Terms of service
TERMS OF WAIVER RELEASE FORM
INTRODUCTION:
This E-Bicycle Rental, Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement (“Agreement”) contains the Terms and Conditions for your electric bicycle rental. This Agreement is between the bicycle renter (“Renter”) and SUPERSTITION ELECTRIC BIKE RENTALS LLC (“SUPERSTITION ELECTRIC BIKE RENTALS LLC”) and covers the rental of the electric bicycle and any related equipment and accessories such as tires, lights, rack, lock, helmet, safety gear, and related miscellaneous gear (“Bicycle”).
AGREEMENT:
Rental Fees: From the time identified on this Agreement until the Bicycle is returned Renter agrees to pay the hourly, daily, or multi-day rates as agreed upon reservation. Renter agrees to pay all charges for miscellaneous service and all sales, use, rental, and excise taxes including any applicable tax-related surcharges.
Cancellation Policy:
If your plans change prior to 48 hours, no problem! Your reservation can be rescheduled, subject to availability, or we can issue you a refund.
Reservations made within 48 hours of a scheduled event are final and cannot be changed. In addition, no-shows and non-canceled rentals will be charged for the reservation in full.
Please note that all cancellations must be received via email or phone.
Renter understands that Renter must pay in full an amount (to be used against the final bill) equal to the estimated total charge for the Bicycle rental at the rates indicated on the website and confirmed via email. SUPERSTITION ELECTRIC BIKE RENTALS LLC accepts payment by Venmo, PayPal, CashApp, and Zelle. Renter authorizes SUPERSTITION ELECTRIC BIKE RENTALS LLC to charge Renter any amounts due from Renter as a result of the Bicycle rental.
Charges for loss and/or damage to the Bicycle:
Renter understands that all charges are not final and are subject to an audit of the returned bicycle. Renter specifically agrees and authorizes SUPERSTITION ELECTRIC BIKE RENTALS LLC to make any charges by credit card if there is damage beyond normal wear and tear.
Renter understands that all charges are not final and are subject to an audit of the returned bicycle. Renter specifically agrees and authorizes SUPERSTITION ELECTRIC BIKE RENTALS LLC to make any charges by credit card if there is damage beyond normal wear and tear.
Bicycle Return:
Renter agrees to return the Bicycle to SUPERSTITION ELECTRIC BIKE RENTALS LLC in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by SUPERSTITION ELECTRIC BIKE RENTALS LLC. Renter agrees to return the Bicycle sooner if so, demanded by SUPERSTITION ELECTRIC BIKE RENTALS LLC. Renter understands that there may be rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.
Renter agrees to return the Bicycle to SUPERSTITION ELECTRIC BIKE RENTALS LLC in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by SUPERSTITION ELECTRIC BIKE RENTALS LLC. Renter agrees to return the Bicycle sooner if so, demanded by SUPERSTITION ELECTRIC BIKE RENTALS LLC. Renter understands that there may be rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.
Prohibited Use of the Bicycle:
Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race, or contest, or to be ridden in water, or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bicycle to be used for any illegal purpose. A violation of this paragraph automatically terminates the rental and makes Renter liable to SUPERSTITION ELECTRIC BIKE RENTALS LLC for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race, or contest, or to be ridden in water, or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bicycle to be used for any illegal purpose. A violation of this paragraph automatically terminates the rental and makes Renter liable to SUPERSTITION ELECTRIC BIKE RENTALS LLC for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
Damage to Bicycle:
Renter shall pay SUPERSTITION ELECTRIC BIKE RENTALS LLC for all losses and/or damage to the Bicycle, including theft or vandalism, regardless of fault. If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value. If the Bicycle is damaged beyond reasonable repair (as determined by SUPERSTITION ELECTRIC BIKE RENTALS LLC), the renter shall be responsible for the full amount of the bike ($2,500). In addition, Renter shall also be responsible for the loss of use, administrative fees, as determined by SUPERSTITION ELECTRIC BIKE RENTALS LLC or specified by law, plus any towing, pick-up, and/or storage charges. In the event of theft, Renter shall be responsible for paying loss of use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (1) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) rides recklessly; (3) rides while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and SUPERSTITION ELECTRIC BIKE RENTALS LLC; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for any illegal purpose. Renter authorizes SUPERSTITION ELECTRIC BIKE RENTALS LLC to collect from a responsible third party any applicable loss and/or damage. In the event OZ E-BIKES, LLC obtains a recovery from a third party after Renter has paid SUPERSTITION ELECTRIC BIKE RENTALS LLC for all or part of any loss, SUPERSTITION ELECTRIC BIKE RENTALS LLC will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s fees.
