eBike TOUR Liability & Damage Release
NYC Adventure Bike Tours LLC Liability & Damage Release
NYC Adventure eBike Tours LLC
Participant Agreement, Liability Waiver & Equipment Rental Terms
This Agreement and Release of Liability (“Agreement”) is entered into on the date signed below by and between NYC Adventure Bike Tours LLC d/b/a NYC Adventure eBike Tours (“NYC eBike Tours”) and the individual signing this Agreement (“Participant”).
By signing this Agreement, Participant acknowledges that they have read, understand, and agree to all terms and conditions contained herein.
1. Assumption of Risk
Participant acknowledges that riding an electric bicycle (“eBike”) and participating in guided tours involves inherent and unavoidable risks, including but not limited to:
Falls from the eBike
Collisions with vehicles, pedestrians, or other cyclists
Road hazards and uneven terrain
Traffic conditions
Weather conditions
Equipment malfunction
These risks may result in serious bodily injury, illness, property damage, paralysis, or death.
Participant voluntarily assumes all risks associated with operating an eBike and participating in a guided tour, whether known or unknown.
2. Equipment Inspection and Responsibility
Participant acknowledges that they have had the opportunity to inspect the eBike and all associated equipment prior to use.
Participant accepts the equipment in good working condition and assumes full responsibility for the equipment from the moment it is issued until it is returned to NYC eBike Tours.
Participant agrees to pay for any damage, loss, or theft of the equipment, excluding normal wear and tear.
If the eBike is lost, stolen, or not returned for any reason, Participant authorizes NYC Adventure eBike Tours LLC to charge up to $2,500 to the credit card on file to cover replacement costs.
NYC Adventure eBike Tours LLC is expressly authorized to charge the credit card on file for any:
damage to equipment
missing equipment
late return fees
cleaning fees
repair costs
3. Participant Eligibility and Health Certification
Participant represents and warrants that they:
Are at least 21 years of age to rent an eBike
Are at least 16 years of age to operate an eBike
Weigh between 100 lbs and 240 lbs
Are in good physical and mental condition
Know how to ride a traditional bicycle
Are capable of safely operating an eBike in public traffic environments
Participants under 18 years old must be accompanied by a parent or legal guardian.
Children 10 years of age or older may ride as passengers on approved shared eBikes with a legal guardian.
Participant further represents that they are not under the influence of alcohol, drugs, or any impairing substance.
4. Compliance with Traffic Laws and Safe Operation
Participant agrees to operate the eBike in compliance with all applicable federal, state, and New York City laws, including all traffic rules and regulations governing bicycles and electric bicycles.
Yield to pedestrians at all times
Obey traffic signals and posted speed limits
Use caution when passing pedestrians and other cyclists
Refrain from using mobile phones while riding
Follow all instructions provided by NYC eBike Tours staff and guides
Failure to follow safety instructions may result in immediate termination of the tour without refund.
NYC eBike Tours reserves the right to terminate a participant’s ride if staff determines continued participation may create a safety risk.
5. Helmet Requirement
Helmets are provided to all participants.
Helmets must be worn at all times while operating an eBike.
Participants are also encouraged to wear protective eyewear.
6. Emergency Medical Authorization
Participant authorizes NYC eBike Tours staff to obtain emergency medical treatment if necessary in the event of injury or illness.
Participant agrees that they are solely responsible for any medical costs incurred.
7. Release of Liability
To the fullest extent permitted by law, Participant releases, waives, and discharges NYC Adventure Bike Tours LLC, including its:
officers
employees
tour guides
contractors
from any and all claims, liabilities, damages, or causes of action arising out of participation in a tour or use of rental equipment.
personal injury
property damage
loss of personal belongings
8. Indemnification
Participant agrees to indemnify and hold harmless NYC Adventure eBike Tours LLC from any claims brought by third parties arising from Participant’s actions while operating the eBike.
This includes but is not limited to claims involving:
pedestrians
motor vehicles
other cyclists
If NYC Adventure eBike Tours LLC is named in a lawsuit due to Participant’s actions, Participant agrees to pay all legal fees, court costs, settlements, and damages.
9. Accident Responsibility
Participant acknowledges that they are solely responsible for the operation of the eBike.
vehicles
property
other riders
Participant accepts full responsibility for any resulting damages, injuries, or claims.
NYC Adventure eBike Tours LLC shall not be held liable for accidents resulting from participant operation of the eBike.
10. Rental Policies and Operational Rules
Participants agree to the following rules:
eBikes may never be left unattended or locked outside.
If an eBike is stolen or not returned, $2,000 will be charged to the credit card on file.
eBikes must be returned at the end of the rental period or additional fees will apply.
Only the person listed on the agreement may operate the eBike.
A $500 credit card deposit per eBike may be required.
Each eBike requires a separate credit card deposit.
A government-issued ID and valid credit card are required. No cash accepted.
Bikes must be returned to the store location unless otherwise authorized.
If an eBike stops functioning, renter must fold the bike and return it via taxi.
Retrieval fee: $150 (Manhattan) / $250 (outside Manhattan).
Flat tire repair fee: $50.
Excessively dirty bikes may incur a $30 cleaning fee.
GPS devices installed on bikes may not be removed or tampered with.
eBikes are for one rider only unless specifically designed otherwise.
eBikes may not be used for deliveries, racing, or competitions.
Renters must carry a working mobile phone during the rental.
An orientation video must be viewed prior to riding.
Rental transactions may be recorded for security purposes.
NYC Adventure eBike Tours LLC is not responsible for lost or stolen personal property.
11. Weather Policy
NYC Adventure eBike Tours does not offer refunds if it rains during the rental period.
If rain occurs before the rental start time, renters may choose:
a full refund, or
credit for a future rental
12. Battery Range Acknowledgement
Battery range depends on rider weight, terrain, wind, and riding style.
Up to 20 miles using throttle only
Up to 40 miles using pedal assist (PAS 1)
If battery power is depleted, Participant is responsible for returning the bike to the shop.
13. Media Release
Participant grants NYC Adventure eBike Tours LLC permission to photograph or record video during tours and to use such media for promotional and marketing purposes without compensation.
14. Governing Law
This Agreement shall be governed by and interpreted under the laws of the State of New York.
Any legal disputes shall be resolved in the courts of New York County, New York.
15. Severability
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Electronic Signature
Participant agrees that electronic signatures and digital acceptance of this agreement are legally binding.
17. Acknowledgement
Have read this Agreement in full
Understand the risks involved
Agree to all terms and conditions
Voluntarily assume all risks associated with operating an eBike