I recognize that there are risks and dangers inherent in using an electric bike. Knowing of the inherent risks (such as, but not limited to, equipment failure, hazards of the road, traffic, changing weather conditions, etc.), I assume full responsibility for myself, for bodily injury, death and loss of personal property and any expenses incurred. I accept the rented equipment for use “as is,” in good condition, and accept full responsibility for care of all such equipment while rented by me or otherwise in my possession. I shall be responsible for the prompt replacement at full retail value of all rental equipment not returned or returned damaged, other than reasonable normal wear and tear. I agree to return rental equipment by agreed date and time to avoid additional charges. All instruction on the use of rental equipment have been made clear to me and I understand the function of the equipment.
I, ON BEHALF OF MYSELF, MY HEIRS, AND SUCCESSORS-IN-INTEREST, ASSUME THE RISK AND FOREVER RELEASE AND WAIVE ALL CLAIMS AGAINST KUL WHEELS LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “KW PARTIES”) FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR OTHER CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY ARISING FROM MY NEGLIGENCE OR CONDUCT, TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, I SHALL INDEMNIFY AND HOLD HARMLESS THE KW PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS ATTORNEYS’ FEES, COURT COSTS, OR LIABILITIES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, ARISING FROM OR RELATED TO MY USE OF THE ELECTRIC BIKES, ACCESSORIES, AND ASSOCIATED EQUIPMENT. EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM, OR ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE RENTAL OF KUL WHEEL LLC’S EQUIPMENT AND SERVICES. I ACKNOWLEDGE AND AGREE MY ACCEPTANCE OF THE TERMS OF THIS RELEASE AGREEMENT IS A MATERIAL CONDITION AND CONSIDERATION FOR MY RENTAL OF THE EBIKE EQUIPMENT AND USE OF SERVICES PROVIDED BY KUL WHEELS LLC.
By using Kul Wheels LLC property including but not limited to its electric bikes, accessories, and associated equipment, I am acknowledging that I am responsible to return all Kul Wheels LLC property in the same condition it was in when the property left the shop. If any property belonging to Kul Wheels LLC that I or my party used is returned damaged or missing, I shall be financially responsible for the full retail replacement value of the item, part, or equipment and any other associated costs related to the labor required to repair the equipment. I shall promptly pay any invoice issued by Kul Wheels LLC for equipment I do not return or return damaged. This rental agreement serves as my authorization for Kul Wheels LLC to use my credit card on file for these charges.
Bummer, my plans have changed. I MUST contact Kul Wheels within 48 Hours BEFORE the scheduled day of my tour/rental to cancel and receive a full refund. If I don't call or email within 48 hours before my tour/rental, AND receive a written confirmation of my cancellation from Kul Wheels LLC, we shall not issue a refund.
I must arrive no later than 15 minutes after the confirmed tour’s start time or Kul Wheels LLC shall assume that I am not coming and will leave without me and I will forfeit my payment.
All Rentals must be picked up no later than one half hour after my confirmed rental time, or Kul Wheels LLC shall assume that I am not coming and may release my ebike to someone else in which case I will lose my deposit.
Dang It! The Weather is Not Playing Nicely. Kul Wheel LLC’s guides are always ready to ride, but if the forecast reflects a strong likelihood for thunderstorms, hurricanes, sleet, snow, high winds (20 mph or greater), other wraths of Mother Nature, as determined in Kul Wheels LLC’s sole discretion, OR if it is below 45 degrees (F) or above 105 degrees (F) on the day of my scheduled ride, Kul Wheels LLC will cancel the tour to keep me safe. Kul Wheels LLC may "rain check" my reservation to another day (subject to availability) OR provide a full refund.
For my safety, the group’s safety, and the safety of Kul Wheel LLC’s staff and equipment, all participants MUST be able to confidently ride a bike. If a guest is not riding confidently enough to travel safely on Richmond trails and streets, Kul Wheels LLC will prohibit that guest from riding and will not issue a refund.
I hereby grant the Kul Wheels LLC permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of the Kul Wheels LLC and will not be returned.
I hereby irrevocably authorize the Kul Wheels LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge the Kul Wheels LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
This release agreement is governed and construed in accordance with the laws of the Commonwealth of Virginia, exclusive of its conflicts of laws provisions. This Agreement, and any additional terms and conditions posted by Kul Wheels LLC on its website at www.kulwheels.com constitute the entire agreement between the parties with respect to the subject matter herein and supersedes all prior verbal or written agreements or understanding between the parties. No change, modification, or waiver of this Agreement requested by me will be valid unless accepted by Kul Wheels LLC’s in a signed document. Kul Wheels LLC, in its sole discretion, may change the terms of its electric bike equipment rentals, tours, and other services by posting the same on its website. I understand any future rentals or tours thereafter will constitute my acceptance of the revised terms. All provisions of this Agreement are severable and each valid and enforceable provision will remain in effect and will be binding upon the parties, notwithstanding that other provisions may be held by legislative or judicial process to be invalid or unenforceable. All actions or proceedings seeking the interpretation or enforcement of this Agreement shall be brought only in state and federal courts located in Richmond, Virginia, all parties hereby submitting themselves to the exclusive personal jurisdiction of such courts.