Accidents-Third Party Claims:
SUPERSTITION ELECTRIC BIKE RENTALS LLC is not responsible if Renter causes injury to another person or if Renter damages another Bicycle, vehicle, or personal property of another. Renter agrees to indemnify and defend SUPERSTITION ELECTRIC BIKE RENTALS LLC and pay any claim brought by a third party arising out of Renter’s use of the Bicycle and for any liability associated with any personal accident/injury as a result of Renter’s use of the Bicycle.
SUPERSTITION ELECTRIC BIKE RENTALS LLC is not responsible if Renter causes injury to another person or if Renter damages another Bicycle, vehicle, or personal property of another. Renter agrees to indemnify and defend SUPERSTITION ELECTRIC BIKE RENTALS LLC and pay any claim brought by a third party arising out of Renter’s use of the Bicycle and for any liability associated with any personal accident/injury as a result of Renter’s use of the Bicycle.
Statement of Physical and Mental Fitness, Insurance, And Bike Safety:
a. I understand that biking requires certain physical strength and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
b. I am in sound physical and mental condition and am able to ride a Bicycle. I can make informed, objective decisions. I currently have no known physical, medical, or mental condition which would impair my ability to ride a Bicycle, or else I understand I assume all risks that may be created, directly or indirectly, by any such condition.
c. I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability I may cause or suffer while riding the Bicycle or else I understand I must solely bear the costs of such injury or damage and all related costs.
d. I acknowledge that I have been advised to wear an approved helmet and reflective or white clothing and a light if biking after sundown. I am aware that electric biking is subject to all applicable municipal and provincial highway traffic regulations. I am familiar with the proper use of the Bicycle. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Bicycle.
Renter Assumes Risk of Injury:
Renter assumes all risks, including death or serious bodily injury, which may result from the operation of the Bicycle, weather, altitude, accidents, etc. Renter acknowledges all the risks of operating a Bicycle on streets, roads, bike paths, bike lanes, and in traffic, including the risks of serious bodily injury or death from falling off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles, or other objects, hitting potholes or suffering the sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, Bicycle malfunctions, and hazards relating to weather conditions. Despite knowing all associated risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold SUPERSTITION ELECTRIC BIKE RENTALS LLC harmless from all claims of injury or damage. Therefore, in consideration of the opportunity to rent a Bicycle from SUPERSTITION ELECTRIC BIKE RENTALS LLC, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with SUPERSTITION ELECTRIC BIKE RENTALS LLC. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of SUPERSTITION ELECTRIC BIKE RENTALS LLC or its officers, employees, and agents.
Renter assumes all risks, including death or serious bodily injury, which may result from the operation of the Bicycle, weather, altitude, accidents, etc. Renter acknowledges all the risks of operating a Bicycle on streets, roads, bike paths, bike lanes, and in traffic, including the risks of serious bodily injury or death from falling off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles, or other objects, hitting potholes or suffering the sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, Bicycle malfunctions, and hazards relating to weather conditions. Despite knowing all associated risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold SUPERSTITION ELECTRIC BIKE RENTALS LLC harmless from all claims of injury or damage. Therefore, in consideration of the opportunity to rent a Bicycle from SUPERSTITION ELECTRIC BIKE RENTALS LLC, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with SUPERSTITION ELECTRIC BIKE RENTALS LLC. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of SUPERSTITION ELECTRIC BIKE RENTALS LLC or its officers, employees, and agents.
