Rental Waiver - bikebranson.com

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Terms and Conditions *

Click here to acknowledge and accept the following:

•It is required that Riders wear helmets (provided) at all times while operating bikes and e-bikes.
•Riders must adhere to all traffic laws and ride in designated bike lanes or areas.
•E-bike riders must familiarize themselves with the operation of the e-bike and use it responsibly.
•Riders must not exceed the speed limits, especially in pedestrian areas.
•Riders must return bikes and e-bikes by close of business daily, unless special conditions or arrangements exist.
•Alcohol and drugs are not permitted while operating bikes and e-bikes.
•Bike and e-bike rentals must be inspected before use, and any issues must be reported immediately.
•Riders are responsible for securing bikes and e-bikes when not in use to prevent theft.
•Do not ride bikes or e-bikes on trails that are beyond your skill level.
•Riders must be aware of changing weather conditions and return to base if conditions become hazardous.
•Riders must avoid reckless behavior, including but not limited to stunts, off-road riding (where prohibited), or any use that may endanger others.
•Bike and Kayak Branson LLC, DBA Bike Branson is not responsible for damaged or lost personal items. Secure your belongings.
•If you are less than 18 years of age, a legal adult or guardian must sign your waiver.
•If you need to cancel for any reason, please notify us 24 hours or more in advance.

BIKE AND KAYAK LLC, (BIKE BRANSON), RELEASE OF LIABILITY *

Click here to acknowledge and accept the following:

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

PLEASE READ THIS CAREFULLY AS IT AFFECTS ANY RIGHTS YOU AND YOUR GROUP MEMBERS MAY HAVE IF YOU ARE INJURED OR OTHERWISE SUFFER DAMAGES WHILE PARTICIPATING IN ANY WATER OR BIKE SPORTS ACTIVITIES ASSOCIATED WITH BIKE AND KAYAK BRANSON LLC.

Section 1: Activity Definition and Participation Agreement

While participating in biking activities, which includes but is not limited to the rental and use of bikes and e-bikes, helmets, and related equipment ("Bikes"), transportation of Bikes to and from the location by vehicle, and use of Bikes for biking and other related activities on the Bikes ("The Activities") from BIKE AND KAYAK BRANSON LLC, DBA BIKE BRANSON, I acknowledge that I am booking for myself and my group, and each biking participant in my group, for himself or herself, his or her personal representatives, guardians, heirs, and next of kin (hereafter referred to as "I/we"), acknowledge, agree, represent, covenant, and promise the following:

Section 2: Risk Acknowledgment

I/we also understand and acknowledge that the risks of participating in biking Activities include but are not limited to: cuts, scratches, bruises, blisters, muscle pulls or strains, falls, contusions, sprains, broken bones, poison ivy and other plant-related or non-plant related contact dermatitis, concussions or other head injuries, snake or insect bites, other injuries by wild animals, allergic reactions which could be severe or fatal, heat exhaustion, heat stroke, dehydration, collisions with vehicles or stationary objects, injuries from mechanical failure, and death. I/we agree and acknowledge that there are several clear and known risks associated with biking Activities that include, but are not limited to, serious injury or death resulting from traffic accidents, falls, mechanical failures, or hazardous terrain. I/we understand that risks are also associated with the transportation of Bikes on vehicles, which includes but is not limited to damage to the subject vehicle, damage to a third person's vehicle, and injury or death to persons that may be caused by loss of a Bike during transportation.

Section 3: Voluntary Participation and Risk Assumption

I/WE ARE AWARE OF THE RISKS AND DANGERS INHERENT IN THE ACTIVITIES, AND EXPRESSLY, VOLUNTARILY, KNOWINGLY, AND WILLINGLY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY OR PROPERTY DAMAGE WHICH MAY BE SUSTAINED AS A RESULT OF PARTICIPATING IN THE ACTIVITIES, WHETHER OBVIOUS OR NOT OBVIOUS, AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF BIKE AND KAYAK BRANSON LLC, DBA BIKE BRANSON, OR ANY OTHER PERSON. I/we agree that the Activities are recreational in nature, that I/we are entering into this release and participating in the Activities freely and voluntarily, and that no one is forcing me/us to Sign this release or participate in the Activities.

