TEXAS 87

E-BICYCLE/BICYCLE RENTAL AGREEMENT, 

RELEASE AND WAIVER

In consideration of being permitted to rent a bicycle or e-bicycle (herein “Bicycle”) from Texas 87 Cycles LLC, a Texas limited liability company (“Company”), the undersigned renter(s) (herein “Renter”) agrees to the terms of this E-Bicycle/Bicycle Rental Agreement, Release and Waiver (“Agreement”), which shall govern the rental of the Bicycle (“Rental”).  The term “Bicycle” shall mean any bicycle, electric-assisted bicycle (“E-bike”), or similar human-powered or motor-assisted vehicle provided by the Company, and shall also include any accessories supplied by the Company to the Renter to for use during the Rental as documented on the rental receipt provided by Company to Renter (“Rental Receipt”), including but not limited to: helmet, bike lock, e-bicycle battery, and light.   

1. Use.  Company offers the Bicycle for Rental to Renter subject to this Agreement. By signing this Agreement and accepting temporary possession of the Bicycle, Renter agrees to be bound by this Agreement and such Agreement becomes binding upon Renter’s signature and acceptance of delivery of the Bicycle. Company offers the Bicycle for Rental to Renter subject to this Agreement and it becomes binding upon Renter’s signature and acceptance of delivery of the Bicycle.

Company grants Renter a limited, temporary right to use the Bicycle solely for ordinary recreational bicycling during the rental period associated with the rental package purchased by Renter (“Rental Period”).  Renter agrees to follow all Texas traffic and safety laws. Company grants Renter a limited, temporary right to use the Bicycle solely for ordinary recreational bicycling during the Rental Period.

2. Payment.  Renter shall provide a valid, government-issued photo ID and valid credit card before the Rental Period begins.  Renter authorizes Company to charge the credit card on file (“Credit Card”) for the charges set forth in this Agreement.  

Renter authorizes Company to charge the Credit Card for all fees and charges under this Agreement, including rental fees, taxes, optional purchases, late fees, recovery and retrieval fees, cleaning fees, repair or replacement costs, and other amounts permitted by this Agreement. 

In lieu of a pre-authorization hold equal to full replacement value, Company will collect a refundable security deposit in the following amounts: (a) $150 deposit for standard beach cruiser bicycles; and (b) $350 deposit for trikes and e-bikes (“Deposit”). Deposits are in addition to rental fees and taxes and will be returned after inspection, less any authorized charges under this Agreement. Renter further authorizes Company to place pre-authorization hold on the Credit Card equal to the total amount due for the Rental Fee, applicable taxes and fees, and full replacement of the Bicycle. If a card charge is disputed or reversed, Renter remains obligated for all amounts due, and Company may charge administrative fees and reasonable collection costs as permitted by law.

3. Acceptance of Condition; No Warranties.  THE BICYCLE IS PROVIDED TO RENTER “AS IS” AND “WITH ALL FAULTS.” COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONDITION, QUALITY, DESIGN, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE BICYCLE(S) OR EQUIPMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RENTER ACKNOWLEDGES THAT RENTER HAS INSPECTED OR HAS HAD THE OPPORTUNITY TO INSPECT THE BICYCLE AND ACCEPTS IT IN IT’S EXISTING CONDITION. If any damage or defects are found by Renter during the inspection, Renter must communicate it to the Company in writing on the Rental Receipt prior to beginning the Rental Period. 

4. Return of Bicycle. Renter agrees to return the Bicycle to Company on or before the expiration of the Rental Period in the same or substantially the same condition as it was in when it was received by Renter, minor reasonable wear and tear excepted.  The Bicycle must be returned to the same location where it was rented to Renter, unless otherwise instructed by Company in writing.  

Renter is responsible for all loss, theft, or damage to the Bicycle and accessories during the Rental Period, regardless of fault. Company may charge the Credit Card for repair, replacement, lost accessories, cleaning, and other applicable fees. Except for damage or defects listed on the Rental Receipt, Renter is responsible for any loss, theft, or damage to the Bicycle during the Rental Period, regardless of fault. Renter authorizes Company to charge the Credit Card for the cost of repair, replacement, lost accessories, cleaning, and any other relevant fees.  

If the Bicycle is not returned within twenty-four (24) hours after the Rental Period ends, the Bicycle will be deemed lost or stolen and Renter shall pay the full replacement cost, which Company is authorized to charge to the Credit Card. For reference, the estimated cost to replace a pedal cruiser bicycle is $600. The replacement cost for an E-bike is $2,000.00 and the average cost to replace a Tandem Trike is $2,800.  

5. Repossession.  Company reserves the right to repossess the Bicycle at any time if Company, in Company’s sole discretion, believes Renter is breaching or has breached any term if this Agreement.  Renter agrees to relinquish possession of the Bicycle in such event.  Renter shall still be responsible for all fees incurred under this Agreement.

