The Hirer agrees
and acknowledges the following:
1. It has read and understood the terms and conditions
of this Bicycle Hire Agreement ( the “Agreement”) and further agrees to be
bound by it.
2. Has hired the use of the rental bicycle and any
equipment associated with the bicycle ( hereinafter referred to as the
“Equipment”) referred to in this
Agreement.
3.
To forgive and or release the Owner and or its employees,
staff and workers from any liability or loss whatsoever resulting from use of
the Equipment by the Hirer and or any third party associated with the Hirer and
the use of the Equipment.
4.
That riding the Equipment is an inherently
dangerous activity. Risks include but
are not limited to: DEATH; SERIOUS INJURY
TO THE HIRER; DAMAGE TO THE EQUIPMENT AND OTHER BIKES, GEAR AND CLOTHING; AND
DAMAGE TO AND/OR SERIOUS INJURY TO THIRD PARTIES AND THEIR PROPERTY.
5.
It is fully responsible for all damage or loss
whatsoever to the Equipment and agrees to pay for all costs, charges, fees and
expenses whatsoever associated with Equipment being lost, stolen, or damaged
whilst being under the use and control of the Hirer under this Agreement.
6.
That it has inspected the Equipment and has
satisfied itself as to its fitness for purpose that it has hired the Equipment
for.
7.
That it accepts full financial responsibility for
the care of the Equipment whilst in the Hirer’s possession, control and use;
including but not limited to paint scratches.
8.
That the Owner has provided all necessary instructions
for the use, including safety instructions for and of the Equipment and the Hirer
has fully understood such instructions.
9.
It understands that wearing a helmet may decrease
the risk of head injury.
10.
The Owner has provided a helmet and or the Hirer
has provided its own helmet ant the Hirer agrees and undertakes to wear a
helmet at all times while riding and accepts any and all consequences of not
wearing a helmet.
11.
That it is a legal requirement in the State of
Victoria that a bicycle rider must wear a helmet whilst riding a bicycle.
12.
That it is physically and mentally able to ride a
bike and is familiar with bike riding, its physical and mental requirements and
the risks involved.
13.
That it AGREES TO FULLY RELEASE AND DISCHARGE the
Owner FROM ANY LIABILITY whatsoever for any damage, injuries or claims,
including any injuries or damages to the Hirer or any third party or other person or to the
Hirer’s property or third party
property, as a result of Hirer’s use of the Equipment and /or bike riding.
14.
That it EXPRESSLY ASSUMES ALL RISK OF LOSS, DAMAGE
OR INJURY OCCURRING AS A RESULT OF BIKE RIDING.
15.
That by signing this Hire Agreement that it must be
over the age of 18 years and further acknowledges that the Hirer will ensure
that any other person using and or riding the bike must also be over the age of
18 years.
16.
That it is acknowledged by the Hirer that he or she
and any other person who uses or rides the hired bike is and understands the
road rules and will not ride in a reckless or dangerous manner and will take
all reasonable care.
17.
That it will NOT ride the hired bike on the beach,
sand or in water, should the Hirer do so will lead to the hired bike being
damaged requiring it to be dismantled, thoroughly cleaned and re-assembled the
costs of such will be borne by the Hirer.
18.
Consents to and authorises the Owner to debit the
Hirer’s credit card to cover the cost of any breach by it of this Agreement.
19.
That if this Hire Agreement is submitted online
over the internet or the like it is hereby deemed that upon the Hirer
submitting the application it has agreed to the terms and conditions of the
whole of this Agreement.
