TERMS, CONDITIONS, & LIABILITY
The terms, conditions, and liability waiver form an Agreement (hereinafter referred to as Agreement) between Boost eBike LLP (hereinafter referred to as Boost) and any persons renting, testing, or purchasing Boost equipment and services (hereinafter referred to as Participant), including, but not limited to the rental, test, or purchase of an “Electric Bicycle” and related accessories and other equipment (hereinafter referred to as EBike) for the purpose of the Agreement (hereinafter referred to as Activities). Boost is a third-party affiliate for several companies for the purpose of renting, testing, and selling EBikes and related equipment to Participants. The term “EBike” is a pedal-assist (with or without throttle) electric bicycle provided to Participants by Boost that includes the frame, two tires, seat, electric power, battery, battery charger, various accessories, racks for transport, and safety equipment (as applicable). Participants agree to abide by the Terms and Conditions outlined in this Agreement. This Agreement constitutes the sole and entire agreement between the Participant and Boost with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This agreement may only be amended, modified, or supplemented by an Agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment or waiver and signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. If any provision of these terms shall be adjudged by any court of competent jurisdiction to be illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable but shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
TEST RIDE & RENTAL LIABILITY WAIVER
Participant(s), being the age eighteen or above (or the parent or legal guardian of any Participants between the ages of sixteen and eighteen that will engage in Activities), in consideration Activities and the right to engage in an EBike rental, test, or purchase as a Participant, hereby acknowledge, agree, promise and covenant with National and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representative and next of kin, elect to voluntarily participate in said Activities knowing that certain risk of harm is or may be inherent in the various Activities contemplated herein and that the Activities may be hazardous to me and my property. Participants agree and warrant that if at any time they believe conditions to be unsafe, they will immediately discontinue further participation in the Activity.Participants release, waive, discharge, covenant not to sue and hold harmless: Boost and any supplier, partner, employee, servant, representative, associate, officer, agent, volunteer, successor and assigns, (hereinafter referred to as Releasees) from any and all liability, claims, demands, action, judgments, costs, expenses, court costs, attorney fees and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant, or to any property belonging to the Participant, while participating in such Activities, or while in, on, upon, or beyond the premises where the Activities are being conducted. Participants voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by Participants, or any loss or damage to property owned by Participants, as a result of being engaged in such Activities, whether caused by the, including but not limited to, sole contributory or gross negligence of Releasees or otherwise. Participants further hereby agree to indemnify and hold harmless the Releasees from any loss, liability, damage, demands, liens, liabilities, judgments, or costs, including court costs and attorney fees, that they may incur due to my participation in said Activities, whether caused by or contributed to in whole or part by any action or failure to act, negligence, breach of contract, or other misconduct on the part of Releasees or otherwise. It is the Participant’s express intent that this Agreement shall bind the members of their family and spouse, if Participants are alive, and their heirs, personal representatives, executors, and assigns, if Participants are deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the Releasees. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of Colorado. Participants expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado, and if any portion of this Agreement is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. If the EBike is damaged, Participants agree to pay the reasonable costs of repair and diminution in value. If the EBike is damaged beyond reasonable repair (as determined by National) Participants shall be responsible to pay Boost the retail value for the eBike plus any pick-up and/or storage charges. Participants shall be responsible for paying Loss of Use as determined by Boost or specified by law, at the daily rate for each 24 hours if Participant delays in paying the total loss. Participants are also responsible for any loss if they do any of, but not limited to, the following: (1) abuse the EBike or violate any prohibited use or operation as specified in this Agreement; (2) drive recklessly; (3) drive while under the influence of alcohol or any controlled substance; (4) fail to promptly report an accident to the police and Boost; (5) obtain the EBike through fraud or misrepresentation; or (6) use the EBike for an illegal purpose. Participants authorize Boost to apply their security deposit and/or collect from a responsible third party any applicable loss and/or damage. In the event Boost obtains a recovery from a third party after Participants has paid for all or part of any loss, Boost will refund to Participants any excess above the amount of the loss plus administrative fees and other incurred collection and costs. Boost is not responsible if Participants damage the property belonging to another party or cause injury to another person. Participants agree to indemnify and defend Boost and pay any claim brought by a third party arising out of Participants Activities and for any liability associated with any personal accident/injury as a result of Participants Activities. Participants agree to pay all charges for rental, use, sale, miscellaneous service, and excise taxes including any applicable tax-related surcharges. By acknowledging this agreement, Participants authorize Boost to place any amounts due for Activities on to Participants credit card or any other form of payment, including a $100 security deposit on rental Activities. All sales are final. Returns of an electric bicycle must be in accordance with Colorado State Law and the return timeframe and requirements outlined by the supplier (plus a $50.00 Boost service fee).
