Big Boy Toys Rental Agreement, Waiver of Liability and Release
Big Boy Toys Rental Agreement, Waiver of Liability and Release
Effective: April 1, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THESERVICE.
Big Boy Toys requires that You ("Rider," "You," or "Your") (acting for all of Rider's family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Big Boy Toys Scooter Rental Agreement, Waiver of Liability, and Release ("Agreement").
The services provided by Big Boy Toys include Big Boy Toys Electric Scooters ("Vehicle" or "Vehicles"), (3) discretionary charging of the Vehicle by Rider per Section 1.15 below, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by Big Boy Toys (collectively, the "Big Boy Toys Services").
You expressly agreed to when you signed up for Big Boy Toys, You should CAREFULLY READ all terms and conditions before entering into this Agreement, but here is a partial list of some of the terms that Big Boy Toys wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalised terms have the meanings given to them where defined in this Agreement.
THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW Upon conclusion of Your ride, the Vehicle must be returned to The Matrix at West Shore Centre, West Bay Road, Seven Mile Beach, Grand Cayman, Cayman Islands. Failure to not return your Vehicle to our office by the time your rental period expires will automatically incur late fees for the additional time that your scooter remains un-returned. If the scooter is not returned, your card will be charged for the replacement cost of the scooter, including shipping, port and customs charges.
All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed.
You must immediately report any damaged or malfunctioning Vehicles to Big Boy Toys via the phone (1-345-322-2222 ”) or via e-mail.
Big Boy Toys expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein.Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Cayman Islands Dollars (CI$)
1.1 Rider is Sole User. Big Boy Toys and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when collect your Vehicle from our location at The Matrix, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.
1.2 Rider is At Least 18 Years Old. Rider represents and certifies that Rider is at least 18 years old. If the rider is Youth that is 16 years old or 17 years old, Big Boy Toys will rent to the Parent or Legal Guardian of the Youth who will take full responsibility for the safety of the Youth, of Big Boy Toys property, and that the Youth will operate this Vehicle in the proper guardianship and physical presence of the Sole User who signed this agreement. The Sole User also confirms that the Youth must obey the Vehicle in a safe manor and not in a way that is not a danger to him/herself and others.
1.3 Rider is a Competent Vehicle Operator. Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behaviour and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4 Vehicle is the Exclusive Property of Big Boy Toys. Rider agrees that the Vehicle and any Big Boy Toys equipment attached thereto, at all times, remain the exclusive property of Big Boy Toys. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Big Boy Toys equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Big Boy Toys’ equipment, for any advertising or other commercial purpose without the express written permission of Big Boy Toys.
1.5 Vehicle Operating Hours and Vehicle Availability. Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. The number of Vehicles are limited and Vehicle availability is never guaranteed.
1.6 Vehicle May be Used and/or Operated only in Areas on Grand Cayman which are both paved with asphalt, concrete or unground bricks suitable for electric scooter. Rider agrees to only use, operate, and/or ride the Vehicle on terrain that is suitable for these Vehicles, but to operate them in a way to avoid large bumps, potholes, rocks, and other inherent obstacles while on the roadways / sidewalks. The Vehicle must never be used to “curb jump” or any other form of stunt manurers which will cause undue stress and damage to the Vehicle.
1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle. Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider also agrees to act with courtesy and respect toward others while using the Big Boy Toys Services.
1.8 Prohibited Acts. Rider agrees to the following: Big Boy Toys recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, Big Boy Toys recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.
You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.
While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate aVehicle safely.
You must not carry a second person or child on a Vehicle.
You may only use locking mechanisms provided by Big Boy Toys. You may not add another lock to the Vehicle or lock a Vehicle to anything.
The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorised private property, in a locked area, or in any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.
The Vehicle must be parked in a space that is visible.
1.9 Vehicle is Intended for Only Limited Types of Use. Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
1.10 Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle (115 kilos / 250 lbs.).
1.11 No Tampering. You must not tamper with, attempt to gain unauthorised access to, or otherwise use the Big Boy Toys Services other than as specified in this Agreement.
1.12 Reporting of Damage or Crashes. Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to Big Boy Toys as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT
1.13 Rider Responsibility for Vehicle Use and Damage. Rider agrees to return the Vehicle to Big Boy Toys in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.