Section 4: Equipment and Financial Responsibility

I/we understand that Bike and Kayak Branson LLC, DBA Bike Branson and its officers, servants, agents, owners, representatives, and employees is not responsible for injuries or damages sustained during the Activities whether the damages are due to neglect, mechanical failure, or any other cause whatsoever, regardless of who happens to be operating the Bikes. I/we assume full liability from the time the Bikes are rented until they are returned. I/we accept the Bikes in the "as is" condition and hereby absolve and relieve Bike and Kayak Branson LLC, from any liability by reason of, or resulting from, the condition of the Bikes. I/we also agree to reimburse Bike and Kayak Branson LLC, DBA Bike Branson for the full new model purchase price of any Bikes that I/we damage, lose, or destroy from the time the Bikes are rented until they are returned, regardless of fault— whether the loss or damage occurred through my/our own fault, the fault or a third party, or the fault of no person. I/we further agree, authorize, and give express approval to Bike and Kayak Branson LLC, DBA Bike Branson to charge my credit card for the full amount of any damaged or lost Bikes, or for late fees or other fees that are assessed for my/our failure to return Bikes or equipment by the required deadline. I/we agree to any other terms, conditions, and policies of Bike and Kayak Branson LLC, DBA Bike Branson, and to pay any such fees imposed as a condition of my/our rental. I/we agree that if my/our vehicle or any other vehicle is damaged by any Bikes during the loading or unloading of Bikes, or during transportation of Bikes, even due to the sole negligence of Bike and Kayak Branson LLC, DBA Bike Branson, I/we assume and will pay for all damages to the subject vehicle, will not hold Bike and Kayak Branson LLC, DBA Bike Branson responsible and fully release Bike and Kayak Branson LLC, DBA Bike Branson from any and all such damage.

Section 5: Release of Liability

I/we hereby release, waive, and discharge Bike and Kayak Branson LLC, DBA Bike Branson from any and all liability, claim, demand, or cause of action arising out of or related to any loss, damage, or injury, including death that occurs to person or property as a result of my/our or my/our child's participation in the Activities. I/we further agree not to sue or make a claim against or attach the property of the Bike and Kayak Branson LLC, DBA Bike Branson for any injury caused by or resulting from my/our or my/our child's participation in the Activities, whether or not such injury was caused by or resulting from negligence caused by myself/ourselves, Bike and Kayak Branson LLC, DBA Bike Branson or any other party, or any other cause.

Section 6: Indemnification and Medical Authorization

I/we further agree to indemnify and hold harmless and defend Bike and Kayak Branson LLC, DBA Bike Branson, from any and all claims from injuries, including death, damages, and losses sustained by me/us or arising out of, or in any way associated with the Activities. In the event of emergency, I/we authorize Bike and Kayak Branson LLC, DBA Bike Branson to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my/our immediate care and I/we agree that I/we will be responsible for payment of any and all medical services required.

Section 7: Legal Rights Acknowledgment

I/WE ARE AWARE THAT BY ACCEPTING THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I/WE ARE RELEASING MY/OUR LEGAL RIGHTS TO SEEK RECOVERY FROM Bike and Kayak Branson LLC, DBA Bike Branson. I/we further acknowledge that this total waiver shall operate to prevent myself/ourselves, or any of my/our heirs, assigns, guardians, personal representatives or members of my/our family from pursuing any such action arising out of the Activities. I/we further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Missouri and that if any portion thereof is held invalid, it is agreed that the rest of the agreement shall continue in full legal force and effect.

Section 8: Communicable Disease Acknowledgment

I/we understand that there are inherent risks of exposure to communicable diseases when using shared recreational equipment and facilities operated by Bike and Kayak Branson LLC, DBA Bike Branson. I/we acknowledge that such exposure may result in illness, injury, permanent disability, or in severe cases, death. I/we voluntarily choose to participate in these activities with full knowledge of these risks. I/we agree that Bike and Kayak Branson LLC, DBA Bike Branson's general cleaning and sanitization practices are voluntary measures that do not create any additional legal duty or obligation to prevent exposure to communicable diseases. While the company may implement various health and safety measures, I/we understand these are voluntary practices and do not constitute a guarantee against exposure to any communicable disease. By implementing such measures, Bike and Kayak Branson LLC, DBA Bike Branson does not assume any additional legal duty or waive any of its legal rights.

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Acknowledgement for Groups and Accompanying Minors *

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Section 9: Group and Minor Authorization

By accepting this waiver, I acknowledge that I am the designated representative for my entire rental group. I certify that I have the authority to sign this waiver and release on behalf of all members of my party, including any minors. I understand that it is my responsibility to communicate all terms, conditions, and risks outlined in this waiver to all members of my group. I agree that this waiver and release applies equally to each person in my rental group, whether present at the time of booking or added later. For any minors in the group, I certify that I am either their parent/legal guardian or have obtained permission from their parent/legal guardian to sign on their behalf.

I solemnly swear that I am: *

18 years of age or older.
The legal parent/guardian of minors in my group, or have obtained permission from the legal parent/guardian of minors in my group. Both the undersigned and the "Minors" shall be bound by this agreement and release as fully as had the minor been eighteen years of age or older and signed such release on his or her own behalf.

I solemnly swear that I understand and agree to the terms of this waiver and I agree to the terms of the rental(s). *

By clicking yes, and then submit, I agree to be bound by the terms of this agreement. I understand I am giving up my right to sue or otherwise make a claim against Bike and Kayak Branson LLC, DBA Bike Branson, including for any negligence. This agreement shall be governed by and construed in accordance with the laws of the state of Missouri. I agree that I have read and voluntarily signed this release and waiver of liability agreement, and I further agree that no oral representations, statements or inducements apart from the foregoing agreements have been made.