Askew5 Enterprises, LLC dba Triangle Bike Rental
Bike Rental User Agreement, Waiver of Liability and Release
In consideration of use of any of the Services (as defined below) provided by "Askew5 Enterprises, LLC dba Triangle Bike Rental ", requires you (“Rider”) to agree to all terms and conditions in this Bicycle Rental User Agreement, Waiver of Liability and Release (“Agreement”).
You should CAREFULLY READ all terms and conditions before entering into this Agreement.
1 GENERAL RENTAL AND USE OF BIKE
1.1. Services Provided. “Services” provided by "Askew5 Enterprises, LLC dba Triangle Bike Rental ” comprise: (1) Bike (“Bike” or “Bikes”); (2) authorized bike rental pick-up and/or drop-off locations (“Locations”);(3) all related equipment, personnel, and information.
1.2. Rider Is Sole User. "Askew5 Enterprises, LLC dba Triangle Bike Rental " expressly agrees to allow Rider to use the Services, and Rider agrees to use the Services, subject to the terms and conditions in this Agreement. "Askew5 Enterprises, LLC dba Triangle Bike Rental " and the Rider are the only parties to this Agreement. The Rider is the sole person using the Services and is responsible for complying with all terms and conditions in the Agreement.
1.3. Rider Is 18 Or Older. Rider represents and certifies that Rider is at least 18 years old. If Rider misrepresents his/her age for any or no reason, Rider accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such misrepresentation.
1.4. Rider Is a Competent Bike Operator. Rider represents and certifies that she or he is familiar with operating a Bike, and is reasonably competent and physically fit to ride a Bike. By choosing to ride a Bike, Rider assumes all responsibilities and risks for any injuries or medical conditions.
1.4.1 Rider is completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability.
1.5. Bike Is Exclusive Property of "Askew5 Enterprises, LLC dba Triangle Bike Rental ". Rider agrees that the Bike and any equipment attached thereto, at all times, remain the exclusive property of "Askew5 Enterprises, LLC dba Triangle Bike Rental ". Rider will not modify the Bike at any time, in any way.
1.6. Bike Operating Hours and Availability. “Askew5 Enterprises, LLC dba Triangle Bike Rental ” does not guarantee the Services will be available at all times. Access to the Services is conditioned on the availability of a Bike at any particular Location. “Askew5 Enterprises, LLC dba Triangle Bike Rental " neither represents nor warrants the availability of any Services or any Bike at any Location. Riders may reference the "Askew5 Enterprises, LLC dba Triangle Bike Rental " website (“Website” at www.Smileybikerentals.com) to view the inventory of Bikes available at a Location. Rider agrees that “Askew5 Enterprises, LLC dba Triangle Bike Rental ” may require Rider to return a Bike at any time.
1.7. Geographical Limits on Use. Rider agrees to use a Bike only in Triangle Area North Carolina defined as the cities of Orange County, Wake County, Durham County, Johnston County, Harnett County, and Franklin County and will not, under any circumstances, remove the Bike from the triangle region.
1.8. Adherence to All Laws. Rider agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, including all state and local laws, ordinances and regulations pertaining to bicycles in Triangle Region.
1.9. Types of Use. Rider agrees not to use the Bike for racing, or stunt or trick riding. Rider agrees not to operate and/or use the Bike in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees not to use the Bike for hire or reward.
1.10. Limits on carrying capacity. Rider agrees not to carry people or animals anywhere on the bicycle.
1.11. Rider Reporting. Rider must report any accident, crash, damage, personal injury, stolen or lost Bike to “Askew5 Enterprises, LLC dba Triangle Bike Rental ” immediately or as soon as practical thereafter. If a crash involves personal injury, property damage, or a stolen Bike, Rider must file a report with the Police Department or other appropriate police authorities within 24 hours after the incident. Rider agrees she or he is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bike. “Askew5 Enterprises, LLC dba Triangle Bike Rental ” will consider timely reporting of a stolen or lost Bike when assessing any cost associated with Rider’s responsibility for the Bike.
