Gulf Shores Bike Rentals And Orange Beach Bike Rentals Equipment Rental User Agreement, Waiver Release of Liability, and Terms And Conditions.

In consideration of the services of Gulf Shores Bike Rentals or Orange Beach Bike Rentals, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "GSOBBR"), requires you (“Participant”) to agree to all terms and conditions in this Equipment Rental User Agreement, Waiver of Liability and Release (“Agreement”).

You should CAREFULLY READ  all terms and conditions before entering into this Agreement.

1.) GENERAL RENTAL AND USE OF BIKE, EBIKE, ESCOOTER, KAYAK, PADDLEBOARD, OR ELECTRIC BOAT.

1.1. Services Provided. “Services” provided by GSOBBR comprise of: (1) Bike (“Bike” or “Bikes”), eBike (“eBike” or “eBikes”), eScooter (“eScooter” or “eScooters”), Kayak ("Kayak" or "Kayaks"), Paddleboard ("Paddleboard" or "Paddleboards"), eBoat ("Electric Boat" or "Electric Boats"); (2) authorized equipment rental pick-up and/or drop-off locations(“Locations”); (3) all related equipment, personnel, and information.

1.2. Participant Is Sole User. GSOBBR expressly agrees to allow Participant to use the Services, and Participant agrees to use the Services, subject to the terms and conditions in this Agreement. GSOBBR and the Participant are the only parties to this Agreement. The Participant is the sole person using the Services and is responsible for complying with all terms and conditions in the Agreement.

1.3. eBike Participant Is 14 Or Older. Participant represents and certifies that Participant is at least 14 years old which is the minimum age required by the State Of Alabama to legally operate an electric bike. If Participant misrepresents his/her age for any or no reason, Participant accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such misrepresentation.

1.4. Participant Is a Competent Operator. Participant represents and certifies that she or he is familiar with operating a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat and is reasonably competent and physically fit to use a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat. By choosing to rent a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat, Participant assumes all responsibilities and risks for any injuries or medical conditions.

1.4.1. Participant is completely and adequately covered by appropriate personal insurance which may include health, life, loss of property, loss of income, and liability, before using the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat. Participant understands that Participant will solely bear the costs of such injury or damage and all related costs.

1.5. Bike, eBike, eScooter, Kayak, Paddleboard or eBoat Is Exclusive Property of GSOBBR. Participant agrees that the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat and any equipment attached thereto, at all times, remain the exclusive property of GSOBBR. Participant will not modify the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat at any time, in any way.

1.6. Bike Operating Hours and Availability. GSOBBR does not guarantee the Services will be available at all times. Access to the Services is conditioned on the availability of a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat at any particular Location. GSOBBR neither represents nor warrants the availability of any Services or any Bike, eBike, eScooter, Kayak, Paddleboard or eBoat at any Location. Participant may reference the GSOBBR website(s) (“Website” at GulfShoresBikeRentals.com or OrangeBeachBikeRentals.com) to view the inventory of Bikes, eBikes, eScooters, Kayaks, Paddleboards or eBoats available at a Location. Rider agrees that GSOBBR may require Participant to return a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat at any time.

1.7. Geographical Limits on Use. Participant agrees to use a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat only in Gulf Shores, Orange Beach, or Gulf State Park & The Backcountry Trail and will not, under any circumstances, remove the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat from these locations.

1.8. Adherence to All Laws. Participant agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat, including all state and local laws, ordinances and regulations pertaining to Bikes, eBikes, eScooters, Kayak, Paddleboard or eBoat in Gulf State Park & The Backcountry Trail, and the State of Alabama.

1.9. Types of Use. Participant agrees not to use the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat for racing, or stunt or trick riding. Participant agrees not to operate and/or use the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat in any location that is prohibited, illegal and/or a nuisance to others. Participant agrees not to use the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat for hire or reward.

1.10. Limits on carrying capacity. Participant agrees not to carry people or animals anywhere on the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat.

