About EBike Leadville
E-Bike Leadville opened in 2021 and is owned by Megan & Ted Green who live in Leadville with their 3 kids.
As outdoor enthusiasts, Ted & Megan like to share the beauty of their surroundings with everyone. Sitting at 10,200 feet, elevation in Leadville can quickly end any sight seeing tour. With the assistance of an e-Bike, you and your entire group will be able to comfortably enjoy the serene beauty of Leadville.
As the premier e-Bike rental company in Leadville, we look forward to leveling the playing field and making the beauty of Leadville more accessible to all.
Rental, Waiver and Release of Liability, Assumption of risk, Indemnification Agreement
This E-Bicycle Rental, Release Of Liability, Waiver Of Claims, Assumption Of Risks And Indemnity Agreement (“Agreement”) contains the Terms and Conditions for your electric bicycle rental. This Agreement is between the bicycle renter (“Renter”) and E-BIKE LEADVILLE LLC (“E-BIKE LEADVILLE”) and covers the rental of the electric bicycle and any related equipment and accessories such as tires, lights, rack, lock, helmet, safety gear, and related miscellaneous gear (“Bicycle”).
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From the time identified on this Agreement until the Bicycle is returned, Renter agrees to pay the hourly, daily or multi-day rates as agreed upon reservation. The minimum charge is one hour. Renter agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges. Renter also agrees to pay a reasonable fee for cleaning the Bicycle if the Bicycle is returned with excessive stains, dirt or debris attributable to Renter’s use.
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If Renter’s plans change prior to 24 hours of scheduled reservation, Renter’s reservation can be rescheduled, subject to availability, or E-BIKE LEADVILLE can issue you a refund. Reservations made within 48 hours of a scheduled event are final and cannot be changed.
No-shows and non-cancelled rentals will be charged for the reservation in full.
Please note that all cancellations must be received via email or phone and confirmed by E-BIKE LEADVILLE via email.Refunds will not be issued for inclement weather. -
Renter understands that Renter must pay in full an amount (to be used against the final bill) equal to the estimated total charge for the Bicycle rental at the rates indicated on the website and confirmed over the phone and via email. E-BIKE LEADVILLE only accepts reservations by credit card. Payment by credit card. Renter authorizes E-BIKE LEADVILLE to charge Renter’s credit card any amounts due from Renter as a result of the Bicycle rental. Cash will be accepted for walk-ups should they occur.
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Renter understands that all charges are not final and are subject to audit of the returned bicycle. Renter specifically agrees and authorizes E-BIKE LEADVILLE to offset any deposit balance available and, to the extent necessary, make any additional charges to Renter’s credit card to cover any loss or damage to the Bike that occurs, not including normal wear and tear.
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Prior to leaving E-BIKE LEADVILLE’S premises, Renter shall be solely responsible for thoroughly inspecting the Bicycle for any pre-existing damage or unsafe condition of the Bicycle. If any such damage or condition exists, Renter must immediately report such damage or condition to E-Bike Leadville and shall not use such Bicycle or remove it from E-BIKE LEADVILLE. Once a Bicycle is removed from E-BIKE LEADVILLE’S premises, Renter is deemed to have accepted the Bicycle as in good, safe and acceptable condition for all purposes.
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Renter agrees to return the Bicycle to E-BIKE LEADVILLE in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by E-BIKE LEADVILLE. Renter understands that there will be no rate change for early return of the Bicycle. Renter agrees to return the Bicycle sooner if so demanded by E-BIKE LEADVILLE. Renter understands that there may be an increased rental rate or special charges, including an additional hour charge of $35.00 per hour, if late, if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.
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Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race or contest, or to be ridden on any non-approved unpaved roads, or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bicycle to be used for an illegal purpose. A violation of this paragraph automatically terminates the rental and makes Renter liable to E-BIKE LEADVILLE for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
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Renter shall pay E-BIKE LEADVILLE for all losses and/or damage to the Bicycle, including theft or vandalism, regardless of fault. If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value. If the Bicycle is damaged beyond reasonable repair (as determined by E-BIKE LEADVILLE), renter shall be responsible for the retail fair market value less any salvage value, if applicable. In addition, Renter shall also be responsible for the loss of use, administrative fees, as determined by E-BIKE LEADVILLE or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Renter shall be responsible for paying loss of use at the daily rate for each 24 hours Renter delays in paying the total loss.