1.12. Rider Responsibility for Bike Use and Damage. Rider agrees to return the Bike in the same condition in which it was rented. Rider is not responsible for normal wear and tear. Rider agrees to ensure that the Bike is never left unattended when not at an authorized pick-up or drop-off Location. Rider agrees to pay for destruction or loss of Bike and for any damage, including labor and replacement parts. If the Bike is lost or damaged beyond repair while being operating under Rider’s reservation, regardless of fault or cause, Rider agrees to pay “Askew5 Enterprises, LLC dba Triangle Bike Rental ” the full replacement value of the equipment. Rider is not responsible for loss of or damage to a Bike that has been returned to and properly secured at an authorized pick-up or drop-off Location pursuant to this Agreement.
2 PAYMENT AND FEES
2.1 Bike Rental Charges. Bike rental charges are posted at www.smileybikerentals.com. To avoid overage charges, Rider must return the Bike to an authorized Location by quoted end time. The maximum charge per calendar day is based on the quoted price when Bike was rented by Rider. Fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by "Askew5 Enterprises, LLC dba Triangle Bike Rental ." "Askew5 Enterprises, LLC dba Triangle Bike Rental " will charge the Rider’s credit or debit card the amount of the respective fee in effect on the date of reservation. In addition, a Rider may be charged usage fees as described in this Agreement.
2.2 Maximum Rental Period. Rider agrees to return the Bike to an authorized pick-up or drop-off Location before 9:00 pm on the last day of rental. Rider agrees she or he is solely responsible for the timely return of the Bike. Bikes not returned within 72 hours will be considered lost or stolen, and Rider may be charged $7,200 and a police report may be filed. Data generated by "Askew5 Enterprises, LLC dba Triangle Bike Rental " booking platform is and shall be considered conclusive evidence of the period of a Rider’s use of a Bike.
2.3 Promotions and Discounts. Promotions and discounts may only be redeemed in accordance with the terms and conditions of their use.
2.4 Credit and Debit Card Usage. Rider must provide a valid credit or debit card number and any required authorization and authentication information before Rider may use the Services. Rider represents and warrants to "Askew5 Enterprises, LLC dba Triangle Bike Rental " that Rider is authorized to use any such card information Rider furnishes to "Askew5 Enterprises, LLC dba Triangle Bike Rental ." A Rider’s credit or debit card will be charged the full rental price prior to receiving a Bike. In providing a credit or debit card to "Askew5 Enterprises, LLC dba Triangle Bike Rental .", Rider authorizes "Askew5 Enterprises, LLC dba Triangle Bike Rental " to charge the card for all fees incurred by Rider in using the Services. Rider must contact "Askew5 Enterprises, LLC dba Triangle Bike Rental " within 10 business days after receiving a credit or debit statement reflecting charges for user fees to dispute any charge and must provide to "Askew5 Enterprises, LLC dba Triangle Bike Rental " all trip information necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Rider must inform "Askew5 Enterprises, LLC dba Triangle Bike Rental " of any changes to debit or credit cards used for all transactions related to "Askew5 Enterprises, LLC dba Triangle Bike Rental " Rental transactions.
2.5 Cancellation Policy. Bookings made within 48 hours of a scheduled event are final and cannot be changed. In addition, no-shows and non-cancelled rentals will be charged for the reservation in full. All cancellations must be received via email or phone and confirmed by "Askew5 Enterprises, LLC dba Triangle Bike Rental ." in writing via email or text.