1.11. Participant Reporting. Participant must report any accident, crash, damage, personal injury, stolen or lost Bike, eBike, eScooter, Kayak, Paddleboard or eBoat to GSOBBR immediately or as soon as practical thereafter. If a crash involves personal injury, property damage, or stolen rental equipment, Participant must file a report with the Orange Beach or Gulf Shores Police Department or other appropriate police authorities within 24 hours after the incident. Participant agrees she or he is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bike, eBike, eScooter, Kayak, Paddleboard or eBoat. GSOBBR will consider timely reporting of a stolen or lost Bike, eBike, eScooter, Kayak, Paddleboard or eBoat when assessing any cost associated with Participant’s responsibility for the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat.

1.12. Participant Responsibility for Bike, eBike, eScooter, Kayak, Paddleboard or eBoat Use and Damage. Participant agrees to return the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat in the same condition in which it was rented. Participant is not responsible for normal wear and tear. Participant agrees to ensure that the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat is never left unattended when not at an authorized pick-up or drop-off Location. Participant agrees to pay for destruction or loss of Bike, eBike, eScooter, Kayak, Paddleboard or eBoat and for any damage, including labor and replacement parts. If the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat is lost or damaged beyond repair while being operated under Participant’s reservation, regardless of fault or cause, Participant agrees to pay GSOBBR the full replacement value of the equipment. Participant is not responsible for loss of or damage to a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat that has been returned to and properly secured at an authorized pick-up or drop-off Location pursuant to this Agreement.

1.13. Fees and Charges. All fees and charges associated with GSOBBR rentals are posted on the Website and represent the then-current and accurate fees and charges for the Services, and supersede any fees and charges incorporated in this Agreement.

2.) PAYMENT AND FEES

2.1 Rental Charges. Bike, eBike, eScooter, Kayak, Paddleboard or eBoat rental charges are posted at GulfShoresBikeRentals.com and OrangeBeachBikeRentals.com. To avoid overage charges, Participant must return the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat to an authorized Location by quoted end time. The maximum charge per calendar day is based on the quoted price when Bike, eBike, eScooter, Kayak, Paddleboard or eBoat was rented by Participant. GSOBBR will charge the Participant’s credit or debit card the amount of the respective fee in effect on the date of reservation. In addition, a Participant may be charged usage fees as described in this Agreement.

2.2 Maximum Rental Period. A Bike, eBike, eScooter, Kayak, Paddleboard or eBoat may be rented for not more than 30 days. Participant agrees to return the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat to an authorized pick-up or drop-off Location within 30 days after first renting the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat. Participant may then rent again. Participant agrees she or he is solely responsible for the timely return of the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat. Bikes, eBikes, eScooters, Kayaks, Paddleboards or eBoats not returned will be considered lost or stolen, and Participant may be charged up to $10,000.00 and a police report may be filed. Data generated by GSOBBR booking platform is and shall be considered conclusive evidence of the period of a Participant’s use of a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat.

2.3 Promotions and Discounts. Promotions and discounts may only be redeemed in accordance with the terms and conditions of their use.

2.4 Credit and Debit Card Usage. Participant must provide a valid credit or debit card number and any required authorization and authentication information before Participant may use the Services. Participant represents and warrants to GSOBBR that Participant is authorized to use any such card information Participant furnishes to GSOBBR.

2.5 Cancellation Policy. Bookings made within 72 hours of a scheduled event are final and cannot be changed. In addition, no-shows and non-cancelled rentals will be charged for the reservation in full. If reservation is cancelled more than 72 hours before your reservation you will be refunded in full. All cancellations must be received via email or phone and confirmed by GSOBBR in writing via email or text.

