Waiver
Bicycle Rental Agreement & Release
-
Please read carefully.
RENTERS/LESSEES ASSUMPTION OF RISK, RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT
Note: Bicycle, Bike, E-Bike, and Electric Bike are synonymous in this rental agreement and release (waiver).
By affirmatively paying, electronically paying, clicking “Submit Rental Agreement (Waiver)” below, signing, or electronically signing, you have read, understood and agreed to the terms of this Agreement. Renter/Lessee, in consideration of the Services of Bikes, Bagels, & Brew LLC (DBA Bike PCB, B3ars) on behalf of myself, my agents, employees, and other persons or entities acting in any capacity on my behalf, my children, my parents, my heirs, my assigns and my personal representatives in estate agree as follows:
I certify that I am the person renting a Bicycle, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.
OR
I certify that I am the Parent or Legal Guardian of the Renter, who is 16 years of age or older, and I have read and agreed to the terms and conditions set forth in this Rental Agreement on behalf of myself and the Renter, and I authorize the use of the Services by such minor.
LESSEE/RENTER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVES THE RIGHT LESSEE/RENTER, OR ITS AGENTS, ASSIGNS OR FAMILY MEMBERS, MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT AND I HEREBY ACCEPT THE SAME.
I HERBY AGREE THAT ANY AND ALL CLAIMS OR ISSUES ARISING OUT OF, UNDER OR CONNECTION WITH THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. I FURTHER AGREE THAT BAY COUNTY COURT SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY AND ALL ISSUES OR ITEMS ARISING OUT OF OR UNDER OR IN CONNECTION WITH THIS AGREEMENT.
LESSEE/RENTER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUMES ALL RISK, RESPONSIBILITY AND LIABILITY FOR: (a) OPERATION AND POSSESSION OF THE RENTAL PROPERTY; (b) ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY, DUE TO LESSEE/RENTER’S OPERATION OR POSSESSION OF THE RENTAL PROPERTY; and (c) ANY NEGLIGENCE OF BIKES, BAGELS, & BREW LLC, ITS AGENTS, EMPLOYEES, OFFICERS, PARTNERS, PARENT COMPANY, SUCCESSORS AND/OR ASSIGNS.
I, THE LESSEE/RENTER, BY AFFIRMATIVELY CLICKING BELOW, ELECTRONICALLY PAYING, ELECTRONIC SIGNATURE AND/OR SIGNING THE ORIGINAL AGREEMENT THE TERMS AND CONDITIONS, HEREBY REPRESENT, WARRANT AND AFFIRM THAT: (a) I AM MENTALLY COMPETENT TO ENTER INTO THIS AGREEMENT; (b) I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ALL TERMS, CONDITIONS AND PROVISIONS HEREIN; (c) I UNDERSTAND THAT I AM LEGALLY BOUND BY THIS AGREEMENT; and (d) I AM ASSUMING ALL LIABILITY FOR POSSESSION AND OPERATION OF THE RENTAL PROPERTY AND I ASSUME ALL SUCH RISK AND LIABILITY VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY.
I understand that participating in activities or using equipment that involve bicycles, bicycle riding routes, and/or bicycle accessories can be a hazardous activity and it has known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage on injury to myself, to property, or to third persons or parties. I understand that such risks cannot be eliminated by Bikes, Bagels, & Brew LLC without jeopardizing the essential qualities of this activity.
I understand that it is my responsibility to obey Florida road safety laws. I understand that bicycle riders under the age of 16 must wear a bicycle helmet. I understand that electric bicycle riders will be given a helmet and encouraged to wear at all times. I understand that I shall not ride at night unless I have appropriate front and rear bicycle lights as required by Florida road safety laws. I hereby agree to freely and expressly assume and accept any and all risks and all injury to the user of this equipment. For bicycling, I understand that bicycle protective gear such as helmets, shoes, and gloves are recommended but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident, including but not limited to: falling, collision with highway or roadway vehicles, striking obstructions or other persons, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).
I agree and hereby release Bikes, Bagels, & Brew LLC from any and all responsibility of liability for injuries or damages to the user of the rented/leased equipment or to any person who uses this equipment. I agree, and any person who uses this equipment agree, not to make a claim against or sue Bikes, Bagels, & Brew LLC for injuries or damages related to bicycling or use of this agreement.
I hereby agree and knowingly, intelligently and voluntarily agree to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks.
Further, I hereby agree to defend, protect, indemnify and hold harmless Bikes, Bagels, & Brew LLC from, all claims, actions, proceedings, costs, damages, and liabilities, including attorney’s fees, arising out of, in any way connected with, or resulting from my participation in this activity or my use of the rented/leased equipment, including without limitation the possession, use, operation, or return of the equipment, any such claims which allege negligent acts or omissions on the part of Bikes, Bagels, & Brew LLC.
