FLEET DUTCH BICYCLE RENTALS

380 Sherbourne St, Toronto, Ontario  |  fleetbicycles.ca

 

BICYCLE RENTAL AGREEMENT, LIABILITY WAIVER, AND RELEASE

Fleet Dutch Bicycle Rentals ("Company," "We," or "Our") requires that you ("Renter," "You," or "Your") read and agree to all terms and conditions of this Bicycle Rental Agreement, Liability Waiver, and Release ("Agreement") before renting any bicycle. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

 

SECTION 1 — NATURE OF USED EQUIPMENT

You acknowledge and agree that the bicycle(s) rented to You under this Agreement are used and may show signs of wear consistent with prior use. Company represents that all bicycles have been inspected and are in reasonably safe working condition prior to rental. However, You acknowledge that:

•        Used bicycles may have cosmetic or minor mechanical imperfections;

•        You have had the opportunity to inspect the bicycle prior to accepting it;

•        You accept the bicycle in its current condition ("as-is") subject to the representations herein;

•        You will conduct a personal inspection of the bicycle before riding, including checking brakes, tires, seat, and handlebars; and

•        You will immediately notify Company of any defect, malfunction, or unsafe condition before using the bicycle.

 

SECTION 2 — ASSUMPTION OF RISK

You agree that riding a bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. These include but are not limited to:

•        Physical injury, disability, or death resulting from falls, collisions, or accidents;

•        Risks associated with road and traffic conditions, including uneven surfaces, potholes, and vehicle traffic;

•        Risks associated with weather and environmental conditions;

•        Risks arising from your own physical condition or fitness level;

•        Risks inherent in cycling generally, including those associated with used equipment; and

•        Risks arising from the actions or inactions of third parties, including other cyclists, pedestrians, and motorists.

You acknowledge that such risks, dangers, and hazards are Your sole responsibility. You agree that bicycles are machines that may malfunction even if properly maintained, and that such malfunction may cause injury.

Before using any bicycle, You agree to inspect it to confirm: (i) adequate tire pressure; (ii) operation of all brakes and lights; (iii) proper attachment of seat, pedals, and any accessories; (iv) good condition of the frame; and (v) no sign of damage, unusual wear, or mechanical problems. You agree not to ride the bicycle if You notice any damage or faults.

 

SECTION 3 — RELEASE AND WAIVER OF LIABILITY

IN EXCHANGE FOR BEING PERMITTED TO RENT AND USE A BICYCLE FROM COMPANY, YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR HEIRS, FAMILY MEMBERS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) DO HEREBY FULLY AND FOREVER:

(i) RELEASE AND DISCHARGE Fleet Dutch Bicycle Rentals and its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns (collectively, "Company and its Related Parties") from any and all claims, injuries, demands, liabilities, disputes, causes of action, proceedings, obligations, debts, costs, expenses (including attorneys' fees), damages, or losses — whether known or unknown, asserted or unasserted — except for claims caused by Company's gross negligence or willful misconduct; and

(ii) AGREE TO INDEMNIFY AND HOLD HARMLESS Company and its Related Parties from and against all such claims, except those caused by Company's gross negligence or willful misconduct.

This release applies to claims arising from:

•        Any risk, hazard, or danger described in this Agreement;

•        Your use of, or inability to use, the bicycle;

•        Your breach of this Agreement or violation of any applicable law;

•        Any negligence, misconduct, or action or inaction by You;

•        Your failure to wear a helmet or other appropriate safety equipment; or

•        Any negligence, misconduct, or action or inaction of any third party.

 

SECTION 4 — DISCLAIMERS

YOUR USE OF ANY BICYCLE OR RELATED EQUIPMENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FLEET DUTCH BICYCLE RENTALS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY BICYCLE OR RELATED EQUIPMENT, ALL OF WHICH ARE PROVIDED "AS IS."