3.) RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK

3.1 Releases. In exchange for Participant being allowed to use any of the Services, Participant (acting for Participant and for all of Participant’s family, heirs, agents, affiliates, representatives, successors, and assigns) does hereby fully and forever release and discharge all Released Persons (as further defined) for all Claims (as further defined) that Participant has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. Participant expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of GSOBBR and/or the negligence of others under any legal theory, in consideration for using the Services. “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 legal fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any of the Services or Participant’s use of the Services. “Released Persons” means, collectively, (i) GSOBBR and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) Brian Krstich and all of its directors, employees, agents, representatives, successors, and assigns, (iii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which a pick-up or drop-off Location is located and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.

3.2 Disclaimers. PARTICIPANT ACKNOWLEDGES AND AGREES THAT PARTICIPANT’S USE OF ANY OF THE SERVICES IS AT PARTICIPANT’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO PARTICIPANT’S USE OF ANY OF THE SERVICES, GSOBBR AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND PARTICIPANT RELIES ON THEM SOLELY AT PARTICIPANT’S OWN RISK). GSOBBR AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES. PARTICIPANT ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, AND GSOBBR AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. PARTICIPANT ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO STOLEN OR LOST RENTAL EQUIPMENT.

3.3 Limited Liability. PARTICIPANT ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, GSOBBR AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING ANY CLAIM ARISING OUT OF OR RELATING TO (i) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (ii) PARTICIPANT’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (iii) PARTICIPANT’S BREACH OF THIS AGREEMENT OR PARTICIPANT’S VIOLATION OF ANY LAW, (iv) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY PARTICIPANT,(v) PARTICIPANT’S FAILURE TO WEAR A HELMET WHILE USING A BIKE, EBIKE, OR ESCOOTER (vi) ANY INJURY, DAMAGE, OR COST CAUSED BY PARTICIPANT WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE BIKE, EBIKE, ESCOOTER, KAYAK, PADDLEBOARD OR EBOAT ITSELF, OR (vii) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. PARTICIPANT WAIVES ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, UNDER ANY LEGAL THEORY, EVEN IF GSOBBR OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF GSOBBR AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; IF ANY OF THOSE LAWS APPLY TO PARTICIPANT, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO PARTICIPANT, AND PARTICIPANT MIGHT HAVE ADDITIONAL RIGHTS.

3.4 Participant’s Assumption of Risk. Participant is solely and fully responsible for safely operating the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat at all times. Participant acknowledges and accepts that Bikes, eBikes, eScooters, Kayaks, Paddleboards or eBoats are machines that may malfunction, even if properly maintained, and that such malfunction may cause injury. Participant agrees that riding a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Participant or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Participant agrees that such risks, dangers, and hazards are Participant’s sole responsibility. Participant agrees that if Participant’s use of any of the Services causes any injury or damage to another person or property, Participant may be liable for all resulting injuries, damages, and related costs. By choosing to use a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat, Participant assumes full and complete responsibility for all related risks, dangers, and hazards.

4.) TERM AND TERMINATION

4.1 Term. The term of this Agreement begins when Participant first uses the Services and ends 10 years after Participant’s last use of the Services; provided, however, that Participant’s personal financial responsibility under this Agreement expires one year after Participant's last use of the Services.

4.2 Termination of Rider’s Use of Services. At any time and from time to time, and without Participant’s consent, GSOBBR may unilaterally terminate Participant’s right to use the Services, in GSOBBR sole discretion and without any notice or cause. If Participant’s right to use the Services is terminated by GSOBBR for convenience, Participant shall be entitled to a refund of all charges prepaid by Participant. Participant may terminate Participant’s use of the Services at any time; provided, however, that no refund will be provided by GSOBBR and Participant may still be charged any applicable fees in accordance with this Agreement related to Participant’s use of the Services. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Participant’s right to use any of the Services, regardless of how or by whom the Agreement is terminated.

5.) ADDITIONAL TERMS OF USE

5.1 Safety Check. Before each use of a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat, Participant shall conduct a basic safety inspection of the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat, which includes inspecting: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Participant agrees not to ride the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat if there are any issues apparent to a reasonable and prudent Participant, and to promptly notify GSOBBR customer service to alert GSOBBR of any noted safety issues.

