Liability Waiver
Georgia, Glynn County, E-Bike Rental
Agreement and Waiver
BY SIGNING, YOU ARE AGREEING TO A CONSPICUOUS ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNITY, AND OTHER TERMS.
BY INITIALING, YOU ARE ACKNOWLEDGING YOU HAVE READ AND UNDERSTAND, AND ARE ASSENTING TO THE TERMS OF EACH SECTION.
1. Parties; Definitions; Equipment; E-Bike Classes. Initial here: _______
Renter. The undersigned participant is the "Renter" and is entering this Agreement for the rental, possession, and use of an electric-assisted bicycle and any related equipment in Georgia. This agreement is between the undersigned participant (Renter) and Company for rental and use of an electric assisted bicycle (E-Bike) and related equipment in Georgia.
Company; Released Parties. "Company" means [COMPANY LEGAL NAME], and "Released Parties" means, collectively, Company and its parents, subsidiaries, affiliates, successors, and assigns; its owners, members, and managers; its directors and officers; its employees, agents, contractors, and volunteers; its equipment suppliers and manufacturers; its landlords and property owners; and its insurers.
Equipment and E-Bike Classes. E-Bikes have operable pedals and an electric motor not exceeding 750 watts; each is labeled as Class I, II, or III.
2. Georgia Age, Helmet, and Class Rules. Initial here: _______
No person under 15 may operate a Class III E-Bike; a person under 15 may ride only as a passenger on a Class III designed for passengers. All Class III operators and passengers must wear a compliant bicycle helmet; any person under 16 operating or riding on a bicycle/E-Bike on a highway, bicycle path/lane, or sidewalk must wear a compliant bicycle helmet. No Class III E-Bike will be rented unless the renter possesses a helmet or one accompanies the rental; no bicycle/E-Bike will be rented to or for a person under 16 unless the person possesses a helmet or one accompanies the rental.
3. Compliance with Glynn County Shared-Use Path Rules. Initial here: _______
Renter acknowledges receipt (printed or electronic) of the Glynn County operational rules for bicycles and E-Bikes and agrees to comply. Key rules include: maximum 15 mph on County multi-/shared-/bike paths unless posted otherwise; yield to pedestrians first; keep right except to pass; step completely off the path when stopped; slow and give an audible signal when passing; obey crossing signals and dismount/walk where required; operate with reasonable care; no careless, reckless, or negligent operation. Prohibited uses include unauthorized motorized vehicles on multi-/shared-/bike paths or sidewalks unless expressly permitted. No operation of any wheeled conveyance on the sidewalks on either side of Mallery Street between Magnolia Avenue and the pier, except personal mobility devices used by individuals with disabilities operated safely at 5 mph or less. Violations may be punished by a fine up to $1,000.
4. Roads, Paths, and Class Access. Initial here: _______
E-Bike operators have the same rights and duties as bicycle operators under Georgia law; ride with traffic and obey signals and rules of the road. Ride as near to the right as practicable, subject to lawful exceptions; do not ride more than two abreast except as permitted; ride with traffic in bicycle lanes. Class I/II may use bicycle/shared-use paths where bicycles are permitted, subject to local prohibitions. Class III may not use bicycle/shared-use paths unless the path is within/adjacent to a highway or specifically permitted by local authority or state agency.
5. Equipment Condition; Inspection and Acceptance; Required Lights/Brakes. Initial here: _______
Required equipment includes functional brakes and, for nighttime/low-light, a white front light visible 300 feet and a red rear light or approved reflector visible 300 feet. Renter inspected (or had the opportunity to inspect) the E-Bike (including brakes, tires, steering, and lights/reflectors) and accepts it as suitable; Renter will stop use and notify Company if any defect or unsafe condition arises and not operate until safe.
6. Battery and Electrical Safety. Initial here: _______
Use only Company-provided or manufacturer-approved chargers; do not charge unattended near flammables; do not submerge, puncture, or damage the battery; stop use and notify Company if overheating, odor/smoke, crash, or electrical issues occur; do not modify electrical systems.
7. Conspicuous Assumption of Risk and Release of Liability; Equipment "As Is"; Latent Defects. Initial here: _______
ASSUMPTION OF RISK. I UNDERSTAND AND VOLUNTARILY ACCEPT THAT E-BIKE ACTIVITIES INVOLVE INHERENT AND OTHER RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE. WITHOUT LIMITATION, THESE RISKS INCLUDE COLLISIONS, FALLS, LOSS OF CONTROL, SURFACE AND WEATHER HAZARDS, TRAFFIC, MECHANICAL OR ELECTRICAL FAILURE, AND OTHER HAZARDS ASSOCIATED WITH E-BIKE OPERATION, STORAGE, TRANSPORT, CHARGING, AND USE ON PUBLIC ROADS AND PATHS. I FREELY AND EXPRESSLY ASSUME ALL RISKS OF E-BIKE RIDING, INCLUDING COLLISIONS, FALLS, LOSS OF CONTROL, SURFACE/WEATHER HAZARDS, TRAFFIC, MECHANICAL FAILURE, AND THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERS.
