Rental Agreement

(This is a legally binding Agreement. You must Read Carefully and E-Sign prior to, and as a condition of, operating Tradition E-Bikes)

NO E-BIKE SHALL BE TAKEN OR OPERATED OUTSIDE THE BOUNDARIES OF THE TRADITION COMMUNITIES

THIS AGREEMENT IS INTENDED TO BE A LEGALLY BINDING AGREEMENT by and between Tradition Community Development District No. 1 (“Tradition”), a governmental entity and special taxing district formed pursuant to Florida Statutes Chapters 189 and 190, and the authorized E-Bike User identified below (“User”), together with any “additional users”, as defined below. WHEREAS, Tradition owns certain electric bicycles (“E-Bikes”) manufactured by ACTON and maintained by an independent contractor. The E-Bikes have been purchased by Tradition in order to be made available on a complimentary (no user fee) basis to the property owners (“Users”) within the Tradition communities, and their family members, invitees, guests and third parties, (hereinafter “additional users”) solely at their own risk. NOW, THEREFORE, in consideration of the entrustment of the use of the E-Bike(s) being made available to the User, who shall have the right to use and operate the E-Bike(s) during specified time periods, the User, on behalf of himself/herself and on behalf of User’s family members, guests, and invitees (“additional users”) who may be using the E-Bike(s) within the Tradition communities, under the account of the User, the undersigned User, and all additional user(s), operating the E-Bike(s) through the online account of the undersigned, and intending to be legally bound by this Agreement, hereby agree as follows:

