CATHEDRAL ROCK EBIKES, LLC RENTAL POLICY & CANCELLATION INFORMATION
When you rent from us, we will:
• Review the e-bike and its features with you.
• Provide you with a helmet and lock.
• Provide a short skills test and watch you ride the bike. If we think that you may not have the necessary skills to ride the bike, we have the right to refund your money and cancel the rental.
• Provide you with a list and map of suggested rides.
• Cover the terms and conditions of your rental with you.
Your safety is most important to us.
In order to rent our e-Bikes, you MUST be at least 14 years old with a government-issued ID, cell phone number, email address, and a major credit card. Riders between the ages of 14 and 18 must also have a valid government-issued ID and must be accompanied and signed for by a parent renter. There is a 275 lb. weight limit for the e-Bikes.
· A driver’s license and a credit card are required
· Riders must sign our Liability Waiver
· E-bike rentals may be canceled due to rain / wet trails – full rental credit for weather-related cancellations will be issued
Cancellations: All reservations must be canceled 24 hours prior to the scheduled date of the e-bike pick up.
No Call/No Show: Failure to pick up your bike will result in 100% forfeiture of payment.
Early Returns: There are no refunds once the bike is picked up and paid for.
Late Arrivals: Late arrivals will be charged the full amount. Always be sure to double check your pick-up date and time!
Late Returns: Bikes must be returned no later than closing time on the due date or be subject to additional charges.
Rental Day: A rental day is from Open to Close (not 24 Hours).
Rental Damage Protection Plan:
Our damage protection plan protects you if the bicycle is damaged while in your possession. The Rental Damage Protection Plan is included with every rental free of charge. We cover the first $100 in damages
(This could be: Tire puncture, broken shifters, etc.). For damages over $100 you pay 50% (for example, For $200 in damage you only pay $100).
Credit Card and Driver’s License/ Passport/ Government issued ID are required for all rentals.
Prices do not include sales tax. Your bike may become unavailable due to circumstances out of our control. You will receive a full refund and be notified via email.
During the rental, the rider is required to comply with the rules of the US Highway Code. CATHEDRAL ROCK EBIKES, LLC, Rentals & Tours rejects any liability for improper use of the bike or for the rider’s failure to comply with the regulations of the US Highway Code. The renter will be instructed on legal paths to take with the e-Bikes. Failure to comply with these rules could result in the issuance of a ticket by the authorities. The renter will be responsible for the payment of this ticket.
CATHEDRAL ROCK EBIKES, LLC, Rentals & Tours can refuse to rent to people under the influence of alcohol or drugs or for any other reason justified by the judgment of the company.
In the event of loss of helmet, lock, bag or any accessories of the vehicle or damages, the renter, will pay the necessary amount to restore the vehicle to its original condition or replace keys, according to the estimate of the supplier. In case of theft or total loss of a bike, the renter will be charged the cost of the e-bike or item they have damaged – Note: E-bikes range from $2,000-$5,000 at CATHEDRAL ROCK EBIKES, LLC, Rentals & Tours.
The e-bike must be returned within the time slot indicated in this contract to the same place where it was delivered or an agreed-upon location. The e-bike will be considered returned only when it is returned to a representative of Cathedral Rock E-Bikes in person. Failure to return the bike without prior notice or without proven exceptional circumstances will be considered an act of theft and the renter will be reported to the police.
Each bike is equipped with a lock. If the renter decides to park the bike in any location the lock must be used to secure the bike. In the event of theft of the bike, the renter must file a report to the authorities and provide CATHEDRAL ROCK EBIKES, LLC with a copy of the theft report. The renter will be billed the agreed amount as compensation for the stolen bike (Note: E-bikes range from $1,000-$2,000 at CATHEDRAL ROCK EBIKES, LLC.). If the bike is found, fully recovered in the same condition it left the shop, the sum will be returned to the renter.
All riders must wear the proper safety equipment, including the supplied helmet. Gloves are recommended but not required.
All riders must be age 18 years or older. Those riders between the ages of 14-18 must be accompanied and signed for by a parent.
TERMS OF WAIVER RELEASE FORM
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 CATHEDRAL ROCK EBIKES, LLC(“CATHEDRAL ROCK EBIKES, 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”).
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.
If your plans change prior to 24 hours, no problem! Your reservation can be rescheduled, subject to availability, or we can issue you a refund.
Reservations made within 24 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.
Credit Reserve and Payment by credit card only: 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 over the phone and via email. CATHEDRAL ROCK EBIKES, LLC only accepts payment by credit card. Renter authorizes CATHEDRAL ROCK EBIKES, LLC to charge Renter’s credit card 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 CATHEDRAL ROCK EBIKES, LLC to make any charges by credit card if there is damage beyond normal wear and tear.
Renter agrees to return the Bicycle to CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, LLC. Renter agrees to return the Bicycle sooner if so, demanded by CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, LLC the renter shall be responsible for the full amount of the bike ($1,199 up to $1,999), with the value dependent upon the model being rented. In addition, Renter shall also be responsible for the loss of use, administrative fees, as determined by CATHEDRAL ROCK EBIKES, 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 OZ E-BIKES, 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 CATHEDRAL ROCK EBIKES, LLC to collect from a responsible third party any applicable loss and/or damage. In the event CATHEDRAL ROCK EBIKES, LLC obtains a recovery from a third party after Renter has paid CATHEDRAL ROCK EBIKES, LLC for all or part of any loss, CATHEDRAL ROCK EBIKES, 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:
CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, LLC harmless from all claims of injury or damage. Therefore, in consideration of the opportunity to rent a Bicycle from CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, LLC. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of CATHEDRAL ROCK EBIKES, LLC or its officers, employees, and agents.
Property left on Bicycle:
CATHEDRAL ROCK EBIKES, LLC is not responsible for personal property left on the Bicycle. Renter agrees to indemnify CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, LLC, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on CATHEDRAL ROCK EBIKES, LLC’S behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF CATHEDRAL ROCK EBIKES, 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 SUE CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, LLC ‘S NEGLIGENCE.
If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against CATHEDRAL ROCK EBIKES, LLC, I agree to indemnify CATHEDRAL ROCK EBIKES, LLC and pay all damages, costs, fees, expenses, and attorney’s fees incurred by CATHEDRAL ROCK EBIKES, LLC in defending such a lawsuit or such claims. In no event will CATHEDRAL ROCK EBIKES, LLC’S liability to a Renter be greater than the amount of the fees paid by the Renter to CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, LLCLLC 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 CATHEDRAL ROCK EBIKES, LLC or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in CATHEDRAL ROCK EBIKES, 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 OZ E-BIKES, 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 CATHEDRAL ROCK EBIKES, LLC may be commenced only in the federal or state courts located in Yavapai 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 CATHEDRAL ROCK EBIKES, 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 CATHEDRAL ROCK EBIKES, LLC, I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS LISTED ABOVE OF OZ CATHEDRAL ROCK EBIKES, LLC