Renter is also responsible for any loss if Renter: (1) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) rides recklessly; (3) rides while under the influence of alcohol or drugs, including marijuana; (4) fails to promptly report an accident to the police and E-BIKE LEADVILLE; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for an illegal purpose. Renter authorizes E-BIKE LEADVILLE to collect from a responsible third party any applicable loss and/or damage. In the event E-BIKE LEADVILLE obtains a recovery from a third party after Renter has paid E-BIKE LEADVILLE for all or part of any loss, E-BIKE LEADVILLE will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s’ fees.
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E-BIKE LEADVILLE is not responsible if Renter causes injury to another person or if Renter damages another Bicycle, vehicle or personal property of another. Renter agrees to indemnify and defend E-BIKE LEADVILLE and pay any claim brought by a third party arising out of Renter’s use of the Bicycle and for any liability associated with any personal accident/injury as a result of Renter’s use of the Bicycle.
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I understand that biking requires certain physical strength, balance and coordination and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
I am 16 years of age or older, in sound physical and mental condition, and am able to ride a Bicycle. I can make informed, objective decisions. I currently have no known physical, medical or mental condition which would impair my ability to ride a Bicycle, or else I understand I assume all risks that may be created, directly or indirectly, by any such condition.
I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, short and long-term disability, loss of property, loss of income, and liability I may cause or suffer while riding the Bicycle or else I understand I must solely bear the costs of such injury or damage and all related costs.
I acknowledge that I have been advised that I must wear an approved helmet at all times while riding this bike. I also acknowledge that I will not take the bike off trail as cactus spines found off trail can cause considerable damage to tires. If I ignore this request, I will pay for new tubes and tires. I am aware that electric biking is subject to all applicable municipal and provincial highway traffic regulations. I am familiar with the proper use of the Bicycle. I am aware that there are technicians available, during regular business hours, to answer any questions that I may have as to the proper use of the Bicycle.
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Renter acknowledges that the use of electric bicycles is an inherently dangerous activity, and assumes all risks, including death or serious bodily injury, which may result from the operation of the Bicycle, weather, altitude, accidents, etc. Renter acknowledges all the risks of operating a Bicycle on streets, roads, bike paths, bike lanes, and in traffic, including but not limited to, the risks of serious bodily injury or death from falling off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, Bicycle malfunctions, and hazards relating to weather conditions. Despite knowing such risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold E-BIKE LEADVILLE harmless from all claims of injury or damage. Therefore, in consideration for the opportunity to rent a Bicycle from E-BIKE LEADVILLE, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with E-BIKE LEADVILLE. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of E-BIKE LEADVILLE or its officers, employees and agents.
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E-BIKE LEADVILLE is not responsible for personal property left on the Bicycle. Renter agrees to indemnify E-BIKE LEADVILLE in this regard.
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Renter understands that during the Activity Renter may be photographed or videotaped. To the fullest extent allowed by law, Renter waives all rights of publicity or privacy or pre-approval that Renter has for any such likeness of me or use of my name in connection with such likeness, and Renter grants to E-BIKE LEADVILLE and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of Rental, whether in whole or part, in any form, without restrictions, and for any purpose.
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Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify E-BIKE LEADVILLE, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on E-BIKE LEADVILLE’S behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF E-BIKE LEADVILLE), demands for loss, damages, injuries, or any other causes of action relating in any way to my Bicycle rental, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE E-BIKE LEADVILLE OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM E-BIKE LEADVILLE’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against E-BIKE LEADVILLE, I agree to indemnify E-BIKE LEADVILLE and pay all damages, costs, fees, expenses and attorney’s fees incurred by E-BIKE LEADVILLE in defending such a lawsuit or such claims. In no event will E-BIKE LEADVILLE liability to a Renter be greater than the amount of the fees paid by the Renter to E-BIKE LEADVILLE for Bicycle rental, even if the amount of damages suffered by the participant customer may be greater than this amount. Furthermore, in no event will E-BIKE LEADVILLE be liable for any indirect, special, implied, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
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I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Colorado law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
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Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. The prevailing party shall be entitled to recover attorney fees and costs. You may not commence against E-BIKE LEADVILLE or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in E-BIKE LEADVILLE, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and E-BIKE LEADVILLE or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against E-BIKE LEADVILLE may be commenced only in the federal or state courts located in Leadville, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and E-BIKE LEADVILLE, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENATATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
Renter must be 16 years or older. Renters under 18 years old must have parental/guardian consent.