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Evolve's Standard Waiver

EXPRESS ASSUMPTION OF RISK & RELEASE OF LIABILITY FOR NEGLIGENCE

THIS AGREEMENT IS MADE AND ENTERED INTO AS OF THIS DAY: March 29, 2024 BY AND BETWEEN THE UNDERSIGNED AS LESSEE (the Lessee) AND Evolve Bicycles, LLC (the Lessor).

1. The Lessee hereby expressly assumes all risks, seen and unforeseen of operating any equipment subject to this lease agreement and hereby agrees not to sue the Lessor and/or the Lessors members, employees, owners, servants, officers and/or agents and all related entities for negligence in the event the Lessee is injured in any way as a result of the operation of this equipment.

2. The Lessee acknowledges that the operation of the equipment subject to this lease includes the possibility of accidental injury, death or operation in hazardous travel conditions which may be present at the time of use which include, but are not limited to automobile traffic, ruts, potholes, gravel, sand, roads slippery due to oil and/or water, slippery boardwalks throughout the area,  animals and/or other traffic and the Lessee hereby agrees to assume the risk of any injuries resulting of the above or any hazards encountered while operating the equipment in question. These rental products may include recreational vehicles which carry a passenger. It is understood that the passenger agrees to assist the driver with the safe use of the vehicle and agrees not to jeopardize the safe operation.

3. Lease of Equipment. The Lessor hereby agrees to rent to the Lessee, and the Lessee hereby agrees to rent from the Lessor, the equipment specified below (collectively the Equipment), upon the terms and conditions contained in this Agreement.

4. Fees and Conditions of Equipment. The Lessee shall pay all charges set forth below and return the Equipment at the time designated by the Lessor and in the same condition as when possession of the Equipment was delivered by the Lessor to the Lessee. The Lessor reserves the right to charge additional late or damage fees to the credit card of the Lessee.  In the event that only one Lessee provides identification and signs this Agreement and there are multiple users of the rental equipment, that signatory shall accept complete responsibility for those additional Lessees, according to this contract. This responsibility shall also extend to the party that has paid for charges with a credit card. In the event of any late charges or damages, the party accepts full responsibility for paying for any other renters obligations to the Lessor and agrees to let the Lessor make additional charges to their credit card, if necessary.

5. Sole Use. The Lessee shall be the sole and exclusive user of the Equipment. The Lessee acknowledges and agrees that the Lessor may bring a charge of fraudulent conveyance against the Lessee if anyone other than the Lessee uses or operates the Equipment.

6. Minors. If user of the Equipment is to be a minor, the parent or legal guardian must also execute this Agreement as an additional Lessor. The parent or guardian agrees to be fully bound by the terms of this Agreement as a party hereto, and to undertake the legal obligations hereof, including those imposed by the rental payment and indemnification provisions, by saving Lessor harmless from all injuries or damages to himself/herself, or any minor child, third party or any damage to any property whatsoever, including situations wherein any damage or injury is caused by Lessors own negligence, if any.

7.  Risk-of-Loss. The Lessee shall pay for all damages to or loss of the Equipment until the Equipment is returned to the Lessors possession.

8.  Liability of the Lessee. The Lessee including any parent of any minor permitted to rent the Equipment, shall be solely liable for and shall indemnify and save harmless the Lessor from any and all property damage or personal injuries to self, passengers, and/or third parties arising from the use of the Equipment while under Lessees possession, control or operation. This release of liability and to save harmless an indemnification provision shall apply even if the negligence is due to the Lessors own negligence or the Lessor has contributed to the damage or injury in any way.

9. Repossession. The Lessor reserves the right to repossess the Equipment at any time should the Lessee violate any local and/or state regulations, statutes, and laws dealing with the operation of the Equipment or any of the terms and conditions of this Agreement.

10. Rights upon Repossession. The Lessor may repossess the Equipment for improper operation as deemed by the Lessor, in its sole discretion, and there shall be no refund to the Lessee of amounts previously paid by the Lessee to the Lessor hereunder in the event of such repossession.

11. Applicability of Agreement. The Lessee acknowledges and agrees that he has read this Agreement and understands all of the terms and provisions contained herein.

12. Warranty Disclaimer. THE LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR A PARTICULAR PURPOSE. In no event shall any defect in, or unfitness of, any of the Equipment relieve the Lessee from his/her obligation to pay rent for such Equipment or to make any other payments required hereunder or of any other obligations of the Lessee hereunder.

13. Headings. The headings in this Agreement are for convenience only and shall not affect the meaning, interpretation, or any provision hereof.

14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties hereto acknowledge and agree that the terms of this Agreement are binding under the state and local laws relating to the subject matter hereof. It is the intention of the Lessee by this Agreement to exempt and release Evolve Bicycles, LLC and its members, employees, owners, servants, officers, and/or agents and all related entities from all liability whatsoever for personal injury, property damage, or wrongful death caused by negligence of any party. I have fully informed myself of the contents of this document by reading it before I signed it on behalf of myself and/or my heirs.

15. The undersigned hereby states that he or she is a competent user of the Equipment.

16. Are you really reading all of this?

17. There will be a $20 charge for Equipment returned without lock or key.  Lessee will be charged up to retail price for loss, damage, or theft.

OBEY THESE RULES  1. Do not ride Equipment while under the influence of alcohol or drugs. 2.  Look both ways and use EXTREME CAUTION with crossing roads, driveways, and riding upon boardwalks. 3.   No more than one rider on Equipment.  4.  Always wear a helmet.  5.  DO NOT ride at night because Equipment is not equipped with lights.  6.  Ride in single file, and where applicable, on the right side of the path or street.

I have read and understand the above Agreement and the above rules. 

I Agree

First Lessee’s Name

First Name*

Last Name*

Phone*
First Lessee’s Age Acknowledgment*
First Lessee’s Date of Birth*
I certify that I am 18 years of age or older
First Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
First Lessee’s Signature*
Second Lessee’s Name

First Name*

Last Name*
Second Lessee’s Date of Birth*
Second Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
Third Lessee’s Name

First Name*

Last Name*
Third Lessee’s Date of Birth*
Third Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
Fourth Lessee’s Name

First Name*

Last Name*
Fourth Lessee’s Date of Birth*
Fourth Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
Fifth Lessee’s Name

First Name*

Last Name*
Fifth Lessee’s Date of Birth*
Fifth Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
Sixth Lessee’s Name

First Name*

Last Name*
Sixth Lessee’s Date of Birth*
Sixth Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
Seventh Lessee’s Name

First Name*

Last Name*
Seventh Lessee’s Date of Birth*
Seventh Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
Eighth Lessee’s Name

First Name*

Last Name*
Eighth Lessee’s Date of Birth*
Eighth Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
Ninth Lessee’s Name

First Name*

Last Name*
Ninth Lessee’s Date of Birth*
Ninth Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
Tenth Lessee’s Name

First Name*

Last Name*
Tenth Lessee’s Date of Birth*
Tenth Lessee’s Information
Do you want a helmet? (required if under 17)*
No
Yes
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information
Do you want a helmet? (required if under 17)*
No
Yes
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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