6. Helmet.  Company will provide a helmet to all Renters. Company will provide disinfected community helmets included in the rental price and will offer new-in-box private helmets for purchase (with an optional buyback program at fifty percent (50%) of purchase price upon return in resalable condition). Renter must acknowledge in writing that a helmet was offered. 

It is strongly recommended for Renters to properly wear a helmet at all times when riding the Bicycle. Renter assumes all risks from not wearing a helmet or other protective equipment.  Renters under the age of 18 years are required to wear a helmet at all times when using the Bicycle.    

7. Locking Requirement.  Renter shall properly secure the Bicycle with the lock provided by the Company.  Renter shall use the lock when parking the equipment and keep the Bicycle near their location. Renter shall not leave the Bicycle unattended at any time unless is properly locked with the lock provided by the Company. Failure to lock may void any theft-loss consideration and will result in liability for loss. 

8. Ride Interruptions or Equipment Issues.  Renter acknowledges that Renter may encounter ride interruptions or equipment issues that interfere with Renter’s ability to use the Bicycle for the duration of the Rental Period (“Interruptions”).  In the event of an Interruption, Renter must notify the Company immediately. Such Interruptions do not entitle Renter to a discount or refund of any fees incurred under this Agreement.  Renter remains responsible for returning the Bicycle on or before the expiration of the Rental Period.  Examples of Interruptions include, but are not limited to:  

1. Battery Depletion (E-Bicycles only).  Company does not guarantee battery life, range, or electronics operation. Renter acknowledges that the battery included with the Bicycle may not stay charged for the duration of the Rental Period. Renter shall notify the Company if the Bicycle battery becomes depleted as soon as reasonably possible.

2. Weather and Environmental Conditions. Renter acknowledges that weather and environmental conditions are unpredictable and may affect the ability to ride safely or ride the Bicycle for the full Rental Period. Company makes no guarantees regarding riding conditions. Renter assumes all risks associated with riding in adverse weather or environmental conditions. 

3. Inoperable Bicycle. Renter acknowledges that the Bicycle may become inoperable during the rental due to battery depletion, mechanical failure, wreck/accident, flat tires, or other issues. 

4. Other Interruptions. Other Interruptions include, but are not limited to: theft, schedule changes, personal emergencies, illness, weather conditions, power outages, Wi-Fi outages, discomforts of nature, pandemic, and/or any Force Majeure Event.  A Force Majeure Event is defined as a condition was beyond Company’s reasonable control, including but not limited to: acts of terrorism, fire, flood, earthquake, hurricane, pandemic, elements of nature or acts of God, riots, civil disorders, war, governmental action or any other such similar cause.

9. GPS. Renter acknowledges that Bicycle may be equipped with GPS or location tracking devices for theft prevention, recovery, fleet management, and operational purposes. Renter consents to such tracking during the Rental Period and understands location data may be shared with law enforcement in the event of theft or non-return.  In the event that the Bicycle is stolen or lost, Renter shall be responsible for the full replacement cost.

10. Riding Area, Transport, and Supported Use. Renter may ride anywhere and may transport Bicycles by vehicle, subject to this Agreement. 

1. Defined Service Area. Company will, within a defined service area on the Galveston seawall corridor, offer field support consisting of replacement in the field, mobile repair, or retrieval to Company’s facility, with a prorated refund at Company’s discretion. Company’s service area includes: East to West streets from Fort San Jacinto Historic Point to Galveston Seawall at Diamond Beach (approximately a 10-mile linear East-West city grid area) (“Supported Area”). 

2. Outside Supported Area. Rentals taken outside the Supported Area are considered unsupported; breakdowns and any support fees beyond this area will be charged to the Renter’s Credit Card at Company’s then-current recovery rates.

11. Insurance. Company maintains its own commercial insurance policies; however, Company does not provide or sell personal injury insurance to Renter, and any renter-purchased policy available from third parties may cover only damage to Company’s equipment and not personal injury. RENTER IS SOLELY RESPONSIBLE FOR OBTAINING ANY PERSONAL MEDICAL, ACCIDENT, OR TRAVEL INSURANCE FOR RENTER’S OWN BENEFIT.

12. Restrictions on Use.  Renter is prohibited from doing any of the following:

1. Operating the Bicycle while under the influence of alcohol, drugs or any other substance that could impair judgement, coordination or reaction time;

2. Carrying passengers other than Renter on or with the Bicycle;

3. Allowing any other individual or pet to ride or use the Bicycle;

4. Using the Bicycle for any illegal activities; 

5. Installing or making any modifications to the Bicycle; 

6. Making repairs to the Bicycle;

7. Towing or pulling any person, pet or object with the Bicycle; 

8. Conducting business activities with the Bicycle;

9. Participating in a race, test or contest with the Bicycle;

10. Riding in water, on sand or on unpaved surfaces, 

11. Perform tricks or stunts while riding the Bicycle;  and/or

12. Leave the Bicycle unattended without locking it using the provided lock.

13. Acknowledgement of Risk. Renter acknowledges that operating the Bicycle involves inherent risks which may result in damage to property, loss of property, bodily injury, illness, disability, and/or death.  Renter acknowledges that such risks include but are not limited to: (a) falls; (b) collisions; (c) road or other terrain hazards; (d) exposure to weather conditions; (e) equipment failure; (f) operator error; (g) dizziness and loss of balance; (h) fatigue; (i) rapid or uncontrolled acceleration or deceleration; (j) exposure to wildlife; (k) exposure to other people; (l) exposure to bodies of water; and/or (m) any other dangers or hazards not specifically listed herein.  

14. Assumption of Risk. To the maximum extent permitted under applicable law, Renter knowingly, voluntarily and fully assumes all risks associated with the Rental of the Bicycle, both known and unknown, even if those risks arise from the conduct, negligence or gross negligence of the Released Parties (as defined herein below) or others and/or defects in the Bicycle or otherwise. 

15. Assumption of Medical Responsibility. Renter represents and warrants that there are no reasons, health related or otherwise, that preclude or restrict Renter from participating in the Rental. Renter assumes all risk and responsibility for Renter’s medical needs which should arise during Rental and/or in connection with the Rental. Renter acknowledges that the Company is not responsible for arranging or providing medical care to Renter.  

16. Release, Waiver, and Indemnification Renter hereby voluntarily and irrevocably releases, and agrees to indemnify and hold the Company and the Company’s principals, agents, employees, and assigns (collectively “Released Parties”), harmless from and against any and all claims, demands, causes of action, losses (whether economic or non-economic), damages, including attorney’s fees, and expenses, costs or liabilities of any nature whatsoever resulting from, arising out of, incidental to, or in any way resulting from the Rental, Renter’s use of the Bicycle, and/or Renter’s breach of this Agreement, whether or not caused by the Released Party’s conduct, negligence, or gross negligence. 

17. Other Costs.  Renter shall be responsible for payment of any and all parking tickets, fines, assessments, costs or otherwise incurred or imposed in connection with Renter’s use of the Bicycle and/or Renter’s breach of this Agreement, whether or not caused by the Released Party’s conduct, negligence, or gross negligence. 

Renter shall be responsible for payment of all costs incurred by Company to enforce this Agreement, including but not limited to reasonable attorney’s fees, court costs, and collection expenses.

If Renter fails to pay any amount due hereunder before it is due, then Renter shall pay a late charge of the greater of $5.00 or 1.5% of the unpaid balance per month, subject to applicable law.

If Renter pays any amount due hereunder with a check and such check is not honored by a financial institution, then Renter shall pay to Company a fee of $25.00 per returned check.

18. Authority. Renter warrants and represents that Renter is duly authorized to sign this Agreement on behalf of Renter and bind Renter to the Agreement.  If Renter is a minor or legally incapacitated, then the party who signs on behalf of Renter below warrants and represents that such party is the minor’s parent or legal guardian and is duly authorized to sign this Agreement on behalf of such minor Renter. Such parent or legal guardian, by their signature below, agrees to be fully responsible for all fees, charges, loss, damage, and/or injury caused by or arising from the minor’s use of the Bicycle and agrees to indemnify and hold harmless Company from any and against any and all claims, demands, causes of action, losses (whether economic or non-economic), damages, including attorney’s fees, and expenses, costs or liabilities of any nature whatsoever resulting from, arising out of, incidental to, or in any way resulting from the minor’s use of the Bicycle.

19. Illegalities; Waiver. In the event that any provision contained in this Agreement shall be determined to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and the remaining provisions of this Agreement shall not, at the election of the party for whose benefit the provision exists, be in any way impaired. Failure to insist upon strict compliance with any of the terms or conditions of this Agreement shall not be deemed a waiver of that term or condition or any other term or condition of this Agreement.

20. Governing Law, Venue. This rental agreement shall be governed by the laws of the State of Texas. The venue for the resolution of any dispute under this Lease shall be a court of competent jurisdiction in Galveston County, Texas. 

21. Voluntary Agreement.  Renter warrants and represents that this Agreement is signed voluntarily.  Renter understands that Renter’s execution of this Agreement is a material inducement for Renter’s Rental. Renter agrees that their participation in the Rental is and they have the right not to participate in the Rental if Renter does not agree with this Agreement.  Renter acknowledges and agrees that Renter was given reasonable opportunity to review this Agreement, individually and with legal counsel, if desired.

This Agreement shall be effective as of the date the Agreement is executed. This Agreement must be executed by every individual Renter. In the event that an individual is under the age of 18 years old, then their parent or legal guardian must execute this Agreement on their behalf.

By signing below, I, Renter, agree to this Agreement. 

__________________________

Printed name: _____________________ 

__________________________

Printed name: _____________________ 

Children under the age of 18:

Name of child:  __________________________ Age: ________

__________________________

Signature of person authorized to sign this Agreement on behalf of the child

Printed name: _____________________ 

Name of child:  __________________________ Age: ________

__________________________

Signature of person authorized to sign this Agreement on behalf of the child

Printed name: _____________________