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RENTAL AGREEMENT, ASSUMPTION OF RISK, WAIVER AND RELEASE

I confirm that I / my child is an experienced cyclist. I, the Customer (the person named and signing below), agree to rent bicycles, helmets, and other equipment as agreed (the "Equipment") from Joe's Garage, in accordance with the terms and conditions set out below. I confirm that I have read and accepted the terms of this Rental Agreement and the attached Assumption of Risk, Waiver and Release. The Customer accepts use of the Equipment as is, clean and in good condition, and accepts full responsibility for the care of the Equipment while it is in his or her possession. Renters are encouraged to check their bike and equipment and raise any concerns before starting their ride.

Conditions of Bicycles and Equipment

I agree to operate the Equipment in a safe and prudent fashion. I have inspected the Equipment and confirm that it has been provided to me in a clean, safe, and usable condition, and I agree that I will return it to Joe's Garage in the same condition it was provided to me, subject to reasonable wear and tear. Reasonable wear and tear does not include broken spokes, bent rims, or damaged frames, handlebars, seats, or other parts resulting from misuse and/or crashes. If I damage the Equipment, I agree to pay Joe's Garage's costs to repair or replace it, which will be done at Joe's Garage's discretion, and I agree to pay Joe's Garage's costs to replace parts and their current rates for repair, which are available to me on request.

Late Returns

Late returns are subject to rental rates for the additional time beyond the period agreed upon at the time of rental, charged in half-day increments.

Lost or Stolen Bicycles or Equipment

Joe's Garage will provide one lock for each rental bicycle. This lock is not intended to keep out determined and professional thieves; it is meant to provide minimum security during daylight hours in low-crime areas. The Customer is responsible for using care in choosing a safe place to secure the bike when it is not in use during the rental period.

Bicycles or equipment that are lost or stolen while under a rental agreement will be replaced at Joe's Garage's discretion at regular retail prices. The Customer will be notified of the replacement costs within 72 hours of the report of the theft and will be provided a cost estimate before replacement costs are charged to their credit card. In the event that Joe's Garage is unable to process the purchase of such replacement bicycle and/or parts through the Customer's credit card, the Customer will, immediately upon notification by Joe's Garage, make payment by certified cheque, cash, or such other form of payment as is acceptable to Joe's Garage.

Assumption of Risk

I understand and accept that renting this bicycle and participating in bicycling exposes me / my child to many hazards that may entail unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury), and loss of or damage to property. I also understand that I / my child should be in good physical health to participate in bicycling, and I confirm that I / my child have no significant health issues that prevent me / my child from participating in bicycling. In spite of the aforementioned risks and acknowledgements, I hereby assume all risk of injury or loss of life to myself / my child and loss of or damage to property arising out of renting this bicycle and participating in bicycling. I understand the inherent risk involved in using this rental bicycling equipment and accept full responsibility for any and all such damage or injury that may result.

Waiver and Release

In consideration of Joe's Garage renting me / my child this bicycle, I specifically release and forever discharge Joe's Garage and its affiliates and employees from any and all liability or claims for injury, illness, death, or loss of or damage to property which I / my child may suffer while renting this bicycle and participating in bicycling. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death, or damage caused by the negligence of Joe's Garage or its affiliates or employees. It is my intent by this Waiver and Release Agreement to release Joe's Garage and hold it harmless from all liability for any such property loss or damage, personal injury, or loss of life, whether based upon breach of contract, breach of warranty, or any other legal theory. In signing this document, I hereby agree to indemnify and save harmless Joe's Garage, its owners, employees, and agents against any claims brought by me, or on my behalf, or on behalf of any person for whom I am responsible, and against any costs they may incur in investigating and defending such claims, including their legal costs on a solicitor-and-client basis. I fully recognize that if injury, illness, death, or damage occurs to me / my child while I am engaged in renting this bicycle or participating in bicycling, I will have no right to make a claim or file a lawsuit against Joe's Garage or its affiliates or employees, even if they or any of them negligently cause my injury / my child's injury, illness, death, or damage.

Safety and Helmet Use

I understand that under the Traffic Safety Act (Alberta), riders under the age of 18 are required by law to wear a properly fitted and fastened bicycle helmet. I agree to comply with all applicable laws and municipal bylaws of the City of Calgary while operating the rental bicycle, including but not limited to the Traffic Safety Act (RSA 2000, c T-6) and the City of Calgary Traffic Bylaw 26M96.

Electronic Signature

I agree that my electronic signature below shall have the same legal force and effect as a handwritten signature, in accordance with the Electronic Transactions Act (SA 2001, c E-5.5) of the Province of Alberta.

Governing Law and Severability

This agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. If any provision of this agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect. The courts of the Province of Alberta shall have exclusive jurisdiction over any disputes arising under this agreement.

I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT I HAVE THE RIGHT TO HAVE THIS RENTAL AGREEMENT, ASSUMPTION OF RISK, WAIVER AND RELEASE REVIEWED BY A LAWYER OR OTHER PROFESSIONAL. I AM AWARE THAT THIS IS AN ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND I SIGN IT VOLUNTARILY. I ALSO UNDERSTAND THAT I SHOULD NOT, AND MAY NOT, PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.