I further hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or otherwise I agree to bear the costs of such injury or damage myself. I understand and hereby agree that any insurance coverage I maintain, whether liability, casualty, personal or health shall constitute the primary coverage in the event of any loss, injury, death, or damage to persons or property while using or operating Bikes, Bagels, & Brew LLC equipment. I further hereby certify that I have no medical or physical conditions which would interfere in my safety in this activity, or else I am willing to assume all such liability, damages or costs that may be created, directly or indirectly hereon by such condition or conditions.
All riders in my party understand that using Bikes, Bagels, & Brew LLC’s self-checkout feature means a rented bicycle may not have been serviced by a mechanic since it was last used and accept the inherent associated risk. Before each use of a Bicycle, I understand I must conduct a safety inspection of the Bicycle, which I acknowledge I am competent to do, and which includes inspecting for all of the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes, chains, and lights; (iv) proper attachment of the seat, pedals, and basket; (v) alignment of the fender and the metal rods that hold the fender in place; (vi) good condition of the frame; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. I will not ride the Bicycle if I notice any mechanical or other problem or safety issue; and, in such case, I will promptly notify Bikes, Bagels, & Brew LLC (850-739-1255, BikesBagelsBrew@gmail.com), as applicable, of all problems and issues and not ride or use a different Bicycle. I will not attempt to repair any Bicycle.
I will not modify, dismantle, write on, or otherwise alter or deface a Bicycle or any part of a Bicycle in any way. I may not use a Bicycle for any advertising or similar commercial purpose.
I may not attach anything to a Bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles. I hereby certify that I understand and permit Bikes, Bagels, & Brew LLC to use gps tracking equipment (e.g., an Apple AirTag) to ensure the Company’s bicycles / electric bicycles / equipment do not leave Bay County and is safely returned at the end of the rental period.
I do not exceed the maximum weight limit for the Bicycle (265 pounds cruiser bicycle, 400 pounds electric bicycle) and will not exceed the limit for the basket (5 pounds), and I will not otherwise use the basket improperly with regard to type of contents or any visual obstruction or riding impediment. I understand the basket is not a child seat or animal carrier.
All riders in my party understand that the equipment, at all times, remains the exclusive property of Bikes, Bagels, & Brew LLC. It is my understanding that I am responsible for damage to or loss of the equipment. If any of the equipment is lost, destroyed or damaged beyond repair in the judgment of Bikes, Bagels, & Brew LLC, I hereby agree to pay Bikes, Bagels, & Brew LLC the value of the bicycle (cruiser = $349, electric = $1,200) and/or said leased equipment. All repairs needed as a result of the use of the equipment will be performed at the normal rate. Rates and costs of such repairs, including all parts, shall be paid at the time of the return of the equipment.
Bikes, Bagels, & Brew LLC strongly recommends that all users of our Services wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. I agree that, when using any of Bikes, Bagels, & Brew LLC’s Services, I might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.
I represent, warrant, and agree that Bikes, Bagels, & Brew LLC is not responsible for providing or maintaining bicycle lanes or any other place where I may ride Bicycles, and that Bay County and the other Released Persons do not guarantee that there will always be a safe place to ride a Bicycle.
I represent, warrant, and agree that Bikes, Bagels, & Brew LLC, Bay County, and the other Released Persons are not common carriers. Alternative means of public and private transportation are available to the general public and to me, including public buses, taxis, and pedestrian paths. Bikes, Bagels, & Brew LLC provides Bicycles only as a convenience and recreational activity, not as a public service, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bicycle on their own and who have agreed to all terms and conditions of this Rental Agreement.
I will report to the police (phone = 911) and to Bikes, Bagels, & Brew LLC’s Customer Services at 1-850-739-1255 as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Bicycle, (ii) any vandalism of any of the Services, or (iii) any stolen or lost Bicycle.
I understand I may contact Bikes, Bagels, & Brew LLC by writing, calling or emailing at the address listed below:
6530 Thomas Drive, Panama City, FL 32408
Customer Service: 1-(850) 739-1255
Return. To return a Bicycle, I must secure the bicycle into an available Bike Dock / Rack slot. To do so, I will loop the lock through the bicycle’s frame and an arm of the Bike Dock / Rack, close the bicycle lock, and then twist the lock’s combination or insert the lock-key and turn to close. Any Bicycle that is not properly secured remains my sole responsibility, and the usage fees described above will be charged until the Bicycle is properly secured.
Should Bikes, Bagels, & Brew LLC or anyone acting on their behalf, be required to incur attorney’s fees and/or costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs.
LESSEE/RENTER’S PARTICIPATION IN RENTAL TERMS
Lessee/Renter agrees to be bound by all the following provisions relating to the use of Bikes, Bagels, & Brew LLC equipment.