AS-IS ACCEPTANCE; DUTY TO CEASE USE. EXCEPT FOR ANY DEFECTS I REPORT TO COMPANY BEFORE DEPARTURE, I ACCEPT THE E-BIKE AND ANY RELATED EQUIPMENT "AS IS" FOR THE RENTAL PERIOD. I WILL IMMEDIATELY STOP USING THE EQUIPMENT AND PROMPTLY NOTIFY COMPANY IF I DISCOVER OR SUSPECT ANY DEFECT, MALFUNCTION, OR UNSAFE CONDITION, AND I WILL NOT RESUME USE UNTIL COMPANY DETERMINES IT IS SAFE. I will stop use and notify Company if any defect or unsafe condition arises and not operate until safe.
LATENT DEFECTS. I UNDERSTAND AND ACCEPT THE RISK OF LATENT OR UNDETECTABLE DEFECTS NOT DISCOVERABLE BY ORDINARY INSPECTION, EXCLUDING ANY INJURY OR DAMAGE CAUSED BY COMPANY'S GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT.
RELEASE OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY GEORGIA LAW, I RELEASE, WAIVE, COVENANT NOT TO SUE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO MY RENTAL, POSSESSION, TRANSPORT, CHARGING, OR USE OF THE E-BIKE OR ANY RELATED EQUIPMENT, THE CONDITION, SELECTION, INSPECTION, MAINTENANCE, REPAIR, INSTRUCTION, TRAINING, SUPERVISION, ENTRUSTMENT, OR OPERATION OF THE EQUIPMENT, OR THE CONDITION OF ANY PREMISES OR ROUTES, INCLUDING CLAIMS ALLEGING THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, INCLUDING NEGLIGENT INSPECTION, MAINTENANCE, REPAIR, INSTRUCTION, TRAINING, SELECTION, HIRING, SUPERVISION, ENTRUSTMENT, PREMISES LIABILITY, DESIGN, OR FAILURE TO WARN. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT. I RELEASE, WAIVE, COVENANT NOT TO SUE, AND FOREVER DISCHARGE THE COMPANY FROM CLAIMS FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY RENTAL, POSSESSION, OR USE OF THE E-BIKE TO THE EXTENT CAUSED BY THE COMPANY'S ORDINARY NEGLIGENCE.
8. Indemnification. Initial here: _______
I will defend, indemnify, and hold harmless Company from third-party claims, losses, liabilities, damages, and costs (including reasonable attorneys' fees) arising out of my breach of this agreement, violation of law or path rules, or my negligent or intentional acts/omissions in use, operation, or custody of the E-Bike, except to the extent caused by Company's gross negligence or willful or wanton misconduct. This indemnity also applies to any subrogation claims as described in Section 11.
9. Governing Law. Initial here: _______
Georgia law governs.
10. Waiver of Subrogation. Initial here: _______
I agree to use commercially reasonable efforts to cause my insurers to waive rights of subrogation against the Released Parties to the maximum extent permitted by applicable policies and law. If any insurer nevertheless asserts subrogation against any Released Party, I will defend, indemnify, and hold the Released Parties harmless from such subrogation demands, to the fullest extent permitted by law and subject to the exclusion for gross negligence or willful or wanton misconduct.
11. Electronic Signatures and Records; Communications. Initial here: _______
I consent to electronic signatures and records and to electronic delivery of rules and acknowledgments; I will keep my contact information current. Typed names, checkboxes, and digital signatures are electronic signatures with the same legal effect as handwritten signatures. Company may retain an electronic copy of this Agreement as the authoritative record. Notices may be sent to the email and address I provide below.
12. Renter Acknowledgments. Initial here: _______
- I received and will comply with the Glynn County E-Bike/bicycle operational rules.
- I will comply with the 15 mph path speed limit, yield rules, passing signals, and stopping/dismount rules.
- I understand helmet and age rules (under-16 and Class III) and lighting/brake requirements for low-light/night.
- I understand no wheeled conveyances on Mallery Street sidewalks between Magnolia Avenue and the pier, with the limited disability-device exception at 5 mph or less.
- I understand reckless/unsafe operation is prohibited and violations may be fined up to $1,000.
- I inspected and accept the E-Bike and will cease use if unsafe.
13. Parent/Guardian Consent, Release, and Indemnity (If Participant is under 18). Initial here: _______
Consent. I am the parent or legal guardian of the Minor Participant named below, and I consent to the Minor's participation in the activities described in this Agreement.
Release. To the fullest extent permitted by Georgia law, I, on my own behalf, release, waive, covenant not to sue, and forever discharge the Released Parties from my own claims for derivative damages related to the Minor's participation, including my claims for medical expenses and loss of services, excluding claims based on gross negligence or willful or wanton misconduct.
Indemnity. To the fullest extent permitted by law, I agree to defend, indemnify, and hold harmless the Released Parties from any claim brought by or on behalf of the Minor Participant to the extent my conduct or the Minor's conduct gives rise to liability, and from any subrogation claims asserted due to the Minor's participation, in each case excluding the gross negligence or willful or wanton misconduct of a Released Party.
14. Entire Agreement; Severability; No Oral Modification. Initial here: _______
This Agreement is the entire understanding regarding its subject matter and supersedes inconsistent prior or contemporaneous statements. If any term is held unenforceable, it will be narrowed to the minimum extent necessary or severed, and the remainder will continue in effect. No oral modification is effective; changes must be in a signed writing or accepted electronic record.
By signing below, I acknowledge that I have read and understand this Agreement, including the CONSPICUOUS ASSUMPTION OF RISK AND RELEASE OF LIABILITY in Section 7, the INDEMNIFICATION in Section 8, and I agree to be bound to the terms hereof.
