Rental Waiver Terms
1. Acknowledgement of Risks
The Hirer acknowledges that the use of hired equipment—including but not limited to bicycles, electric bicycles (e-bikes), helmets, bike travel bags, knee pads, elbow pads, gloves, and accessories—entails inherent risks. These risks include injury, death, property damage, mechanical failure, or accident due to terrain, weather, traffic, or user error.
The Hirer voluntarily assumes all such risks associated with the use or handling of the hired items.
2. Electric Bicycles (E-Bikes)
- E-bikes provided by the Provider comply with Western Australian law, meaning they are limited 250W (pedal-assist up to 25 km/h) under national standards.
- E-bike users must be at least 16 years old, as required by WA traffic laws. The Hirer confirms that any person riding an e-bike is 16 years of age or older.
- The Hirer agrees to operate e-bikes responsibly and in accordance with all road safety laws.
- The Hirer acknowledges that e-bikes have additional operating risks due to increased speed and weight, and agrees to take extra care when riding.
3. Release of Liability
To the extent permitted by law, the Hirer releases and discharges the Provider from all liability for personal injury, death, property damage, or financial loss resulting from the use of any hired equipment, including bicycles and e-bikes.
This clause does not limit rights under the Competition and Consumer Act 2010 (Cth) or the Fair Trading Act 2010 (WA) that cannot legally be excluded.
4. Indemnity
The Hirer agrees to indemnify and hold the Provider harmless against any claims, damages, losses, or legal costs resulting from misuse of the hired items, breach of this Agreement, or injury caused to third parties during the hire period.
5. Condition of Equipment
- The Hirer must inspect all equipment upon collection and notify the Provider of any existing damage or concerns before use.
- The Hirer agrees to return equipment in the same condition (fair wear and tear excepted).
- Damage due to misuse, neglect, or accident may result in repair or replacement charges.
6. Use and Safety Obligations
- Helmets must be worn at all times while riding, as required under WA law.
- Riders must obey all road rules, and must not use equipment under the influence of alcohol, drugs, or medications that impair ability.
- Equipment must only be used for its intended purpose.
7. Age and Supervision Requirements
- Minimum age to hire any equipment is 18 years, or a parent/legal guardian must sign on behalf of a minor.
- Riders of electric bicycles must be 16 years or older.
- All minors must be supervised by a responsible adult.
8. Security, Loss, and Damage
- The Hirer is responsible for loss, theft, or damage to the hired items during the rental period.
- Replacement charges may apply for lost or irreparably damaged items.
- Late returns may incur additional fees.
9. Hire Period and Ownership
- All equipment remains the property of the Provider.
- Equipment must be returned by the agreed date and time to avoid late fees.
10. Governing Law
This Agreement is governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of WA courts for any disputes arising out of this Agreement.
11. Declaration
I confirm that I have read and understood this waiver. I accept all associated risks and responsibilities related to the use of the hired equipment, including bicycles and e-bikes. I agree to return all equipment in good condition and comply with all applicable laws.