 

SECTION 5 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE RENTAL FEE PAID BY YOU FOR THE RENTAL PERIOD GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY; IF THOSE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

 

SECTION 6 — RENTER REPRESENTATIONS AND COVENANTS

You represent and warrant that You are a competent bicycle operator, are sufficiently fit to safely operate a bicycle, and have taken all precautions to ensure You are capable of engaging in such physical activity.

You agree to:

1.      Comply with all applicable laws, including the Highway Traffic Act (Ontario) and all municipal bylaws governing cycling in Toronto;

2.      Not operate the bicycle while under the influence of alcohol, drugs, or any substance that impairs Your ability to safely ride;

3.      Not use a cellular phone, GPS device, or other distracting device while the bicycle is in motion;

4.      Not carry a second person on the bicycle;

5.      Not use the bicycle for racing, stunt riding, off-road riding, or any purpose other than safe operation on public roads and designated bicycle routes;

6.      Not exceed the maximum weight limit of the bicycle as indicated on the bicycle or communicated by Company at time of rental;

7.      Not modify, alter, or tamper with the bicycle in any way;

8.      Not operate the bicycle in extreme weather conditions that make it more dangerous to ride;

9.      Not permit any other person to use the rented bicycle without Company's prior written consent;

10.   Return the bicycle to Company in the same condition as received, subject to normal wear and tear; and

11.   Report any accident, injury, or damage involving the bicycle to Company as soon as possible, and in no event later than 24 hours after the occurrence.

 

SECTION 7 — HELMETS

7.1 Recommended Use — All Bicycles

Fleet Dutch Bicycle Rentals provides a helmet with every rental. Wearing a properly sized, fitted, and fastened approved helmet while cycling may protect against or lessen the severity of a head injury. Company strongly recommends that all renters wear the provided helmet for the entire duration of the rental. Company does not represent or warrant the quality or safety of any helmet, and shall not be liable for any injury suffered while using the bicycle.

7.2 Mandatory Use — Riders Under 18

Ontario law requires all cyclists under 18 years of age to wear an approved bicycle helmet at all times. You agree that any renter under 18 will wear a properly fitted, approved helmet for the entire duration of the rental.

 

SECTION 8 — CHILD SEAT RENTAL AND CHILD PASSENGER SAFETY

If You rent a bicycle equipped with a child seat ("Child Seat"), You acknowledge and agree to the following additional terms:

8.1 Parental/Guardian Responsibility

You represent and warrant that You are the parent or legal guardian of any child placed in the Child Seat, or that You have the express permission of the child's parent or legal guardian to transport the child. You assume sole and full responsibility for the safety and well-being of any child passenger during the rental period.

8.2 Age and Weight Limits

The Child Seat is designed for children who:

•        Are able to sit upright unassisted and support their own head and neck;

•        Are at least 12 months of age (unless a physician has specifically approved cycling for a younger child); and

•        Do not exceed the maximum weight capacity indicated on the Child Seat.

8.3 Helmet Requirement

Ontario law requires all child passengers on a bicycle to wear an approved bicycle helmet (Highway Traffic Act, R.S.O. 1990). You agree that no child will be placed in or ride in the Child Seat without a properly fitted, approved helmet at all times. Fleet Dutch Bicycle Rentals provides a child helmet with every Kids on Board rental. It is Your responsibility to ensure the helmet fits the child properly.

8.4 Pre-Ride Inspection of Child Seat

Before placing a child in the Child Seat, You agree to confirm that the seat is securely and properly mounted to the bicycle; all harness straps and buckles are in good working order and properly fastened around the child; and the child's feet cannot make contact with the wheels or moving parts.

8.5 Safe Operation with Child Passenger

You acknowledge that operating a bicycle with a child passenger materially changes handling, weight distribution, and stopping distance. You agree to ride at reduced speeds, exercise heightened caution, avoid routes with heavy traffic or poor road surfaces, and never leave a child unattended in the Child Seat.

