EBike Waiver

eBike Waiver

By signing this Agreement you agree to the terms of your (or your child’s) experience and WAIVE YOUR RIGHT TO SUE US AND TO EXERCISE OTHER LEGAL RIGHTS.

READ ALL TERMS OF THIS AGREEMENT CAREFULLY

 

Pacific Beach eBike Rentals

Assumption of Risk and Release of Liability

I, the undersigned, hereby acknowledges and agrees to the following terms and conditions related to the rental of an electric bicycle (“e-bike”) from Activity Hub SD, LLC:

  1. Assumption of Risk:
    • I understand that riding an e-bike involves inherent risks, including but not limited to:
      • Collisions with vehicles, pedestrians, or other objects.
      • Surface hazards such as potholes, debris, and uneven terrain.
      • Equipment failure or malfunction.
      • Adverse weather conditions.
      • The risk of injury or trauma or death.
    • I voluntarily assume all such risks associated with e-bike riding.
  2. Release of Liability:
    • I hereby release and agree not to sue  Activity Hub SD, LLC, Ocean Park Inn and its respective owners, employees, and agents together forming the "RELEASEES" from any liability for injuries, damages, or losses incurred during the rental period.
    • This release includes claims arising from negligence, breach of contract, or any other cause of action related to e-bike use.
      1. This Agreement is binding on me, my heirs, executors, administrators, representatives, parents, guardians, and family.
      2. This Agreement is governed by the laws of the jurisdiction in which the RELEASEE is located.

Any legal action involving the parties to this Agreement is within the exclusive jurisdiction of and shall be brought in the jurisdiction in which the RELEASEE is located

  1. Responsibility for Equipment:
    • I agree to inspect the e-bike before riding and report any issues to the rental staff.
    • I will not hold Activity Hub SD, LLC responsible for any mechanical failures or defects during my rental period.
    • If any problems arise during my ride, I will cease riding immediately and notify the rental staff.
  2. Helmet Requirement:
    • I understand that wearing a helmet is mandatory for my safety.
    • I commit to wearing an approved bicycle helmet while riding the e-bike.
  3. Health and Fitness:
    • I confirm that I am physically fit and have no medical conditions that would endanger myself or others during the ride.
    • I will not operate the e-bike under the influence of alcohol, drugs, or any impairing substances.
  4. Return of Equipment:
    • I will return the e-bike in the same condition as received, except for normal wear and tear.
    • I am responsible for any damage, loss, or theft of the e-bike during the rental period.

 Obeyance of Laws and Regulations

I, the undersigned, agree to the following:

  1. Compliance with Traffic Laws:
    • I will operate the e-bike in accordance with all applicable traffic laws, rules, and regulations.
    • This includes obeying traffic signals, speed limits, and right-of-way rules.
  2. Local Regulations:
    • I will adhere to any local ordinances or specific regulations related to e-bike use.
    • If there are designated bike lanes or paths, I will use them whenever possible.

I understand that It is unlawful for any person to operate any motorized transportation device in the following locations: on the public walkway on Ocean Front Walk in Mission Beach,

(1) beginning at the South Mission Beach Jetty northward to the terminus of the public walkway at Ocean Boulevard at Law Street in Pacific Beach;

(2) on the public walkway on the west side of Mission Bay Park from San Diego Place (adjacent to the South Mission Beach Jetty) to Corona Oriente Road (terminus of Crown Point Park), known as Bayside Walk;

(3) on the public walkway on the east side of Mission Bay Park from De Anza Road southward to the South Shores Boat Launch and Park; and

(4) on the boardwalk from Avenida De La Playa (adjacent to La Jolla Shores) north to the terminus of Kellogg Park at its northeast comer.

  1. Safe Riding Practices:
    • I will ride the e-bike responsibly and avoid reckless behavior.
    • I will yield to pedestrians and exercise caution in crowded areas.

Theft and Damage

I, the undersigned, agree to the following:

  1. Responsibility for the E-Bike:
    • I will take reasonable precautions to prevent theft or damage to the e-bike.
    • If the e-bike is stolen or damaged during the rental period due to my negligence, I will be responsible for repair or replacement costs.
  2. Reporting Theft or Damage:
    • In the event of theft or damage, I will promptly notify Activity Hub SD, LLC.
    • I will follow the procedures outlined by the rental staff for reporting incidents.
  3. Security Measures:
    • I will lock the e-bike securely when not in use.
    • I will not leave the e-bike unattended in unsafe areas.

By signing below, I acknowledge that I have read and fully understand this entire agreement, and I accept responsibility for the e-bike’s security and condition during the rental period.

 

 By signing this document, you are consenting to the use of your electronic signature in lieu of an original signature on paper.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Rezgo