EBike Tours & Rental, Manitou Springs, LLC. Waiver & Release of Liability – This Document Affects Your Legal Rights. You must Read and understand it before agreeing.

I, the above-named person, being of the age of 21 or above, or the parent or legal guardian of the above-named person who is under age 21, (must be 12 years or older to ride) in consideration of the services of Ebike Tours & Rental, LLC. Dba Ebike Tours & Rental, LLC., the rate charged for those services, or the worth of them as freely given, and the right to engage in the Activities as a participant, hereby acknowledge, agree, promise and covenant with Ebike Tours and Rental, LLC. and all persons, entities, employees and agents, on behalf of myself, heirs, assigns, personal representative and next of kin: 1. ACKNOWLEDGEMENT OF RISK: I acknowledge, agree and represent that the lesson and/or tour and related activities (“Activities”) I am about to engage in voluntary, bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical acknowledge that I understand the nature of cycling and related Activities and that I am qualified, in good health, and proper physical condition to participate in such Activities and willingly agree to comply with the state customary terms and conditions of participation. 2. ACCEPTANCE OF RISK AND RESPONSIBILITY: I fully understand that (a) cycling and electric bicycle riding, and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including, but not limited to, permanent disability, paralysis, and death to myself and to other third parties; (b) these risks and dangers many be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the negligence of the “Releasees” named below;(c) there many be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, that of the minor named above, arising from my participation in the Activities. 3. I HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their properties and their property arising from my participation in the Activities and agree not to sue Ebike Tours & Rental, LLC., its instructors, employees, agents, owners, and contractors (each considered one of the “Releasees”) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations: and I further agree that if despite this Release and Waiver of Liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, make a claim against anyone of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. I further understand and agree to fully reimburse Ebike Tours & Rental LLC. for any damage caused to property of Ebike Tours & Rental LLC. as a result of my participation in the Activities. My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks. 4. I AGREE TO ABIDE by Ebike Tours & Rental, LLC.’s policies and agree to comply with all instructions of the guide, instructor or staff in connection with participation in the Activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the Activities without reimbursement or cancelation for fees paid or owed. I understand that the use or possession of drugs or alcohol is strictly prohibited before and during the Activities and will be grounds for immediate removal from the Activities without reimbursement of fees paid or owed. I agree that if in the judgment of my instructor and/or guide, he/she must call for assistance during the trip due to my noncompliance with his/her instructions or Ebike Tours & Rental, LLC.’s policies that I accept responsibility for paying any associated rescue and transportation costs. 5. By participating in or attending any Activities in connection with Ebike Tours & Rental, LLC. I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation copyright, or other ownership right connected to same. 6. MY SIGNATURE BELOW INDICATES THAT I HAVE READ THIS AGREEMENT and fully understand its terms, understand that I have given up substantial rights by signing it and have sighed if freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of and liability to the greatest extent allowed by law. I understand that this is the entire agreement between Ebike Tours & Rental, LLC., its agents or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of Ebike Tours & Rental, LLC. or by me. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. All applicants are subject to acceptance by Ebike Tours & Rental, LLC. Upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed in the United States of America and shall be construed according to the laws of the State of Colorado, which Ebike Tours & Rental, LLC. operates in the business of Electric Bike Tours and Rental.

Terms & Conditions for Renting E-Bikes from E-Bike Tours & Rental: • Riders must where a helmet & be 14 years or older. A parent or guardian must accompany anyone under 21 riding. • Riders must present a valid CC and driver’s license • There is a 275 lb. weight limit for bikes • Riders must pass a safety test in order to qualify for tours or rental of bikes • Parking of Bikes: When parking your bike, you cannot obstruct pedestrian walkways or traffic, as well as street/vehicular traffic – Bike Racks preferred) and that they must be returned to your physical location once the lease has ended. • During the Rental of the E-bike, the customer shall be subject to the City’s regulations & adhere to the Model Traffic Code (Section 10.04 of the Municipal Code governing their use or operation on sidewalks or pedestrian walkways within the City limits of Manitou Springs) no riding on any highways or sidewalks in the City of Manitou Springs or surrounding Cities. • Acceptable Streets in Manitou in which to ride: o Manitou Avenue o El Paso Avenue o Ruxton Avenue o Beckers Lane o Lovers Lane o Canon Avenue o Park Avenue o Old Man’s Trail o Mayfair Avenue o Garden of the God’s Road o Charles Parker Place o Lafayette Road from Lovers Lane to Canon Avenue o Designated portions of the Creek Walk Trail • The customer is fully responsible for the electric bike until the vehicle is returned to E-Bike Tours & Rental. The user is also fully responsible for any damage caused to himself, to the bike, to other parties and property during the bike rental period. The customer cannot make any claim for compensation against E-Bike Tours & Rental. • Each bike is equipped with a lock. If the renter decides to park the bike in any location the lock must be used to secure the bike. In the event of theft of the bike, the renter must file are port to the authorities and provide E-Bike Tours & Rental with a copy of the theft report. The renter will be billed the agreed amount as compensation for the stolen bike. If the bike is found or fully recovered, this sum will be returned to the renter. • The bike must be returned within the time slot indicated in this contract to the same place where it was delivered or an agreed upon location. The bike will be considered returned only when it is returned to a representative of BV eBike Rentals in person. Failure to return the bike without prior notice or without proven exceptional circumstances will be considered an act of theft and the renter will be reported to the police. • Privacy Policy: E-bike Tours & Rental will protect any personal or financial information obtained during rental, and your rights will be protected and not shared with any other party. • In the event of loss of keys or any accessories of the vehicle or damages, the renter, will pay the necessary amount to restore the vehicle to its original condition or replace keys, according to the estimate of the supplier. In case of theft or total loss, the renter will be charged $1700 by E-Bike Tours & Rental.

We reserve the right to cancel your rental and refund you in the event that either the renter or the weather is unsuitable for the experience.
Reservations must be cancelled 24 hours in advance in order for a full refund to be issued.