This E-Bicycle Rental Agreement (“Agreement”) contains the Terms and Conditions for your electric bicycle rental. This Agreement is between the bicycle renter (“Renter”) and Snow Canyon Adventures, LLC (DBA as “Snow Canyon eBike Rentals”) and covers the rental of the electric bicycle(s) and any related equipment and accessories such as tires, lights, rack, lock, helmet, and related miscellaneous gear (“Bicycle”).
AGREEMENT
Rental Fees: From the time identified on this Agreement until the Bicycle is returned Renter agrees to pay the daily or multi-day rates as agreed upon reservation. The minimum charge is half a day. Renter agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges.
Credit Reserve and Payment by credit card only: Renter understands that Renter must pay in full an amount (to be used against the final bill) equal to the estimated total charge for the Bicycle rental at the rates indicated on the website or confirmed over the phone or via email. Snow Canyon eBike Rentals only accepts payment by credit card. Renter authorizes Snow Canyon eBike Rentals to charge Renter’s credit card all amounts due from Renter as a result of the Bicycle rental.
Charges for loss and/or damage to the Bicycle: Renter understands that all charges are not final and are subject to audit of the returned bicycle. Renter specifically agrees and authorizes Snow Canyon eBike Rentals to make any charges by credit card if there is damage beyond normal wear and tear.
Bicycle Pickup: Renter understands that Bicycle pickup and orientation is generally scheduled within their designated timeframe on the day of the rental. If the Renter wishes to pick up later or earlier than scheduled, the Renter may coordinate a time with Snow Canyon eBike Rentals to do so.
Bicycle Return: Renter acknowledges that the Bicycle must be returned within the date and timeframe indicated on their confirmation. Renter agrees to return the Bicycle to Snow Canyon eBike Rentals in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by Snow Canyon eBike Rentals. Renter understands that there may be rate or special charges if Renter returns the Bicycle at a different date, or location than indicated on the Reservation Order.
Prohibited Use of the Bicycle: Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race or contest, or to be ridden on any unpaved roads, in dirt or through water, or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bicycle to be used for an illegal purpose. A violation of this paragraph automatically terminates the rental and makes Renter liable to Snow Canyon eBike Rentals for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
Damage to Bicycle: Renter shall pay Snow Canyon eBike Rentals for all losses and/or damage to the Bicycle, including theft or vandalism, regardless of fault. If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value. If the Bicycle is damaged beyond reasonable repair (as determined by Snow Canyon eBike Rentals), renter shall be responsible for the retail fair market value less any salvage value, if applicable. In addition, Renter shall also be responsible for the loss of use, administrative fees, as determined by Snow Canyon eBike Rentals or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Renter shall be responsible for paying loss of use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (1) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) rides recklessly; (3) rides while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and Snow Canyon eBike Rentals; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for an illegal purpose. Renter authorizes Snow Canyon eBike Rentals to collect from a responsible third party any applicable loss and/or damage. In the event Snow Canyon eBike Rentals obtains a recovery from a third party after Renter has paid Snow Canyon eBike Rentals for all or part of any loss, Snow Canyon eBike Rentals will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s’ fees.
Property left on Bicycle: Snow Canyon eBike Rentals is not responsible for personal property left on the Bicycle. Renter agrees to indemnify Snow Canyon eBike Rentals in this regard.
Property damaged while riding Bicycle: Snow Canyon eBike Rentals is not responsible for damage to any personal property of the renter while riding the Bicycle. This also include any items that may fall from the Bicycle such as cell phones, cameras, or other electronic devices.
Dispute Resolution: Except where prohibited, any dispute arising out of or relating to this Agreement shall be commenced only in the federal or state courts located in Washington County, Utah. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and Snow Canyon eBike Rentals, shall be governed by the laws of the state of Utah without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.