Authorized uses/prohibition on passengers. (Bicycle rentals) A. No other person may drive or otherwise operate equipment except the Lessee/Renter. B. Lessee/Renter is prohibited from carrying any passengers on the equipment at any time. C. Lessee/Renter may not add any kind of seat or modification to allow someone to ride on the rear fender, and no one may ride on the handlebars at any time. D. Lessee/Renter is prohibited from pulling or towing any passenger or object with the equipment at any time.
E. For group rentals with a single payor: Single payor acknowledges they have informed all members of household and/or rental party of this agreement waiver and continued use of the rental constitutes acceptance of agreement waiver by all members. In the event payor does not inform all group members of agreement waiver, then payor agrees to indemnify Bikes, Bagels, & Brew LLC from and against all claims made by any member of the party who makes a claim based on lack of knowledge of agreement waiver.
Return of equipment. A. Lessee/Renter agrees to return the equipment to Bikes, Bagels, & Brew LLC or one of the company’s bike docks / racks in the same condition as received, except for ordinary wear and tear on the due date and time at the location specified by Bikes, Bagels, & Brew LLC, at time of rental. Lessee/Renter agrees to return the equipment sooner if so demanded by Bikes, Bagels, & Brew LLC. Lessee/Renter understands that there may be rate of special charges if Lessee/Renter return the equipment at a different time, date or location than indicated in this Agreement.
Repossessing the equipment. A. Bikes, Bagels, & Brew LLC may repossess the equipment at anytime if: (1) the equipment is used in violation of law; (2) it appears the equipment is abandoned; (3) the equipment is used in violation of any term or condition in this Agreement; (4) Lessee/Renter made a misrepresentation to Bikes, Bagels, & Brew LLC; or (5) Lessee/Renter fails to return the equipment when due. Bikes, Bagels, & Brew LLC is not required to notify Lessee/Renter in advance of repossession.
Prohibited use of the equipment. A. Use of the equipment is restricted to Bay county in which Bikes, Bagels, & Brew LLC offers the equipment. The use of rented/leased equipment is limited to use by the Lessee/Renter and/or members of the Lessee/Renter’s household and/or rental party. Lessee/Renter will not operate equipment except within this bounded area and will not remove equipment from this area. Lessee/Renter will not use or permit the equipment to be used for hire, to be operated in a test, race or contest, or to be driven on any unpaved road, in dirt, through water, or off a designated trail, or in public parks if specifically prohibited, or in any location that operation would be illegal or a nuisance to others. Lessee/Renter will not use or permit the equipment to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Lessee/Renter liable to Bikes, Bagels, & Brew LLC for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses association with a violation of this paragraph.
Damage to equipment and/or bicycles. A. Lessee/Renter shall pay Bikes, Bagels, & Brew LLC for all losses and/or damages to the equipment, regardless of fault (e.g. Lessee/Renter agrees to pay for the loss even though someone else caused the damage or is at fault). Lessee/Renter is also responsible for all theft or vandalism losses, even if Lessee/Renter is not at fault for making the theft or vandalism possible. If the equipment is damaged, Lessee/Renter agrees to pay the reasonable costs of repair and diminution in value, if any. If the equipment is damaged beyond reasonable repair (as determined by Bikes, Bagels, & Brew LLC or a third party mechanic), Lessee/Renter shall be responsible for the retail fair market value less any salvage value if applicable. In addition to the above, Lessee/Renter shall be responsible for the reasonable down time (“Loss of Use”), reasonable administrative fee as determined by Bikes, Bagels, & Brew LLC or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Lessee/Renter shall be responsible for paying Loss of Use at the daily rate for each 24 hours Lessee/Renter delays in paying the total loss. Lessee/Renter is also responsible for any loss if Lessee/Renter: (1) abuses the equipment or violates any prohibited use or operation as specified in this Agreement; (2) drives and/or uses equipment recklessly; (3) drives and/or uses equipment while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and/or proper authority and Bikes, Bagels, & Brew LLC; (5) fails to complete an accident report; (6) obtains the equipment through fraud or misrepresentation; or (7) uses the equipment for an illegal purpose. Lessee/Renter hereby authorizes Bikes, Bagels, & Brew LLC to collect from a responsible third party any applicable loss and/or damage. In the event Bikes, Bagels, & Brew LLC obtains a recovery from a third party after Lessee/Renter has paid Bikes, Bagels, & Brew LLC for all or part of any loss, Bikes, Bagels, & Brew LLC will refund to Lessee/Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s fees.
