Last updated: June 1, 2023
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.
The person who is renting a bicycle from Lister shall be referred to hereinafter as "Renter". The "Undersigned" means only the Renter when the Renter is age 18 or older. The Undersigned agree and understand that test riding bicycles and bicycling in general, whether on or off-road or paths, (hereinafter, individually and collectively, the "Rental Activity") can be HAZARDOUS AND INVOLVE THE RISK OF PROPERTY DAMAGE, PHYSICAL INJURY AND/OR DEATH.
The Undersigned agree to accept for use any and all Rental Activity equipment "AS IS" and WITH NO WARRANTIES, express or implied. The Undersigned agree that they have had the full and fair opportunity to completely inspect the equipment. The Undersigned agree that the Renter identified on this form will be the only person using the equipment. If the Undersigned feel the equipment is not in proper working order and/or or is not functioning properly, Renter will not use it or otherwise stop using it immediately and return it for inspection, possible repair, adjustment and/or replacement.
The Undersigned accept full responsibility for the care of the equipment during the Rental Activity and will be responsible for the return, replacement and/or repair at full retail value as determined by the shop of any equipment utilized and not returned or returned in a damaged condition. The Undersigned agree that Trailhound Cabin Co. is authorized and shall have the right to charge the Undersigned's credit card for repair and/or replacement cost for damaged and/or unreturned equipment.
The Undersigned agree and understand that risks and dangers associated with the Rental Activity include, but are not limited to, property damage, injury and/or death from or related to:
Falling; crashing; loss of control; equipment failure; equipment malfunction; equipment damage; Renter's improper use of equipment; flat tires; wheel rotation impairment and/or lock-up; brake failure; wheel skewer/quick-release slippage and/or failure; high speed; slick or uneven conditions; loss of balance; variations in slope, surface and subsurface terrain; rugged terrain; bumps; stumps; forest growth; downed timber; rocks of various sizes; loose gravel; sand; dirt, paved or unpaved surfaces; curbs; stairs; gutters; grates; soft shoulders; ruts; mud; potholes; debris; road conditions; course and venue configuration and/or conditions; marked and unmarked obstacles; blind corners; drainage channels; varying visibility; unmaintained roads and/or trails; road, trail and/or other path obstructions; unmarked roads and/or trails; Renter or another acting in a manner that may cause and/or contribute to injury to Renter or others, such as failing to maintain control, selecting terrain that exceeds his/her ability, and not acting within his/her ability; Renter's failure to comply with signage and/or rules of the road; collisions with natural and man-made objects or other people; ramps, jumps, and features; encounters with cars and/or other motor vehicles; operator error; operating/riding while physically and/or mentally impaired; adverse weather; Renter's health condition; strenuous activity; fatigue; exhaustion; dehydration; heatstroke; and mental distress from exposure to any of the above.
The Undersigned acknowledge and understand that the description of the risks listed above is not complete and that all activities, whether or not described, may be dangerous and may also include risks and dangers which are inherent and/or which cannot be reasonably avoided. By signing this document, the Undersigned recognize that property loss, injury, serious injury and death are all possible while participating in the Rental Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE Rental ACTIVITY, VOLUNTARILY CHOOSE FOR Renter TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE Rental ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
Additionally, in consideration of allowing Renter to participate in the Rental Activity, THE UNDERSIGNED HEREBY AGREE NOT TO SUE Lister or any of their respective entities, affiliates, parents, subsidiaries, insurance carriers, agents, employees, representatives, assignees, officers, directors, and/or shareholders of all of the above (each hereinafter a "Released Party""). Also, the UNDERSIGNED AGREE TO HOLD HARMLESS AND RELEASE EACH AND EVERY RELEASED PARTY FROM ANY AND ALL liability and/or claims for injury or death to persons or damage to property arising from Renter's participation in the Rental Activity, including, but not limited to, those claims based on any Released Party's alleged or actual NEGLIGENCE or BREACH of any CONTRACT and/or express or implied WARRANTY.
The Undersigned take full responsibility for any property damage (including but not limited to equipment damage), injury or loss to Renter, including death, which Renter may suffer, arising in whole or in part out of Renter's participation in the Rental Activity. By signing this Agreement, the UNDERSIGNED AGREE they are releasing any right to make a claim or file a lawsuit against any Released Party.
By execution of this Agreement, the Undersigned also AGREE TO DEFEND AND INDEMNIFY/REIMBURSE each Released Party from any and all claims of the Undersigned and/or a third party arising in whole or in part from Renter's participation in the Rental Activity and use of the equipment.
The Undersigned recognize and understand that IT IS RECOMMENDED THAT RENTER WEAR A PROTECTIVE HELMET. The Undersigned understand that helmets may reduce or mitigate the severity of head injuries to Renter but that a HELMET is in no way a guarantee of safety, and that no helmet can protect the wearer against all foreseeable impacts to the head. The Undersigned recognize that helmets have limited capability as far as shock absorption and that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn. The Undersigned also understand that the helmet does not guard against injury to the neck, spine or any other part of the body, and bicycling and other related activities can expose the user to forces that exceed the limits of protection provided by a helmet
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In consideration for allowing Renter to participate in the Rental Activity, the Undersigned agree that any and all claims for injury and/or death arising from Renter's participation shall be governed by SOUTH DAKOTA law and exclusive jurisdiction of any claim shall be the District Court OF PENNINGTON COUNTY, SOUTH DAKOTA or in the Federal Court for the State of SOUTH DAKOTA.
In the case of a minor Renter, the undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Renter, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that but for the foregoing, the minor Renter would not be permitted to participate in the Rental Activity.
By signing this Agreement Renter, under penalty of fraud, represents that they are at least 18 years of age.
The Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned's intent that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT OTHERWISE MAY EXIST.