5.2 Helmets & Safety. GSOBBR requires that all Participants wear a helmet approved by Snell, CPSC, ANSI or ASTM that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Participant may need to take additional safety measures or precautions not specifically addressed in this Agreement.

5.3 Bicycle Routes. Participant agrees that GSOBBR does not provide or maintain places to ride Bikes, eBikes, eScooters, Kayak, Paddleboards or eBoats, and that GSOBBR can not guarantee that there will be a safe place to ride a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.

5.4 Prohibited Acts. Participant shall not:

5.4.1. Ride a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat while carrying any briefcase, backpack, bag, or other item if it impedes Participant’s ability to operate a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat safely.

5.4.2. Use any cellular telephone, text messaging device, portable music player, or other device that may distract Participant from safely operating a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat.

5.4.3. Operate a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat while under the influence of any alcohol, drugs, any medication or other substance that may impair Participant’s ability to safely operate a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat.

5.4.4. Carry a second person on a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat.

5.4.5. Leave any Bike, eBike, eScooter, Kayak, Paddleboard or eBoat any place other than an approved pick-up or drop-off Location.

5.4.6. Use any locking mechanism, other than the locking mechanism provided by GSOBBR, to lock a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat.

5.4.7. Violate any applicable federal, state, or local law, ordinance or regulation, including those for bicycle riders or boaters.

5.4.8. Dismantle or modify a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat in any way (this rule does not apply to the use of the seat height adjustment feature on Bikes.)

5.4.9. Exceed the 5 pound maximum weight limit for the front cargo carrier or otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or safe riding impediment.

5.4.10. Operate a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat in weather conditions, including snow, hail, and electrical storms, that make it more dangerous to operate a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat. Participant is advised to adjust riding behavior and braking distance to suit the weather conditions.

5.4.11. Allow others to use a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat that Participant has rented from an authorized pick-up or drop-off location. Participant understands that when Participant removes a Bike, eBike, eScooter, Kayak, Paddleboard or eBoat from an authorized pick-up or drop-off Location, only the Participant may use it.

6.) MISCELLANEOUS

6.1. Confidentiality of Information. Participant’s personally identifiable information held by GSOBBR, including all names, addresses, phone numbers, email addresses, and credit and debit card numbers, will be kept confidential by GSOBBR; provided, however, that (i) GSOBBR may, in its sole discretion, provide the Participant’s name, address, phone number, and other important information to local authorities if there is any accident where a Participant is unable to communicate personal information to such authorities; (ii) GSOBBR will provide all requested information in accordance with applicable law if GSOBBR receives a subpoena from any court; and (iii) GSOBBR may disclose aggregate, non-personally identifiable data about Participants in accordance with applicable law. In addition, GSOBBR may disclose individual data to a third party upon Participant’s express permission and consent.

6.2. Notice. GSOBBR may be contacted by calling or emailing GSOBBR at [email protected] or (251) 210-9037.

6.3. Participation. By participating in or attending any Activities in connection with GSOBBR, PARTICIPANT CONSENTS TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF PARTICIPANT or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.

6.4. Choice of Law. This Agreement is governed by, and must be construed and enforced in accordance with the laws of the State of Alabama, excluding principles of conflicts of laws.

6.5. Dispute Resolution. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable legal fees 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 State of Alabama and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Gulf Shores, Alabama; and (iv) the parties must submit the dispute to mandatory mediation held in the State of Alabama. Every mediation must be completed within six (6) months after the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within this six-month period, the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

6.6. 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.

6.7. 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.

6.8. Modification of Agreement. At any time and from time to time, and without Participant’s consent or advance notice, GSOBBR may unilaterally amend, modify, or change this Agreement, in its sole discretion. Whenever a change is made to this Agreement, GSOBBR will post a notification on the Website. By continuing to use any Services after any amendment, modification, or change, Participant agrees to be bound by all such amendments, modifications, and changes. Participant is responsible for maintaining awareness of all amendments, modifications, and changes to this Agreement and to all fees and charges set forth on the Website.