ACTIVITIES & HAZZARDS
Participants acknowledge and understand the nature of cycling and related Activities. Participants acknowledge and understand that riding an EBike is a dangerous activity that requires moderate to strenuous exercise and various degrees of skill and experience for individual riders. Participants must be familiar with the proper use of the equipment used during Activities, including all quick release mechanisms, brakes and gear shifters. Participants must be qualified, in good health, and in proper physical condition to participate in such Activities, and willingly agree to comply with the stated customary terms and conditions of participation including local and Colorado state laws. Participants acknowledge individuals with serious medical conditions should not operate an EBike and should not operate the EBike under the influence of alcohol or drugs, including prescription medications, or while otherwise incapacitated. Participants acknowledge that it is not safe to ride an EBike in hazardous conditions including uneven or off-road terrain and significant rain or moisture and assume all risks of riding EBikes under these and/or any other unsafe conditions. Participants assume all risks, including but not limited to death or serious bodily injury, which may result from Activities. Participants acknowledge all the risks of Activities on streets, roads, paths, bike lanes, and in traffic, including but not limited to the risks of serious bodily injury or death from falling; colliding with other vehicles or objects; hitting uneven roadway or holes; sudden loss of control from flat tires due to unseen objects puncturing or damaging tires; brakes failing; and hazards relating to weather conditions. Participants freely assume all risks of personal injury and/or damage associated with Activities and agree to hold Boost and its suppliers harmless from all claims of injury or damage.
Participants that purchase an EBike acknowledge and agree to follow instructions and recommendations from the manufacturer. This includes charging their battery with a regular wall outlet and not any other type of outlet, such as an RV outlet, inverter, converter, or any charger not recommended by the Boost or it’s supplier. Participants voluntarily assume any and all risk associated with loss, damage, or physical injury that occurs by charging my battery against the recommendations of Boost or its suppliers. Boost is not responsible for any personal property left at Boost premises or on the EBike before, during, or following Activities. Participants assume all risk of loss if Participants leave any such item and agree to indemnify Boost in the event some third person leaves any personal items. Participants shall pay Boost for all losses and/or damage to the EBike that result from Activities regardless of fault. Participants agree and understand that Boost and its Suppliers cannot oversee or supervise the safety and proper usage of Participant Ebikes and accessories. Consequently, Boost and its suppliers cannot be held responsible for the safe use or other actions by the Purchaser and/or future riders of EBikes purchased from Boost. When riding an EBike, Participants agree to obey the electric bike federal and state speed limitation laws and all other state, county, municipal and city traffic laws where Participants choose to ride, including all electric bicycle laws. Should the state, city or municipal laws, rules or regulations require an EBike bike to be a specific class, Participants will contact the supplier, Boost or another qualified bicycle retail provider to retrofit the EBike accordingly. All sales are final.
REPAIR & SERVICE
The Participant certifies they are the owner of any bicycle they authorize Boost to service or repair. Unless otherwise specified, the cost for parts, labor, and tax are not included in any charge for service. Participants are required to pick-up their serviced product when notified the work is complete. Any serviced product not picked up by a Participant within 14 days of being notified is subject to a storage fee. Serviced products that have not been picked up by the Participant after 30 days are subject to disposal at the discretion of Boost. The Participant understands that the service or repairs performed by Boost may not be covered by any manufacturer warranties and may void the manufacturer warranties, if any, on the Participant product. The Participant understands that Boost makes no verbal or written warranties, whether express or implied, regarding Boost sales, services or any repairs performed by Boost. Boost expressly disclaims all warranties and conditions, expressed or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a specific purpose. Subject to and except as expressly provided in any manufacturer warranty, the sales and service are provided as on “as is” and “as available” basis, without warranty of any kind, either expressed or implied. Neither Boost nor any person associated with Boost makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of any sales or services performed by Boost. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. Except to the extent that applicable law requires such liability, Boost shall not be liable for any loss (even if such loss arises as a direct or immediate consequence of the event that generated the damages), nor for indirect, special, incidental, punitive or consequential damages of any kind whether under these terms or otherwise, even if Boost has been advised, knew or should have known of the possibility of such loss or damage. Except to the extent that applicable law requires such liability, the maximum liability of Boost arising out of or in connection with these terms, whether such liability arises from a claim based upon contract, warranty, tort (including negligence and strict liability), or any other legal theory, shall not under any circumstances exceed the actual amount paid by the Participant for the product or service giving rise to the liability. All sales are final.