Drift Bikes confirms that an experienced bike mechanic, prior to renting, reviews each Hire Bike. Each Hire Bike is prepared for rental and supplied to Clients in a properly operating status, and is ready to ride.
For the duration of the hire, Drift Bikes will maintain the Hire Bike in a properly operating status.
Obligations of Clients: It is the Clients responsibility to:
Theft of and Damage to Hire 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 Hire Bike and will indemnify and hold harmless (“Indemnity”) Drift Bikes for:
Any damage to and the costs associated with repairing the Hire Bike fair wear and tear excepted (including but not limited to all labour, replacement parts, repainting and any other work necessary to restore the Hire Bike to as new condition) during the Hire Period, whether or not caused by the Client, to the maximum of the market value of the Hire Bike as reasonably determined by Drift Bikes;
In the event of theft, the Hire Bike being un-repairable, or the anticipated costs associated with repair exceeding the market value (as reasonably determined by Drift Bikes), the market value of the Hire Bike as reasonably determined by Drift Bikes.
Waiver: Clients acknowledge and agree that Drift Bikes maintains no control over the operation of the Hire Bikes by Clients. Drift Bikes 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;
Clients hereby release Drift Bikes and its agents and employees from and against any and all liability arising during the hire period. Clients acknowledge that they are 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 willful or fraudulent) on the part of employees, agents or others of Drift Bikes.
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 Drift Bikes 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.
Cancellation terms: The hire may be canceled up to 7 days prior to the hire period with 10% administrative fee, 90% refundable. Within 7 days of the start of the hire, the full balance is not refundable if canceled.
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