6.9. 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, but not limited to.” Unless the context otherwise requires, words in the singular or in the plural shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

6.10. Property Left on Bike, eBike, eScooter, Kayak, Paddleboard or eBoat. GSOBBR is not responsible for personal property left on the Bike, eBike, eScooter, Kayak, Paddleboard or eBoat. Participant agrees to indemnify GSOBBR in this regard.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of GSOBBR, Participant hereby agrees to release, indemnify, and discharge GSOBBR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. Participant acknowledges that Participant's participation in Bike, eBike, eScooter, Kayak, Paddleboard or eBoat activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to Participant, to property, or to third parties. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: accidents involving other Bikes, eBikes, eScooters, Kayaks, Paddleboards or eBoats and pedestrians; collision with fixed or movable objects; falls; the negligence of other operators, Participant; or other persons who may be present; pinches, bruises, abrasions, cuts and lacerations; musculoskeletal injuries including head, neck, and back injuries; objects or conditions on the surface that may cause me to fall; transmissible pathogen or disease; exhaustion; equipment failure; my own physical condition, and the physical exertion associated with this activity; collision with fixed or moveable objects or other watercraft; rapidly changing adverse weather and water conditions; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, heat stroke, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life.

Furthermore, GSOBBR 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.

• Participant expressly agrees and promise to accept and assume all of the risks existing in this activity. Participant's participation in this activity is purely voluntary, and Participant elects to participate in spite of the risks. Participant agrees to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity.

• Participant hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless GSOBBR from any and all claims, demands, or causes of action, which are in any way connected with Participant's participation in this activity or Participant's use of GSOBBR’s equipment or facilities, including any such claims which allege negligent acts or omissions of GSOBBR.

• Should GSOBBR or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, Participant agrees to indemnify and hold them harmless for all such fees and costs.

• Participant certifies that Participant has adequate insurance to cover any injury or damage Participant may cause or suffer while participating, or else Participant agrees to bear the costs of such injury or damage myself. Participant further certifies that Participant is willing to assume the risk of any medical or physical condition Participant may have.

• In the event that Participant files a lawsuit against GSOBBR, Participant agrees to do so solely in the state of Alabama, and Participant further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. Participant agrees 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, Participant acknowledges that if anyone is hurt or property is damaged during Participant's participation in this activity, Participant may be found by a court of law to have waived Participant's right to maintain a lawsuit against GSOBBR on the basis of any claim from which Participant has released them herein. Participant also agrees that this document is valid for subsequent visits and participation at GSOBBR. Participant has had sufficient opportunity to read this entire document. Participant has read and understood it, and Participant agrees to be bound by its terms.

PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT

Participant, the undersigned, has been fully warned and advised by GSOBBR, that Participant should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around electric scooters and electric bikes (whether on the premises or off of the GSOBBR’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent Participant's death from occurring as the result of a fall or any other occurrence associated with this activity. Participant understands that by not wearing a helmet, Participant will be going against manufacturers’ requirements and putting Participant at an increased risk for injuries, and against the advice of GSOBBR and numerous court cases Participant is refusing this critical safety precaution. Participant also understand that minors are not allowed to refuse protective headgear and Participant cannot sign on their behalf to waive the requirement.

Participant has read the foregoing statement carefully before signing and clearly understands its warning.

PARTICIPANT'S ACCEPTANCE OF AGREEMENT

Participant, as a legal adult of 19 years or older have read this agreement and fully understand its terms, understand that Participant has given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. Participant understands that this is the entire agreement between GSOBBR, its agents or employees, and Participant and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of GSOBBR or by Participant. If any portion of this agreement is unenforceable the remaining portions shall remain in full force and effect. All applicants are subject to acceptance by GSOBBR, upon acceptance of Participant's application, this agreement shall be deemed to have been entered into and to be performed in the United States of America, and shall be construed according to the laws of the state in which the rental / or tour ride occurs in.