Lessee/Renter Assumes Risk of Injury. A. Lessee/Renter knowingly, intelligently and voluntarily assumes all risks, including but not limited to death or serious bodily injury, which may result from the operation of the equipment. Lessee/Renter acknowledges all the risks of operating equipment on streets, roads, bike paths, bike lanes, and in traffic, or on the beach, in the surf in the bay or in the Gulf of Mexico including but not limited to the risks of serious bodily injury or death from falling off the equipment, colliding with other equipment, motorcycles, motor vehicles or other objects, hitting potholes or suffer sudden loss or control due to unseen objects, and hazards relating to weather conditions; or colliding with swimmers, pedestrians or other persons. Despite knowing all associates risk, Lessee/Renter freely assumes all risks of personal injury and/or damage in the operation of this equipment and Lessee/Renter agrees to hold Bikes, Bagels, & Brew LLC harmless from all claims or injury or damage. B. Lessee/Renter acknowledges and agrees that Bikes, Bagels, & Brew LLC maintains no control over the operation of the rented/leased equipment while in the operation of the rented/leased equipment while in the possession of Lessee/Renter. Bikes, Bagels, & Brew LLC assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience or other claim which may occur either by reason of: Any wrongful, negligent or accident acts or omission on the part of the Lessee/Renter; Any defect in or failure of any rented/leased item, equipment or instrumentality, owned, rented, operated or otherwise used by Bikes, Bagels, & Brew LLC; Any wrongful or negligent acts or omissions on the part of any other party. Disclaimer of Warranties Applicable to all Rental Equipment.
Lessee/Renter further acknowledges and agrees: Each item of rented equipment is of a type, design, quality and manufacture selected by Lessee/Renter’s acceptable to Lessee/Renter, and suitable for Lessee/Renters purposes; Bikes, Bagels, & Brew LLC is not the manufacturer of the rental/leased equipment; Bikes, Bagels, & Brew LLC is not required to enforce any manufacturer’s warranties on behalf of itself for the Lessee/Renter; and, All items are rented “as-is” without any warranty, either express or implied, and Bikes, Bagels, & Brew LLC expressly disclaims any warranty, expressed or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.
Payment.
Lessee/Renter agrees to pay upon demand: A. All rates, charges, (including those applicable to miscellaneous services and equipment) plus applicable taxes, fees, and surcharges (if applicable) which may apply to the equipment rental. B. Charges for loss and/or damage to the equipment in accordance with paragraphs above. Lessee/Renter understands that all charges are not final and are subject to audit. Lessee/Renter specifically agrees and authorizes Bikes, Bagels, & Brew LLC to make any charges by the method of payment used by Lessee/Renter at time of reservation and/or rental, including Lessee/Renter’s credit card if that form of payment is utilized.
Credit Reserve and Payment. A. Lessee/Renter understands that Lessee/Renter may be required to deposit an amount (to be used against the final bill) equal to the estimated total charge for the equipment rental at the rates indicated in this Agreement. Lessee/Renter authorizes Bikes, Bagels, & Brew LLC to place any amount(s) due from Lessee/Renter as a result of the equipment rental on to Lessee/Renter’s credit card, if that form of payment is utilized.
Loss of Personal Items A. Lessee/Renter understands that Bikes, Bagels, & Brew LLC is not responsible for loss of personal items during Lessee’s/Renter’s bicycle tour and/ or rental. The Lessee/Renter is responsible for ensuring their personal items are safe and secure when using, storing, or in control of the bicycle. Loss of personal items from a phone holder, bicycle storage bag, bicycle tow rack, or other bicycle feature is the sole responsibility of the Lessee/Renter.
Marketing.
Renter grants Bikes, Bagels & Brew LLC and its affiliates the right and permission to use in perpetuity, Lessee/Renter’s likeness, image, recorded voice, appearance, in any manner and in any media, now known or later developed for the purpose of advertising and publicizing the company’s products and services. Lessee/Renter understands they may contact the company to discuss reasonable removal or discontinuation.
General Provisions. A. Lessee/Renter represents that the information contained in this Rental Agreement is true, accurate, and complete. In the event that any information is not true, accurate or complete in any respect, Lessee/Renter agrees that Bikes, Bagels, & Brew LLC has the right to terminate this Agreement with or without notice. B. Lessee/Renter agrees that Lessee/Renter will be responsible for any unauthorized repairs or modifications to the equipment. Lessee/Renter understands that Bikes, Bagels, & Brew LLC will not reimburse Lessee/Renter’s for any authorized repairs without receipt(s). C. Lessee/Renter understands that in no event shall Lessee/Renter be deemed to be an agent, servant, or employee of Bikes, Bagels, & Brew LLC in any manner for any purpose whatsoever. Lessee/Renter agrees that Bikes, Bagels, & Brew LLC does not waive any rights under this agreement except in writing signed by an authorized Bikes, Bagels, & Brew LLC officer.
Bicycle Rental Agreement & Release (Waiver) updated February 15, 2025.