3 RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK
3.1 Releases. In exchange for Rider being allowed to use any of the Services, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) does hereby fully and forever release and discharge all Released Persons (as further defined) for all Claims (as further defined) that Rider has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third part beneficiaries of such releases. Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of "Askew5 Enterprises, LLC dba Triangle Bike Rental " and/or the negligence of others under any legal theory, in consideration for using the Services. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including legal fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any of the Services or Rider’s use of the Services. “Released Persons” means, collectively, (i) "Askew5 Enterprises, LLC dba Triangle Bike Rental " and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (iii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which a pick-up or drop-off Location is located and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
3.2 Disclaimers. RIDER ACKNOWLEDGES AND AGREES THAT RIDER’S USE OF ANY OF THE SERVICES IS AT RIDER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO RIDER’S USE OF ANY OF THE SERVICES, "ASKEW5 ENTERPRISES, LLC DBA TRIANGLE BIKE RENTAL " AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND RIDER RELIES ON THEM SOLELY AT RIDER’S OWN RISK). "ASKEW5 ENTERPRISES, LLC DBA TRIANGLE BIKE RENTAL " AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES. RIDER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, AND "ASKEW5 ENTERPRISES, LLC DBA TRIANGLE BIKE RENTAL " AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO A STOLEN OR LOST BIKE.
3.3 Limited Liability. RIDER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, "ASKEW5 ENTERPRISES, LLC DBA TRIANGLE BIKE RENTAL " AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING ANY CLAIM ARISING OUT OF OR RELATING TO (i) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (ii) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (iii) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (iv) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(v) RIDER’S FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BIKE, (vi) ANY INJURY, DAMAGE, OR COST CAUSED BY RIDER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE BIKE ITSELF, OR (vii) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RIDER WAIVES ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, UNDER ANY LEGAL THEORY, EVEN IF "ASKEW5 ENTERPRISES, LLC DBA TRIANGLE BIKE RENTAL " OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF "ASKEW5 ENTERPRISES, LLC DBA TRIANGLE BIKE RENTAL " AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; IF ANY OF THOSE LAWS APPLY TO RIDER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.
3.4 Rider’s Assumption of Risk. Rider is solely and fully responsible for safely operating the Bike at all times. Rider acknowledges and accepts that Bikes are machines that may malfunction, even if properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Bike involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
4 TERM AND TERMINATION
4.1 Term. The term of this Agreement begins when Rider first uses the Services and ends 10 years after Rider’s last use of the Services; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after Rider's last use of the Services.
4.2 Termination of Rider’s Use of Services. At any time and from time to time, and without
Rider’s consent, "Askew5 Enterprises, LLC dba Triangle Bike Rental " may unilaterally terminate Rider’s right to use the Services, in "Askew5 Enterprises, LLC dba Triangle Bike Rental s’ sole discretion and without any notice or cause. If Rider’s right to use the Services is terminated by "Askew5 Enterprises, LLC dba Triangle Bike Rental " for convenience, Rider shall be entitled to a refund of all charges prepaid by Rider. Rider may terminate Rider’s use of the Services at any time; provided, however, that no refund will be provided by "Askew5 Enterprises, LLC dba Triangle Bike Rental " and Rider may still be charged any applicable fees in accordance with this Agreement related to Rider’s use of the Services. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Services, regardless of how or by whom the Agreement is terminated.
5 ADDITIONAL TERMS OF USE
5.1 Safety Check. Before each use of a Bike, Rider shall conduct a basic safety inspection of the Bike, which includes inspecting: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Bike if there are any issues apparent to a reasonable and prudent Rider, and to promptly notify "Askew5 Enterprises, LLC dba Triangle Bike Rental s’ customer service to alert "Askew5 Enterprises, LLC dba Triangle Bike Rental " of any noted safety issues.
5.2 Helmets & Safety. "Askew5 Enterprises, LLC dba Triangle Bike Rental " recommends that all Riders wear a helmet approved by Snell, CPSC, ANSI or ASTM that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
5.3 Bicycle Routes. Rider agrees that "Askew5 Enterprises, LLC dba Triangle Bike Rental " does not provide or maintain places to ride Bikes, and that "Askew5 Enterprises, LLC dba Triangle Bike Rental " cannot guarantees that there will be a safe place to ride a Bike. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.
5.4 Prohibited Acts. Rider shall not:
5.4.1 Ride a Bike while carrying any briefcase, backpack, bag, or other item if it impedes Rider’s ability to operate a Bike safely.
5.4.2 Use any cellular telephone, text messaging device, portable music player, or other device that may distract Rider from safely operating a Bike.