1.14 Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle will be fully charged at the time of rental.
The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
It is Rider's responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.
The Vehicle may run out of charging power and cease to operate at any time during Rider's rental of the Vehicle, including before reaching Rider's desired destination.
1.15 Charging of Vehicle. If the Vehicle is rented for more than one full day, Big Boy Toys will provide a charging cable to the Rider to be used to recharge the Vehicle every two day or as needed. The Rider may charge the Vehicle only by plugging the charging cord provided by Big Boy Toys into an outlet that may be lawfully used for such purpose.
Consistent with Section 1.15, Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney's fees, judgments, suits, or disbursements of any kind or nature whatsoever related to charging of the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that Big Boy Toys and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
2. Payment and Fees.
2.1 Fees. Rider may use the Vehicle on a pre-paid time duration of rental agreement. Big Boy Toys will charge the Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.
2.2 Rental Deposit. All Vehicles are subject to a security/damage deposit of $750 to ensure again potential damage, late charges or non-return of the scooter to The Matrix location. This security deposit will be returned to the customer within 7-10 business days in the event the Vehicle has been returned in proper condition, along with the helmet and charging cable (if provided) and gone through a successful Vehicle check-in upon return.
2.3 Maximum Rental Time and Charges. Maximum rental time is 28 days. Vehicles not returned to The Matrix at West Shore Centre within 48 hours from the pre-determined Vehicle rental return date will be considered lost or stolen, and Rider may be charged up to $750 and a police report may be filed. Big Boy Toys may also charge a service fee of $25 for rentals in excess of 24 hours where the Vehicle is not lost or stolen.
2.4 Valid Credit Card or Debit Card. To be rent the Vehicle with Big Boy Toys Services, Rider must provide Big Boy Toys with a valid credit or debit card number and expiration date. Rider represents and warrants to Big Boy Toys that Rider is authorised to use any credit or debit card Rider furnishes to Big Boy Toys. Rider authorises Big Boy Toys to charge the card for all fees incurred by Rider. If Rider disputes any charge on Rider's credit or debit card account, then Rider must contact Big Boy Toys within 10 business days from the end of the month with the disputed charge, and provide to Big Boy Toys all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. Rider agrees to immediately inform Big Boy Toys of all changes relating to the card.
2.5 Pick Up Fees. If You are unable to return a Vehicle to a The Matrix and request that the Vehicle be picked up by Big Boy Toys staff, Big Boy Toys, at its sole discretion, may choose to charge You a pick-up fee up to $100. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge ($100) to recover the Vehicle. Fees are subject to change. In the event that the Vehicle, when picked up, is found damaged and not in good condition as per the condition at the beginning of the rental agreement Check-out Vehicle Review, then additional repair / replacement charges will be applied against the Vehicle security deposit.
3.1 Safety Check. Before each use of a Vehicle, Big Boy Toys and the Rider shall jointly conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert Big Boy Toys of any problems.
3.2 Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours, (b) the Vehicle's GPS unit is disabled, (c) the Vehicle is left parked on unauthorised private property and locked down or removed by the property owner/manager (d) other facts and circumstances that suggest to Big Boy Toys in its reasonable, good faith determination that a Vehicle has been lost or stolen. Big Boy Toys and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to Big Boy Toys in its reasonable, good faith determination. If Big Boy Toys deems a Vehicle lost or stolen, Big Boy Toys shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by Big Boy Toys’ computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to Big Boy Toys immediately or as soon as possible.
3.3 Helmets; Safety. Big Boy Toys recommends that all Riders wear a safety approved helmet that has been properly sized, fitted and fastened according to the manufacturer's instructions. Big Boy Toys and all other Released Persons (defined below in Section 15) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the Big Boy Toys Services, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
3.4 Vehicle Routes. Rider agrees that Big Boy Toys does not provide or maintain places to ride Vehicles, and that Big Boy Toys does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.
