Rental Agreement

Users listed below (including minor children, any members of such individual’s household, or anyone who makes use of any of the Rented Items, and together with Renter, each collectively and individually referred to herein as a “User” or “Users”) agree to abide by the following terms and conditions:

Users shall obey all federal, state and local laws and any applicable community rules and regulations.

No one other than the undersigned shall be eligible to use the Rented Items.

No person using a Rented Item shall be under the influence of drugs or alcohol or have any impairment which would affect his or her ability to operate a Rented Item in a safe manner in compliance with all federal, state and local laws and any applicable community rules and regulations.

Bicycle helmets and life jackets are recommended and available upon request from Rent Gear Here LLC as part of the Rental Agreement. Any User who declines to wear a helmet or life jacket while riding a bicycle or using a water-based Rented Item does so at his or her own risk. Each User understands that wearing protective gear, such as a helmet or life jacket, does not eliminate the risks of using a Rented Item and may not reduce the risk of injury in the event of an accident.

Users are prohibited from carrying, pulling or towing a Rented Item at any time. Users of bicycles shall not add any kind of seat or modification to allow someone else to ride on the rear fender, and no one shall ride on the handlebars at any time.

Any equipment failure shall be reported to Rent Gear Here LLC immediately at (850) 424-3441.

Users shall not ride, park or store a Rented Item outside of designated areas and shall properly secure Rented Items at all times. Rented Items shall only be used within Walton County.

Users are responsible for any and all damages to any Rented Item that occurs during the Rental Period, including theft or vandalism of any Rented Item and other equipment, regardless of whether Users or someone else is at fault for such damages, and Renter hereby authorizes Rent Gear Here LLC to charge the credit card listed above for any amounts incurred by Rent Gear Here LLC to repair or replace any Rented Item, including paying the reasonable (i) costs of repair and diminution in value, if any, or the full replacement value of such Rented Item and other equipment in addition to the Rental Price; (ii) reasonable down-time of not having the Rented Item on the rental fleet; and (iii) reasonable administrative, shipping, storage and other related fees. The decision as to whether to repair or replace a damaged Rented Item is in the sole discretion of Rent Gear Here LLC. Delay in recovery of damages, including any dispute of any charges or damages, may result in additional charges due to increased down-time, storage or other fees.

The Users agree to return the Rented Items and equipment in the same condition as received, except for ordinary wear and tear, on the date, time and location specified by Rent Gear Here LLC at the time of rental. Users shall return the Rented Items and equipment immediately upon request by Rent Gear Here LLC if Rent Gear Here LLC expects any breach of this Rental Agreement. Users understand that Rent Gear Here LLC may have Rented Items scheduled to be rented to others, and therefore, Users may be charged late fees for failure to promptly return Rented Items and equipment, including being charged rental fees for an additional day even for slight delays. Renter authorizes Rent Gear Here LLC to charge the credit card listed above for any late fees.

Violations of any of the terms and conditions herein will result in immediate termination of this Rental Agreement and Users may be charged additional fees for any damage incurred.

RELEASE AND INDEMNIFICATION

The Users acknowledge the inherent risks involved in using the Rented Items and further agree that the use of the Rented Items SHALL BE AT THEIR OWN RISK. The Users understand that the use of a Rented Item has known and unknown risks, which could result in physical or emotional injury, paralysis, death or damage or injury to the undersigned, to property or to other persons, and that Rent Gear Here LLC cannot eliminate these risks. The Users knowingly, intelligently and voluntarily assume all risks, including but not limited to any injury or damage that may result including but not limited to colliding with one or more bicycles, motor vehicles, water vessels or objects of any kind, falling off the Rented Item, sudden flat tires or holes in the Rented Items, potholes or water obstructions, failing brakes and weather related risks. Having acknowledged these risks and other unforeseen risks, Users desire to use the Rented Items despite these risks and agree to assume the risk of injury or damage resulting from the use of a Rented Item and agree to release and indemnify the Released Parties as set forth in the paragraphs below.

The Users hereby release, waive, discharge and covenant not to sue or bring any claim against Rent Gear Here LLC and each of their owners, managers, officers, employees, independent contractors, representatives, agents, successors, assigns and any property owner that Rent Gear Here LLC may contract with to offer the Rented Items at their location (the “Released Parties”) for any liability, claim and/or cause of action arising out of or related to any loss, damage or injury, including death, that may be sustained by the Users or the members of their household related to, arising out of or incident to the use of a Rented Item or other equipment, including the possession, use, operation or return of a Rented Item or other equipment.

The Users expressly recognize that any property owner who contracts with Rent Gear Here LLC to offer the Rented Items at its location is considered a Released Party and will be protected from any claim or liability to the same extent as Rent Gear Here LLC under this Rental Agreement.

Further, the Users shall, jointly and severally, indemnify, defend and hold harmless the Released Parties from and against any liabilities, claims, causes of action, losses, damages and expenses (including reasonable attorneys’ fees and costs) claimed by the undersigned, any member of their household or any third party arising out of or related to any loss, damage or injury, including death, related to, arising out of or incident to the use of a Rented Item or other equipment, whether by the undersigned or any other party, including any negligent acts or omissions, willful misconduct or violation of this Rental Agreement. Users agree and understand that Rent Gear Here LLC can use their contact information for calls, text messaging and emails for promotional purposes.

The Users understand, intend and desire to FULLY release THE RELEASED PARTIES from any and all liability arising from or related to the use of A rented item AND OTHER EQUIPMENT TO the fullest extent permitted by the laws of the State of Florida.

The Users have adequate insurance to cover any injury or damage that he or she may cause or suffer while using the Rented Items or sufficient assets to self-insure the costs of any such injury or damage. Any insurance coverage maintained by the Users, whether liability, casualty, personal or health, shall be the primary coverage in the event of any loss, injury, death or damage to persons or property while using the Rented Items.

The Users understand that Rent Gear Here LLC is not the manufacturer or supplier of the Rented Items, and all Rented Items and other equipment are rented “AS-IS” without any warranty, either express or implied, including any warranty of merchantability or fitness for a particular purpose. 850 Relax, LLC has no obligation to enforce any manufacturer warranty on behalf of Users or Rent Gear Here LLC.

This Rental Agreement will be deemed to be made and entered into in the State of Florida, and will in all respects be interpreted, enforced and governed under the laws of Florida. Each of the Users hereby consent to personal jurisdiction of the state court situated within Walton County, Florida for purposes of enforcing this Rental Agreement, and each of the Users hereby waives any objection that he or she might have to venue in those courts.

The failure of Rent Gear Here LLC to enforce its rights under this Rental Agreement at any time for any period shall not be construed as a waiver of such rights. No changes, modifications or waivers to this Rental Agreement will be effective unless in writing and signed by the Renter and Rent Gear Here LLC. For purposes hereof, “including” means “including without limitation.”