The eBike Butler rents ebikes to its clients on the following terms:
Obligations of Clients
It is the client’s responsibility to:
- Know how to operate an eBike.
- Operate the ebike in a manner appropriate to prevailing road and weather conditions
- Wear a helmet at all times whilst riding the ebike
- Know the relevant rules of the road and practice safe cycling
- Know how to operate an ebike
Theft of and damage to rental bikes:
Except as otherwise specifically provided for in this clause, the Client agrees to be solely responsible for the safe care, custody and operation of the rental bike and will indemnity and hold harmless (“Indemnity”) The eBike Butler for:
- Any damage to and the costs associated with repairing the rental eBike fair wear and tear excepted (including but not limited to all labour, replacement parts, repainting and any other work necessary to restore the Rental eBike to as new condition) during the rental period, whether or not caused by the client, to the maximum of the market value of the rental ebike as reasonably determined by The eBike Butler.
- In the event of theft, the rental ebike being un-repairable, or the anticipated costs associated with repair exceeding the market value (as reasonably determined by The eBike Butler), the market value of the rental ebike as reasonably determined by The eBike Butler.
The indemnity will not apply where:
- The client has elected to choose and pay the full coverage option and in that event The eBike Butler agrees to release the client from any responsibility for any liability for damage to or theft of.
Clients acknowledge and agree that The eBike Butler has no control over the operation of the rental ebikes by clients. The e Bike Butler assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of;
- any wrongful, negligent or accidental acts or omissions on the part of the Client or the Client’s agents;
- any defect in or failure of any vehicle, equipment or instrumentality owned, operated or otherwise used by the client
- any wrongful or negligent acts or omissions on the part of any other party not under the control, direct or otherwise, of The eBike Butler.
Clients hereby release The eBike Butler and its agents and employees from and against any and all liability arising during the rental period. Clients acknowledges that they’re aware of the risks involved with cycling including but not limited to physical exertion, forces of nature, accidents, travel via any mode of transport, adequacy of medical facilities, or negligence (other than wilful or fraudulent) on the part of employees, agents or others of The eBike Butler.
Clients agree to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake. Clients agree that the terms herein are binding on them, their family members, heirs, successors, assigns, dependents and/or minors accompanying them, and their legal representatives.
Clients acknowledge and agree that The eBike Butler and its agents have the right to refuse participation by any person judged incapable of activities, and for not executing this document or other required documentation. Any dispute arising out of these matters whatsoever, shall be resolved in binding arbitration/adjudication under the laws of the country of Australia. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder.