Susie's Mopeds Rentals
(Island Wheels, LLC)
125 Nichols St. Friday Harbor WA, 98250 (360) 378-5244
SCOOT COUPE, MOPED & ELECTRIC BICYCLE:
MOTOR DRIVEN CYCLE RENTAL AGREEMENT
The rental terms and conditions set forth on this agreement shall constitute the full and complete contract between Island Wheels, LLC dba Susie's Moped Rentals, hereinafter called the Lessor or "SMR", and the undersigned, hereinafter called the Lessee, and no other terms or warranties, expressed or implied, shall alter the strict meaning and understanding of this agreement. Should any condition herein be in violation of a statute, such violation shall not invalidate the entire contract but only the portion, which is in violation of the statute. For the consideration set forth above, the lessor agrees to and does herewith provide for the sole and exclusive use of the lessee one (1) SCOOT COUPE, MOPED, FUV, or ELECTRIC BICYCLE -Motor Driven Cycle referred to in the agreement as the vehicle. Lessee agrees that he/she shall hold forever harmless the lessor, it's agents, employees and officers from any and all claims arising out of the rental of this vehicle from any cause whatsoever.
IT IS EXPRESSLY UNDERSTOOD BY AND BETWEEN THE PARTIES TO THIS AGREEMENT THAT:
1. The lessee agrees that the vehicle will not be used or operated by anyone: A) Who has obtained the vehicle by using false or misleading information or B) Who is not capable of safely driving the vehicle due to alcohol, drugs, drowsiness, or otherwise or C) To transport people or property for compensation or D) In any race, training activity, contest or illegal purpose or E) To push or tow any vehicle or object or F) In any abusive or reckless manner or G) On other than regularly maintained roadways or H) By anyone who has not registered with SMR to operate the vehicle; and
2. The lessee agrees that he/she is fully responsible for all loss if the vehicle is lost, stolen or destroyed. In the event of a lost, stolen or destroyed vehicle, lessee will pay the full value of such lost, stolen or destroyed vehicle, which the lessee agrees is seven thousand five hundred dollars ($7,500) for the Scoot Coupe, eighteen thousand dollars ($18,000) for the FUV, and one thousand nine hundred dollars ($1,900) for the moped or electric bicycle.
3. Lessee agrees to pay for any and all damaged or missing parts or components of the vehicle. Scratched bent cracked or in any way altered parts and/or components will be replaced with new. Charges will include cost of parts labor and sales tax. Charges will be paid for upon return with the credit card used in the deposit. Lessee also assumes liability for and agrees to promptly pay all fines, penalties or forfeitures imposed on lessee or vehicle for traffic, parking, and other violations of law while the vehicle is held used and/or operated by lessee· and
4. Lessee agrees not to take or permit the vehicle to be removed from San Juan Island. Lessee shall not allow more than two persons (including the lessee) on the Scoot Coupe or FUV and one person on the Moped or Electric Bicycle at any time. The lessee must NOT travel over Beaverton Valley Road, over Cady Mountain or any other road as designated as not usable by SMR as indicated on provided map and must also abide by all established traffic regulations established by the State of Washington.
5. Any Scoot Coupe or FUV driver or passenger, or Moped rider must wear a helmet which is provided by the lessor or alternatively their own helmet that must be DOT approved, as well as agree to wear any seat belt provided. Bicycle helmets will be provided for Electric Bicycles; and
6. The lessee has ridden and inspected the vehicle and agrees that the vehicle is in good mechanical condition and has no damage or defect whatsoever other than what is noted hereon; and
7. Improper use of the vehicle, as determined solely by the lessor or any agent of the lessor, shall result in immediate confiscation of the same. There shall be no refund of any monies paid in the event of the lessors confiscation of the vehicle and there will be no refund given for any reason whatsoever (weather, personal injury, etc.); and
8. The lessee warrants that he/she has read the safety tips provided by SMR and agrees to participate in the Scoot Coupe, FUV, moped or electric bicycle training procedure; and
9. Lessee agrees to return the Scoot Coupe, FUV, Moped, or Electric Bicycle by designated closing time to avoid the $30 per 30 minute inconvenience fee; and
10. Lessee will return the Scoot Coupe, Tracker, or Moped with a full tank of premium gas or will be charged the rate posted.
11. Failure to abide by any of the above rental terms and conditions will result in a $500 fortieture charged to credit card on file.
12. NO ONE WAY RENTALS. Failure to return equipment to originating rental location will result in additional charges equal to the daily rental rate per unit plus, $100 transportation fee (per unit) to originating rental location.
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Island Wheels, LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "WHEELS"), I hereby agree to release, indemnify, and discharge WHEELS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in Motorized Scooter, FUV, Electric Bike, Moped activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: accidents involving other scooters; collision with fixed or movable objects; injuries or accidents involving contact with the scooter; falls; the negligence of other operators of motor scooters, myself; or other persons who may be present; musculoskeletal injuries including head, neck, and back injuries; transmissible pathogen or disease ; exhaustion; equipment failure; my own physical condition, and the physical exertion associated with this activity.
Furthermore, WHEELS personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WHEELS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of WHEELS’s equipment or facilities, including any such claims which allege negligent acts or omissions of WHEELS.
4. Should WHEELS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against WHEELS, I agree to do so solely in the state of Washington, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WHEELS on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at WHEELS.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Sun May 19, 2024
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of minor(s) identified below being permitted by
SMR to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SMR from any and all claims which are brought by, or on behalf of Minor(s), and which are in any way connected with such use or participation by Minor.