Machinery Row Bicycles Rental Agreement

BICYCLE RENTAL RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

This Agreement is made between Machinery Row Bicycles (“Rental Company”), located at 601 Williamson St., Madison, WI, and the undersigned renter (“Renter”) for the rental of bicycles and related equipment.

1. ACKNOWLEDGEMENT OF RISKS
The undersigned acknowledges and understands that cycling is an inherently dangerous activity that involves risks, including but not limited to: collisions, accidents, falls, weather conditions, road conditions, and other hazards which could result in personal injury, property damage, or even death. By renting a bicycle and/or related equipment from the Rental Company, the Renter voluntarily assumes all risks associated with cycling.

2. ASSUMPTION OF RISK
Renter expressly acknowledges that they are voluntarily choosing to rent and use the bicycle and/or related equipment. The Renter assumes all risks associated with the use of the bicycle and/or equipment, including but not limited to those risks arising from the physical condition of the equipment, road conditions, and their own personal physical fitness.

3. RELEASE OF LIABILITY
To the fullest extent permitted by law, the Renter hereby releases, waives, discharges, and agrees not to sue Machinery Row Bicycles, its owners, employees, agents, and affiliates (collectively referred to as “Released Parties”) from any and all liability for any injury, death, loss, or damage to the Renter or any third party resulting from the use of the rented bicycle and/or related equipment, whether caused by negligence, fault, or any other reason.

4. INDEMNIFICATION
The Renter agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, liabilities, losses, damages, costs, or expenses, including attorney's fees, arising out of or in connection with the Renter’s use of the rented bicycle and/or related equipment, including but not limited to claims of personal injury, death, or property damage.

5. EQUIPMENT CONDITION AND RETURN
The Renter acknowledges that they have inspected the rented bicycle and/or related equipment and that it is in good working condition, except as noted in the Equipment Checklist (if applicable). The Renter agrees to return the bicycle and/or equipment in the same condition as it was received, excluding normal wear and tear. If any damage or malfunction is discovered during the rental period, the Renter will immediately notify the Rental Company. The Renter agrees to pay for any repair or replacement costs due to damage or loss caused during the rental period.

6. CLEANING FEE
If the rented bicycle is returned in a dirty or unkempt condition (as determined by the Rental Company at its sole discretion), the Renter agrees to pay a $40 cleaning fee. This fee will be charged in addition to any other repair or replacement fees for damages incurred during the rental period.

7. COMPLIANCE WITH LAWS
The Renter agrees to comply with all local, state, and federal laws, rules, and regulations governing the use of bicycles, including but not limited to helmet laws, traffic laws, and other relevant regulations. The Renter further agrees to ride the bicycle in a responsible and safe manner at all times.

8. INSURANCE
The Renter acknowledges that Machinery Row Bicycles does not provide insurance for personal injury or property damage related to the use of the rented bicycle or equipment. The Renter is encouraged to have their own insurance coverage or to seek personal injury or liability insurance if desired.

9. NO WARRANTY
The Rental Company makes no warranties, express or implied, regarding the condition of the rented bicycle or related equipment. The equipment is rented “as is,” and the Rental Company does not guarantee its performance or fitness for a particular purpose.

10. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the state of [State]. Any disputes arising out of or related to this Agreement shall be resolved through mediation, and if unsuccessful, through binding arbitration, with venue and jurisdiction located in [City/County, State].

11. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings. No modification or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both parties.

IN WITNESS WHEREOF, the undersigned Renter has read, understood, and voluntarily signed this Bicycle Rental Release of Liability, Assumption of Risk, and Indemnity Agreement.