Property left on Bicycle:
SUPERSTITION ELECTRIC BIKE RENTALS LLC is not responsible for personal property left on the Bicycle. Renter agrees to indemnify SUPERSTITION ELECTRIC BIKE RENTALS LLC in this regard. Release Of Liability, Waiver Of Claims And Indemnity Agreement: Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify SUPERSTITION ELECTRIC BIKE RENTALS LLC, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on SUPERSTITION ELECTRIC BIKE RENTALS LLC’s behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF SUPERSTITION ELECTRIC BIKE RENTALS LLC), demands for loss, damages, injuries, or any other causes of action relating in any way to my Bicycle rental AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUPERSTITION ELECTRIC BIKE RENTALS LLC OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM SUPERSTITION ELECTRIC BIKE RENTALS LLC’S NEGLIGENCE.
SUPERSTITION ELECTRIC BIKE RENTALS LLC is not responsible for personal property left on the Bicycle. Renter agrees to indemnify SUPERSTITION ELECTRIC BIKE RENTALS LLC in this regard. Release Of Liability, Waiver Of Claims And Indemnity Agreement: Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify SUPERSTITION ELECTRIC BIKE RENTALS LLC, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on SUPERSTITION ELECTRIC BIKE RENTALS LLC’s behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF SUPERSTITION ELECTRIC BIKE RENTALS LLC), demands for loss, damages, injuries, or any other causes of action relating in any way to my Bicycle rental AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUPERSTITION ELECTRIC BIKE RENTALS LLC OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM SUPERSTITION ELECTRIC BIKE RENTALS LLC’S NEGLIGENCE.
If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against SUPERSTITION ELECTRIC BIKE RENTALS LLC, I agree to indemnify SUPERSTITION ELECTRIC BIKE RENTALS LLC and pay all damages, costs, fees, expenses, and attorney’s fees incurred by SUPERSTITION ELECTRIC BIKE RENTALS LLC in defending such a lawsuit or such claims. In no event will SUPERSTITION ELECTRIC BIKE RENTALS LLC’s liability to a Renter be greater than the amount of the fees paid by the Renter to SUPERSTITION ELECTRIC BIKE RENTALS LLC for Bicycle rental, even if the amount of damages suffered by the participant customer may be greater than this amount. Furthermore, in no event will SUPERSTITION ELECTRIC BIKE RENTALS LLC be liable for any indirect, special, implied, incidental, consequential, or other damages, however, caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
EXCEPTIONS/EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS.
Dispute Resolution, Arbitration, and Governing Law:
Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. The prevailing party shall be entitled to recover attorney fees and costs. You may not commence against SUPERSTITION ELECTRIC BIKE RENTALS LLC or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in SUPERSTITION ELECTRIC BIKE RENTALS LLC, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and SUPERSTITION ELECTRIC BIKE RENTALS LLC or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. The prevailing party shall be entitled to recover attorney fees and costs. You may not commence against SUPERSTITION ELECTRIC BIKE RENTALS LLC or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in SUPERSTITION ELECTRIC BIKE RENTALS LLC, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and SUPERSTITION ELECTRIC BIKE RENTALS LLC or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against SUPERSTITION ELECTRIC BIKE RENTALS LLC may be commenced only in the federal or state courts located in Pinal County, Arizona. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and SUPERSTITION ELECTRIC BIKE RENTALS LLC, shall be governed by the laws of the state of Arizona without regard to principles of conflicts of law provided this arbitration agreement shall be governed by the Federal Arbitration Act.
BY RENTING AN EBIKE FROM SUPERSTITION ELECTRIC BIKE RENTALS LLC, I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS LISTED ABOVE OF SUPERSTITION ELECTRIC BIKE RENTALS LLC.