3.5 Limitations on Vehicle Rental. Rider agrees that Big Boy Toys is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Big Boy Toys provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
3.6 Limitations on Availability of Big Boy Toys Services. Big Boy Toys makes every effort to provide Big Boy Toys Services 365 days per year, but does not guarantee that Big Boy Toys Services will be available at all times, as unforeseen events or other circumstances might prevent Big Boy Toys from providing the Big Boy Toys Services. Access to Big Boy Toys Services is also conditioned on the availability of Vehicles. Big Boy Toys does not represent or warrant the availability of any of Big Boy Toys Services or the availability of any Vehicle at any time. Rider agrees that Big Boy Toys may require Rider to return a Vehicle at any time.
4.1 Termination by Big Boy Toys. At any time and from time to time, and without Rider's consent, Big Boy Toys may unilaterally terminate Rider's right to use the Big Boy Toys Services, in Big Boy Toys' sole discretion and without any notice or cause. Rider may terminate Rider's use of the Big Boy Toys Services at any time; provided, however, that (i) no refund will be provided by Big Boy Toys, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider's right to use any of the Big Boy Toys Services, regardless of how theAgreement is terminated.
5. Confidentiality of Information; Privacy Policies.
6. License to Image and Likeness.
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Big Boy Toys and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Big Boy Toys Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Big Boy Toys and its affiliates, successors, and assigns (a) the right to photograph, videotape, andotherwise record Your appearance and voice related to Your use of the Big Boy Toys Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Big Boy Toys may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
Big Boy Toys may be contacted by emailing [email protected]
8. Choice of Law; Dispute Resolution.
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Cayma Islands, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable legal fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the Cayman Islands and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in the Cayman Islands.
9. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1 Initial Dispute Resolution. Rider Support is available via the app to address any concerns you may have regarding your use of a Vehicle and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.
9.2 Binding Arbitration. If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use and rental of a Vehicle, this Agreement, and the parties' relationship with each other shall be finally settled by binding arbitration by a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.The arbitrator, and not any local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, orwhether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in the court of competent jurisdiction in the Cayman Islands.
9.3 Location. The arbitration will take place in the United Kingdom or a mutually agreed upon location.
9.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BIG BOY TOYS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
9.5 Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
10. Waiver and Severability.
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
11. Cumulative Remedies.
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
12. Final Agreement; Modification by Big Boy Toys.
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider's consent, Big Boy Toys may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Big Boy Toys Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Big Boy Toys will post a notification on the Website. .
13. Contract Interpretation.
The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not to be exclusive in its meaning. "Including" means "including, butnot limited to." Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
14. Voluntary Execution of this Agreement.
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Big Boy Toys. Rideracknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
15. Releases; Disclaimers; Assumption of Risk.
In exchange for Rider being allowed to use Big Boy Toys Services, Vehicles, and other equipment or related information provided by Big Boy Toys, Rider agrees to fully release, indemnify, and hold harmless Big Boy Toys and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide Big Boy Toys Services, and every sponsor of any of the Big Boy Toys Services and all of the sponsor's owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the "Released Persons") from liability for all "Claims" arising out of or in any way related to Rider's use of the Big Boy Toys Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons' alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons' gross negligence or wilful misconduct. Such released are intended to be general and complete releases of all Claims.
"Claims" means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney's fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Big Boy Toys Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Rider's use of any of the foregoing.
To the fullest extent permitted by law, and as to Rider's use of any of the Big Boy Toys Services, Vehicles, or related equipment, Big Boy Toys and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Big Boy Toys Services, Vehicles, and related equipment are provided "as is" and "as available," and Rider relies on them at Rider's own risk.
Rider is aware that Rider's use of any of the Big Boy Toys Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
vehicles and other objects;pedestrians;traffic;Vehicle or component malfunction;road conditions;weather conditions;failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;commission of any of the prohibited acts listed in Section 1.8;failure to perform the required safety check pursuant to Section 3.1;failure to wear a helmet where required by law; andnegligent acts or omissions by Big Boy Toys, any other Released Person, Rider, or third party.
Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Big Boy Toys, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favour at the time of use of Big Boy Toys Services, and expressly waives Rider's rights under any statutes that purport to preserve Rider's unknown claims.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions of Section 15 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.
I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride a Big Boy Toys with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
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Document Name: Big Boy Toys Rental Agreement, Waiver of Liability and Release
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