Obligations of Evolution Biking
Evolution Biking provides quality rental bicycles in a properly operating condition, ready to ride. An Evolution Biking representative will adjust the seat height, Suspension and Brake Lever for the client if needed upon collection.
Obligations of Client
The client is required to know how to operate a bike and ride according to their level of experience and ability. If a client is unsure or inexperienced, he or she is required to ask an Evolution Biking representative for instructions or advice.
The client is required to wear a helmet at all times. Additional protective clothing and equipment is recommended.
The client confirms that he or she understands the relevant road rules and practices safe cycling.
The client is required to return the bicycle at the agreed date of return or contact Evolution Biking to determine if an extension of bike rental period is possible.
The client is required to report any damage or mechanical problems to Evolution Biking at the time of return. The client is responsible for making sure bike is stored in a secure location whilst on hire.
Theft or Damage to Bike
The client is responsible for any damages to or total loss of rental bike(s).
Any damage or total loss will be quoted for repair/ replacement and discussed with client upon return. Payment is required at the time of return for any damages. We reserve the right to contact the client within 24hour of bike return for unreported damages by the client to collect payment.
The repair/ replacement cost will be charged to the Client at cost price for parts and will include labour charges if necessary.
Waiver
The client acknowledges and agrees that Evolution Biking maintains no control over the operation of the rental bike(s) whilst in use by the hirer. Evolution Biking assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, delay, inconvenience, or irregularity which may be occasioned either by reason of:
Any wrongful, negligent or accidental acts or omissions on the part of the client or the client's agents
Any defect or failure of the bike, equipment or instrumentally owned, operated or otherwise used by the client
Any wrongful or negligent acts or omissions on the part of any other party not under the control, direct or otherwise of Evolution Biking.
The client hereby releases Evolution Biking and its agents and employees from and against any and all liability arising during the rental/loan/guiding period. The client acknowledges that he or she is aware of the risks involved with cycling, including but not limited to physical exertion, forces of nature, accidents, travel via any mode of bike shuttle transport, adequacy of medical facilities, or negligence (other than wilful or fraudulent) on the part of employees, agents or others of Evolution Biking.
Clients agree to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake. Clients agree that the terms herein are binding on them, their family members, heirs, successors, assigns, dependents and/or minors accompanying them, and their legal representatives.
Clients acknowledge and agree that Evolution Biking and its agents have the right to refuse participation by any person judged to be incapable of activities, and for not executing this document or other required documentation. Any dispute arising out of these matters whatsoever shall be resolved in binding arbitration/ adjudication under the laws of the country of Australia.
Any part of this document found to be void or unenforceable should not negate the enforcement of the remainder.