5.4.3 Operate a Bike while under the influence of any alcohol, drugs, any medication or other substance that may impair Rider’s ability to safely operate a Bike.
5.4.4 Carry a second person on a Bike.
5.4.5 Leave any bicycle any place other than an approved pick-up or drop-off Location.
5.4.6 Use any locking mechanism, other than the locking mechanism provided by "Askew5 Enterprises, LLC dba Triangle Bike Rental ", to lock a Bike.
5.4.7 Violate any applicable federal, state, or local law, ordinance or regulation, including those for bicycle riders.
5.4.8 Dismantle or modify a Bike in any way (this rule does not apply to the use of the seat height adjustment feature on Bikes.)
5.4.9 Operate a Bike in weather conditions, including snow, hail, and electrical storms, that make it more dangerous to operate a Bike. Rider is advised to adjust riding behavior and braking distance to suit the weather conditions.
5.4.10 Allow others to use a Bike that Rider has rented from an authorized pick-up or drop-off location. Rider understands that when Rider removes a Bike from an authorized pick-up or drop-off Location, only the Rider may use it.
6 MISCELLANEOUS
6.1 Confidentiality of Information. Rider’s personally identifiable information held by "Askew5 Enterprises, LLC dba Triangle Bike Rental ", including all names, addresses, phone numbers, email addresses, and credit and debit card numbers, will be kept confidential by "Askew5 Enterprises, LLC dba Triangle Bike Rental "; provided, however, that (i) "Askew5 Enterprises, LLC dba Triangle Bike Rental " may, in its sole discretion, provide the Rider’s name, address, phone number, and other important information to local authorities if there is any accident where a Rider is unable to communicate personal information to such authorities; (ii) "Askew5 Enterprises, LLC dba Triangle Bike Rental " will provide all requested information in accordance with applicable law if "Askew5 Enterprises, LLC dba Triangle Bike Rental " receives a subpoena from any court; and (iii) "Askew5 Enterprises, LLC dba Triangle Bike Rental " may disclose aggregate, non-personally identifiable data about Riders in accordance with applicable law. In addition, "Askew5 Enterprises, LLC dba Triangle Bike Rental " may disclose individual data to a third party upon Rider’s express permission and consent.
6.2 Notice. "Askew5 Enterprises, LLC dba Triangle Bike Rental " may be contacted by calling or emailing "Askew5 Enterprises, LLC dba Triangle Bike Rental ” at smileybikerentals.com or 417.483.1991.
6.3 By participating in or attending any Activities in connection with "Askew5 Enterprises, LLC dba Triangle Bike Rental ", I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.
6.4 Choice of Law. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of North Carolina, excluding principles of conflicts of laws.
6.5 Dispute Resolution. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable legal fees incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of North Carolina, and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in "Smithfield, NC"; and (iv) the parties must submit the dispute to mandatory mediation held in the State of North Carolina,. Every mediation must be completed within six (6) months after the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within this six-month period, the parties may continue seeking to resolve thedispute by use of any process, including litigation by trial.
6.6 Waiver and Severability. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
6.7 Cumulative Remedies. All rights and remedies granted under or referred to in this agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
6.8 Modification of Agreement. At any time and from time to time, and without Rider’s consent or advance notice, "Askew5 Enterprises, LLC dba Triangle Bike Rental " may unilaterally amend, modify, or change this Agreement, in its sole discretion. Whenever a change is made to this Agreement, "Askew5 Enterprises, LLC dba Triangle Bike Rental " will post a notification on the Website. By continuing to use any Services after any amendment, modification, or change, Rider agrees to be bound by all such amendments, modifications, and changes. Rider is responsible for maintaining awareness of all amendments, modifications, and changes to this Agreement and to all fees and charges set forth on the Website.
6.9 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular or in the plural shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
6.10 Property Left on Bike. "Askew5 Enterprises, LLC dba Triangle Bike Rental ” is not responsible for personal property left on the Bicycle. Rider agrees to indemnify "Askew5 Enterprises, LLC dba Triangle Bike Rental " in this regard.