8.6 Assumption of Risk and Release — Child Passenger

You acknowledge that transporting a child by bicycle carries inherent risks, including serious injury or death to the child. You (acting on behalf of Yourself, the child, and the child's heirs, family members, and legal representatives) release, hold harmless, and discharge Company and all Related Parties from any and all claims arising out of or related to the use of the Child Seat or the transportation of a child during the rental period, to the fullest extent permitted by Ontario law.

8.7 Indemnification — Child Passenger

You agree to indemnify, defend, and hold harmless Company and its Related Parties from any claims, losses, damages, or costs (including legal fees) arising out of or related to the transportation of a child passenger during Your rental.

 

SECTION 9 — MINORS RENTING A BICYCLE

Access to bicycle rentals is available to persons 14 years of age and older only. No bicycle will be rented to a person under 14 years of age.

Renters aged 14–17 may only rent if:

•        The rental is arranged by or under the responsibility of the minor's parent or legal guardian;

•        Renters aged 14–15 are physically accompanied during the ride by their parent or guardian; and

•        The parent or guardian is fully liable for all injuries, damages, and costs caused by the minor's use of the bicycle.

 

SECTION 10 — DAMAGE, LOSS, AND THEFT

You are financially responsible for:

•        Any damage to the bicycle caused by misuse, negligence, or reckless operation beyond normal wear and tear;

•        Loss or theft of the bicycle during the rental period; and

•        Any costs incurred by Company in recovering or repairing the bicycle due to Your breach of this Agreement.

You agree to promptly report any theft or disappearance of the bicycle to Company and to the local police within 24 hours of the occurrence. Company reserves the right to charge the payment method on file for any such damage, loss, or associated costs.

 

SECTION 11 — ACCIDENT REPORTING

You must report all accidents and injuries involving the rented bicycle to local authorities and to Company as soon as possible, and in no event later than 24 hours after the occurrence. Contact Fleet Dutch Bicycle Rentals at: fleetbicycles.ca or 380 Sherbourne St, Toronto, Ontario.

 

SECTION 12 — PERSONAL INFORMATION

In connection with Your rental, Fleet Dutch Bicycle Rentals will collect personal information including Your name, contact information, and payment details. This information will be used to process Your rental, communicate with You about Your rental, and as otherwise required by law. Company will not sell Your personal information to third parties. Company may share Your information in response to a lawful request from authorities, a court order, or as required to operate the rental service. Company takes reasonable steps to protect Your data.

 

SECTION 13 — CHOICE OF LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The parties consent to the jurisdiction of the courts of Ontario, with venue in Toronto. The prevailing party is entitled to its reasonable costs, expenses, and legal fees. The parties may mutually agree to submit any dispute to mediation before pursuing litigation.

 

SECTION 14 — GENERAL PROVISIONS

14.1 Modifications. Company reserves the right to amend this Agreement at any time. Any such changes will be posted at fleetbicycles.ca. Continued use of the Service after any amendment constitutes acceptance of the revised terms.

14.2 Severability. If any provision of this Agreement is found by a court to be invalid or unenforceable, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.

14.3 No Waiver. No waiver of any breach of any provision of this Agreement constitutes a waiver of any other breach or provision.

14.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the rental of the bicycle and supersedes all prior written or oral agreements on the subject matter.

 

BY SIGNING BELOW, I CONFIRM THAT I have read and fully understand this Agreement; I am 18 years of age or older (or am the parent/guardian of the minor renter named below); I am voluntarily agreeing to all terms and conditions; I understand that I am waiving significant legal rights, including the right to sue Company for injuries or losses; and I agree to be bound by this Agreement.

 

 

IF RENTING ON BEHALF OF A MINOR:

 

IF CHILD SEAT RENTED:

Parent/Guardian confirms child helmet will be worn:  ☐ Yes

 

BICYCLE DETAILS: