E-BICYCLE RENTAL AGREEMENT

ROCK CUTE E-BIKES agrees to rent the following bicycle (the “E-bicycle”) to Renter, upon the condition that Renter agrees to all terms and conditions set forth below (including the release of claims) and evidence that agreement with his/her signature below. ROCK CUT E-BIKES shall be rented for the time allowed and the rate specified as follows:

1. Acceptable Use.  Renter agrees and acknowledges that he/she will be the sole operator of the bicycle, and will use the bicycle in a careful, safe, and conscientious manner. The renter shall always observe and adhere to any rules and guidelines posted by Rock Cut E-Bikes, and any applicable laws or regulations.

2. Prohibited Activities.  Renter shall not violate any of the following rules and regulations during his/her operation of the bicycle:

   1. There are no passengers permitted on the bicycle.

   2. There is no smoking while on the bicycle.

   3. There are no alcoholic beverages permitted while using the bicycle.

3. Unsafe Use.  If at any time ROCK CUT E-BIKES determines that Renter has engaged in an unsafe or hazardous use of the bicycle, ROCK CUT E-BIKES may immediately terminate the rental.  Upon notification of termination, Renter must return the bicycle immediately.  If the renter is terminated for unsafe or hazardous use, Renter will not be refunded his/her security deposit.  ROCK CUT E-BIKES shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”

4. Condition of Bicycle upon Return.  The renter shall return the bicycle clean and in the same condition as it was in when given to Renter, excepting ordinary wear and tear.  The renter shall be responsible for any damage caused to the bicycle during the rental period.  ROCK CUT E-BIKES shall retain any portion (or all) of Renter’s security deposit as necessary to cover repairs for such damage.  To the extent that damages to the bicycle exceed the amount of the security deposit, Renter shall be billed by ROCK CUT E-BIKES for the full amount of damage caused by Renter during the rental period, including reasonable attorney’s fees.

5. Later Return:  If Renter returns the bicycle to the designated return area more than 20 minutes after the scheduled “Time Back,” Renter shall forfeit his/her security deposit.

Renter has read and understands all the terms, conditions and rules set forth above, and agrees to all terms without reservation.

RELEASE OF LIABILITY AND COVENANT NOT TO SUE

Please read carefully before signing. This is a release of liability and waiver of certain legal rights

In consideration for being permitted to participate in bicycling and bicycling related activities (the “Activities”) at Rock Cut E-Bikes, Event (the "Event”).  I agree to the following Release of Liability and Covenant Not to Sue (the “Release”):

1. Acknowledgment and Assumption of Risks.  I understand that the Activities are inherently dangerous and involve significant risks of personal injury, death, and property damage.  By means of example and not limitation, I understand that may encounter risks associated with variations in terrain, flooring type, natural and human-made hazards and obstacles and the design and construction thereof; as well as risks relating to my conduct and the conduct of others participating in the Activities, which independently or in combination with the Activities may cause person injury, death, and property damage.  I hereby assume and accept responsibility for all risks of personal injury, death, and property damage which might be associated with my participation in the Activities whether known or unknown and whether attributable to my actions or inactions or the actions or inactions (including negligence) of anyone else.

2. Release of Liability and Covenant not to Sue. I hear by release and discharge Rock Cut E-Bikes and Five Peas in a Pod LLC and Rockford Quality Grinding Inc., their directors, officers, volunteers, members, employees, and or agents, any Event sponsors, and any other owner, operator, or manager of the facilities hosting an event (the ”Released Parties”) from any and all responsibility, liability, claims, damages, costs, attorneys’ fees, expenses, and from any and all causes of action either known or unknown relating to or a rising out of my participation in the “Activities”.  Further I hereby covenant not to sue or assert any claim of any nature against the Released Parties relating to or arising out of my participation in the Activities.

3. Indemnity.  I agree to indemnify and hold harmless the Released Parties from and against any and all claims, costs, expenses, or liability (including attorneys’ fees), attributable to personal injury or death, or to damage or destruction of property relating to or arising out of my participation in the Activities.  If I am signing the Release on behalf of a minor, I agree to indemnify and hold harmless the Released Parties from and against any and all claims, costs, expenses, or liability (including attorneys’ fees), attributable to personal injury or death, or to damage or destruction of property relating to or arising out of the participation in the Activities by the minor on whose behalf I am signing the Release.

4. Representations. I represent that: (i) I am 18 years old or older; (ii) I know of no reason, medical or otherwise, which would prevent me from participating in the Activities; (iii) I understand and agree that this Release is binging upon me, and my heirs and assigns; and (iv) if I am signing this Release on behalf of a minor, I represent that I have full legal authority to do so and realize the binding effect of this Release on them, as well as on myself.

5. Consent to Medical Treatment. If I, or the minor on whose behalf I am signing this Release, is injured or becomes ill, I consent to and authorize the provision of emergency first aid or medical treatment.

6. Insurance. Rock Cut E-Bikes and Five Peas in a Pod LLC and Rockford Quality Grinding Inc. and the Released Parties do not have responsibility for providing any health, medical or disability insurance coverage for participants in the Event or the Activities.  I acknowledge that it is my responsibility as a participant to ensure I have medical, health, and other applicable insurance.

7. Photographic Release.  I grant the Rock Cut E-Bikes the right to use photographic images, video, and/or audio recording of me that are made by Rock Cut E-Bikes or others during the Event and hereby waive any right to royalties, proceeds, or other benefits from the use of photographic images, video and/or audio recordings.

8. Electronic signature. I agree and understand that by signing the Electronic Signature Acknowledgment and Consent Form, that all electronic signatures are the legal equivalent of my manual/handwritten signature and I consent to be legally bound to this agreement. I further agree my signature on this document is as valid as if I signed the document in writing. This is to be used in conjunction with the use of electronic signatures on all forms regarding any and all future documentation with a signature requirement, should I elect to have signed electronically. Under penalty of perjury, I herewith affirm that my electronic signature, and all future electronic signatures, were signed by myself with full knowledge and consent and am legally bound to these terms and conditions.

9. Other. I agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Illinois and that this Release is governed by laws of the State of Illinois.  Should any part of this Release be ruled invalid by a court the other parts will remain valid and continue to be in effect.

I, THE UNDERSIGNED, HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND COVENANT NOT TO SUE, I FULLY UNDRSTAND ITS TERM AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT.  I HAVE SIGNED IT FREELY AND VOLUNTAUILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OR RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED BY LAW.

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