in the rental contract, and both keys are not returned when the rental contract ends, I will PAY FOR THE FULL VALUE OF THE E-BIKE. If I fail to return any key or accessories at the end of the rental term, I will PAY FOR THE FULL VALUE PLUS TAX OF THE KEY AND ACCESSORIES indicated in the contract. 

11. BENEFIT.

For long term rental customers on a limited list of models, Effibike provides ONE FREE FULLY CHARGED BATTERY EXCHANGE EVERY FULL WEEK(Starting on Monday, under the International Standard for Representation of Time and Dates), during the rental period. I can use the free exchange service when the current battery is below 30%. The free exchange doesn’t carry over to the following week, if it isn't being used within the week. The free exchange also can’t be used prior to the week it belongs to. Each additional battery exchange will cost $5 plus tax. There is a limited supply of additional batteries, Effibike has the right to not provide a battery when there are no additional batteries available. 

12. CALCULATION & RENTAL TERM.

Calculation of rental dates will follow the actual return/termination date. In the case of a fixed monthly term for rental, I will have to strictly follow the return date to end the contract or extend the contract; a) I can switch from a fixed monthly term to a weekly term within the first week of the original monthly term, b) After the first week, I will have to pay for the full month with any additional dates extended while notified Effibike of the extension. In the case of a weekly term, I can extend the rental contract from 1 week to 1 month and get the monthly rate. In the case of an extension made before the end of the current week, the monthly term will be calculated from the beginning of the current week. Previous weeks of rental will not be included into the monthly rental term. In the case of a notified late return of the bike, the exceeded portion will be calculated based on the weekly rates.

13. RETURN.

The available return window is between 12PM(NOON) - 7PM. For an extension of the expected rental period, I will have to go to the Effibike Store to pay for the previous rental term and file an extension. If the rental e-bike is not being returned back to 518 Yonge st at the end of the agreed and signed rental term or if rental fees are overdue, the situation will be treated as breaking the contract by me. (Exceptions may apply if notified Effibike of the late return).

13. CONTRACT.

Effibike Inc. reserves the right to terminate any rental contract if there are safety concerns regarding the use of the rental e-bike. Effibike does not provide rental services to individuals under the age of 16. Individuals aged 16 to 17 may only rent with the consent of a legal guardian. No rental will be provided without meeting these age and consent requirements.