Tahoe Skibikes Equipment Rental Waiver and Release of Liability
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
In this waiver, “Tahoe Skibikes” means TRY A SKIBIKE, LLC, doing business as Tahoe Skibikes. “Activities” means ski biking (including Type 2 ski bikes), skiing and related snow activities. “Equipment” means all items rented from Tahoe Skibikes, including ski bikes, skis, boots, helmets, goggles, locks and protective gear.
1. Assumption of risk. I understand that the Activities involve inherent risks, including INJURY or DEATH. I voluntarily and expressly assume all risk of injury or death that may result from the Activities, or that relates in any way to the use of the Equipment.
2. Responsibility for equipment. I accept responsibility for the Equipment listed on this form. I accept full financial responsibility for its care and storage while it is in my possession. This includes loss, THEFT, DAMAGE beyond normal wear and tear, and misuse. I will pay the FULL VALUE of replacement, as listed in the Rental Agreement, for any Equipment that is lost, stolen, or not returned to Tahoe Skibikes on the agreed date and time. The security deposit does not limit my responsibility.
3. Helmet use. I understand that a helmet designed for recreational snow sports can help reduce the risk of some injuries at slower speeds. I recognize that serious INJURY or DEATH can occur from both low- and high-energy impacts, even when a helmet is worn. I agree that every rider will wear a helmet at all times while using the Equipment. A rider may wear a helmet rented from Tahoe Skibikes or bring their own. A helmet a rider brings must be designed for recreational snow sports, be in good condition and fit properly. I understand that Tahoe Skibikes does not inspect, fit-test or warrant a helmet that a rider brings, and that Tahoe Skibikes may refuse to rent Equipment to any rider without a suitable helmet.
4. Rider responsibility. I understand my responsibilities as a rider under Nevada law, including Nevada Revised Statutes (NRS) Chapter 455A, and under applicable local codes, including Washoe County Code Chapter 50. Where the Activities take place in Placer County, California, I also understand my responsibilities under Placer County Code Article 9.28 (Skier Responsibility). Where the Activities take place in El Dorado County, California, I also understand my responsibilities under El Dorado County Municipal Code Chapter 9.20 (Skier Responsibility). I also understand my responsibilities under the ski safety laws and local codes of any other county or state where the Activities take place. Each is as amended.
5. Release of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, I release Tahoe Skibikes and its employees, owners, affiliates, agents, officers and directors, and the manufacturers and distributors of the Equipment (together, the “Providers”), from all liability for INJURY, DEATH, PROPERTY LOSS or DAMAGE that results from my participation in the Activities or relates to my use of the Equipment. This includes liability resulting from the NEGLIGENCE of the Providers or any other person or cause.
6. Defense and indemnity. To the fullest extent permitted by law, I agree to defend and indemnify the Providers against any LOSS or DAMAGE, including loss resulting from claims or lawsuits for personal injury, death and property loss or damage, related in any way to my use of the Equipment.
7. Governing law and disputes. In exchange for Tahoe Skibikes making the Equipment available to me, I CONTRACTUALLY AGREE that ALL DISPUTES between me and Tahoe Skibikes arising from my use of the Equipment or my participation in the Activities, including claims for personal injury or death, will be resolved as follows:
(a) Nevada incidents. If the incident happened in Nevada, the dispute will be governed by the laws of the STATE OF NEVADA. Exclusive jurisdiction will be in the state court located in WASHOE COUNTY, NEVADA.
(b) Placer County, California incidents. If the incident happened in Placer County, California, the dispute will be governed by the laws of the STATE OF CALIFORNIA. Exclusive jurisdiction will be in the state court located in PLACER COUNTY, CALIFORNIA.
(c) El Dorado County, California incidents. If the incident happened in El Dorado County, California, the dispute will be governed by the laws of the STATE OF CALIFORNIA. Exclusive jurisdiction will be in the state court located in EL DORADO COUNTY, CALIFORNIA.
(d) Other California incidents. If the incident happened in any other county in California, the dispute will be governed by the laws of the STATE OF CALIFORNIA. Exclusive jurisdiction will be in the state court located in PLACER COUNTY, CALIFORNIA.
(e) All other incidents. If the incident happened anywhere other than Nevada or California, the dispute will be governed by the laws of the STATE OF NEVADA. Exclusive jurisdiction will be in the state court located in WASHOE COUNTY, NEVADA.
8. Accuracy of information. I have made no misrepresentation to Tahoe Skibikes about any information it requested from me related to the rental or use of the Equipment, including information about each rider.
9. Fitness and equipment condition. I confirm that each rider is at least 7 years old, weighs no more than 250 pounds, and is physically able to ride safely. No rider has a medical condition or physical limitation that would make the Activities unsafe for them or for others. No rider will ride while impaired by alcohol, cannabis, drugs or medication. I will inspect the Equipment when I receive it, tell Tahoe Skibikes about any problem before riding, and not use Equipment I believe is unsafe.
10. Minors (riders under 18). If I am renting for any rider under 18, I confirm that I am that rider’s parent or legal guardian and have the authority to sign for them. By signing this waiver, I agree to all of its terms on my own behalf and on behalf of each minor rider I am renting for. This includes the assumption of risk, the release of liability, and the defense and indemnity obligations. I am responsible for making sure each minor rider follows this waiver and the instructions of Tahoe Skibikes staff.
11. If part is unenforceable. If any part of this waiver cannot be enforced, the rest remains in effect and will be enforced to the fullest extent permitted by law.
12. Electronic signature. I agree that my electronic signature and electronic acceptance of this waiver have the same effect as a handwritten signature.
13. Agreement. I AGREE AND ACCEPT the terms of this waiver. This waiver, together with the Tahoe Skibikes Rental Agreement (including its Security Deposit Terms and Cancellation Policy), is the FINAL AND ENTIRE AGREEMENT between me and Tahoe Skibikes for this rental. If the Rental Agreement and this waiver conflict on risk, release or liability, this waiver controls.