The User, on behalf of himself/herself, and on behalf of any “additional users” (i.e., those who are authorized by User to use and operate the E-Bike(s), including by and through the on-line registration account of the User), do hereby represent(s), covenant(s) and warrant(s) to Tradition, that the User (and all “additional users” who will be using and operating the E-Bikes under the User’s account), shall, before any such use and operation, become knowledgeable and familiar with such operation and use of the E-Bike(s), and that User, and including any and all such “additional users” under User’s account, shall not operate, or be permitted by User to operate the E-Bike(s) unless and until such persons have become sufficiently knowledgeable, informed and trained in the use and operation of the E-Bikes, prior to such use, in order to assure the safe operation and use of the E-Bike(s). Therefore, as consideration for Tradition making the E-Bikes available to User for their use and operation, User, on behalf of himself/herself, and on behalf of any and all additional users of the E-Bike(s) under User’s account, do each hereby covenant and agree that User, and any additional users through User’s account, shall be experienced and familiar with the operation of the E-Bikes and shall be solely and exclusively, legally responsible and shall be liable for any and all damages or injuries (including, but not limited to, bodily injury, property damage and death) which may be incurred by or which may be caused by the User, or by any additional user(s) who have access to the use of the E-Bike(s) under User’s account. It is further acknowledged and agreed that Tradition and its District Manager, agents, employees or representatives shall not have any legal liability or responsibility whatsoever to provide training, instructions, supervision or other information to User or additional users concerning the use and operation of the E-Bikes. It is the sole responsibility of the User, and of any additional user(s), through User’s account, to be or to have become familiar with the requirements and procedures for the operation and use of the E-Bikes, before operating or using same.
WAIVER, RELEASE AND INDEMNITY. ACCORDINGLY, AS CONSIDERATION FOR THE USER (AND INCLUDING ANY ADDITIONAL USERS BY, UNDER OR THROUGH THE ACCOUNT OF THE USER) BEING PERMITTED TO TAKE POSSESSION OF, AND TO USE AND OPERATE THE E-BIKE(S), (AND INCLUDING THE USE OF E-BIKE CHARGING STATIONS AND E-BIKE DOCKING STATIONS), THE USER, AND ANY SUCH ADDITIONAL USERS, DO EACH HEREBY FULLY AND FOREVER RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS TRADITION, AND ALSO SPECIFICALLY INCLUDING ITS OFFICERS, DIRECTORS, TRUSTEES, DISTRICT MANAGER, AGENTS AND EMPLOYEES (ALL OF THE FOREGOING BEING REFERRED TO AS THE “RELEASED AND INDEMNIFIED PARTIES” HEREUNDER), OF AND FROM ANY AND ALL CLAIMS, SUITS, DAMAGES, LIABILITIES AND CAUSES OF ACTION WHICH MAY BE INCURRED BY, OR CLAIMED BY OR IN FAVOR OF, ANY E-BIKE USER, OR BY ANY THIRD PARTIES, WHICH ARISE OUT OF THE OPERATION AND USE OF THE E-BIKE(S) BY ANY USER AND BY ANY ADDITIONAL USER(S) THROUGH THE USER’S ACCOUNT. ALL PERSONS DESCRIBED OR REFERRED TO ABOVE AS “RELEASED AND INDEMNIFIED PARTIES” ARE HEREBY AGREED TO BE INTENDED THIRD PARTY BENEFICIARIES OF THE TERMS AND PROVISIONS OF THIS AGREEMENT, AND ARE FULLY AND LEGALLY AUTHORIZED TO ASSERT SUCH STATUS IN DEFENSE AND DISMISSAL OF ANY CLAIMS, SUITS, LIABILITIES AND DAMAGES ALLEGED AGAINST THEM AND ARISING OUT OF THE USE AND OPERATION OF THE E-BIKES, DOCKING STATIONS AND CHARGING STATIONS.
Disclaimers. The User, on behalf of himself/herself and on behalf of any additional users by or through User’s account, hereby further acknowledge and agree that their use of any and all of the E-Bike(s), related services, charging stations, E-Bike docking stations, and related facilities, shall be at the sole risk of the User and any additional users of the E-Bike(s) through and under User’s account. All such E-Bike(s) and other services, and including any information or materials or services involving the E-Bikes which may be provided to the User, and to any additional users, by Tradition or by any other Released Parties, are also provided on an “AS IS” basis, without any representations or warranties whatsoever; and the User, and any additional users through User’s account, shall use and operate the E-Bike(s) and other related services with the exercise of reasonable and due care at all times and, in a safe and reasonable manner, and solely at their own risk.
Limitation of Liability of Tradition, and Including its Agents, District Manager, Employees, Contractors and other Third Parties. Without, in any way, limiting the terms and provisions set forth in Sections 1, 2 and 3, above, the User, and including all additional users acting with the consent of User or acting under the E-Bike account of User, do hereby acknowledge and agree that Tradition, and also including its officers, directors, agents, District Manager, employees and other representatives of Tradition, are acknowledged and agreed to be acting as “officers, employees or agents” of Tradition, a governmental entity, and, as such, shall not be legally liable or responsible for any claims involving bodily injuries, death, property damages or any and all other claims for damages, whatsoever, which arises out of the operation or use (or misuse) of the E-Bike(s), and including, the E-Bike charging stations and docking stations, pursuant to the terms and provisions of Florida Statutes, Section 768.28(9). The “limitation of liability” provisions of this Section 4 shall also include, but shall not be limited to, any and all claims arising out of or relating to any of the following:
- (a) Any risk, danger or hazard described in this Agreement or coming about as a result of any actions or failure to act, by the User, or any additional users, or of any third party;
- (b) Any User’s, or additional user’s, inability or lack of skill, judgment or training to use and operate any of the services, the E-Bike(s), stations, including the E-Bike charging and docking stations (or related property or services) arising out of the use or operation of the E-Bike(s);
- (c) The breach of this Agreement by the User, or any additional users, or the violation of any law, ordinance, or governmental regulation by the User, or any additional users;
- (d) Any negligence, misconduct or other action, or inaction, by User or any additional users;
- (e) The failure of the User, or any additional user, while using or operating the E-Bike(s) to wear a bicycle helmet or other safety equipment;
- (f) Any negligence, misconduct, or other action or inaction by a third party.
Assumption of Risk. The User, on behalf of himself/herself, and on behalf of any additional user(s) of the E-Bike(s) acting through or under User’s account or authority, and in consideration of the right to have access to and use of the E-Bike(s), do hereby agree to assume any and all risk of bodily injury, personal injury, property damage or death arising out of, or caused by, or resulting from the operation and use of the E-Bike(s) and services, charging stations, E-Bike docking stations, or related facilities.
All of the foregoing terms and provisions of this Agreement, as set forth above, are hereby acknowledged, understood and agreed to by the User, on behalf of himself/herself and, further, on behalf of, and as authorized agent for any additional user(s) of the E-Bike(s) and docking stations and charging locations, who are using the E-Bike(s) under the account of, or with the consent and authority of the User.

DO NOT SIGN OR E-SIGN THIS AGREEMENT UNLESS AND UNTIL YOU HAVE READ IT FULLY AND YOU AGREE WITH, AND CONSENT TO THE TERMS AND PROVISIONS SET FORTH ABOVE.