General: These Terms and Conditions (as indicated in this form, plus the return with the final charges) form a Rental Agreement (“Agreement”).  This Agreement is between the E-Bike Renter as identified herein (“The Renter”) and Top Tours LLC and covers the rental of the E-Bike equipment (E-Bike”) and the topics described in this agreement.  The word “E-Bike” means the two-wheeled electric bike provided to the Renter by Top Tours and includes the frame, two tires, seat, electric power, battery, lights, miscellaneous equipment, accessories (bike rack, lock) and safety gear (helmet braking system).

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2. Authorized Drivers/Prohibition on Passengers:  The E-Bike is for the exclusive use of the Renter under this agreement.  No other person may ride, drive or otherwise operate the E-Bike except the Renter.  The Renter may not carry any passengers on the E-Bike at any time.  The Renter may not add any kind of seat or modification to the E-Bike or allow someone to ride on the rear fender.  No one may ride on the handlebars at any time.  The Renter is prohibited from pulling or towing any passenger or object with the E-Bike at any time.  The Renter must be at least 18 years of age.

 

3. E-Bike Return: The Renter agrees to return the E-Bike to Top Tours 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 Top Tours.  The Renter agrees to return the E-Bike sooner if so demanded by Top Tours.  The Renter understands that there may be rate or special charges if the Renter returns the E-Bike at a different time, date, or location than indicated in this agreement.

 

4. Rental Charges: From the time identified by this agreement until the E-Bike(s) are returned the Renter agrees to pay the rates as indicated on this agreement.  The minimum charge is for two hours (120 minutes).  The Renter shall pay the applicable New Jersey sales, use, rental and excise taxes.  The Renter shall pay a reasonable fee for cleaning the E-Bike if the E-Bike is not returned in the same condition as when rented.

 

5. Safe Operation of E-Bike, Roadway, Traffic and other Hazards: By signing this agreement, the Renter confirms that the Renter has been advised by Top Tours and otherwise knows and understands rights of way, traffic regulations and other rules regarding the safe operation of E-Bikes on New Jersey streets and thoroughfares, the Renter knows and understands that there are risks of personal injury and/or property damage which arise with the operation of the E-Bike on any public or private street, roadway or thoroughfare.  These risks arise from the operation of motor vehicles by others, from man-made hazards (e.g., pedestrian traffic, roadway repairs, street signs, etc.), and from natural hazards (uneven ground, street side trees, sandy areas, rain, standing water, etc). as set forth in Section 10.  The Renter agrees to diligently observe and follow rights of way, traffic regulations and applicable rules and shall safely operate the E-Bike so as to avoid or minimize the exposure to such risks and hazards.  The Renter assumes the risk of personal injury and/or property damage from all such hazards or dangers.

 

6. Repossessing the E-Bike Top Tours may repossess the E-Bikes at any time if:  the E-Bike is used in violation of law; it appears the E-Bike is abandoned, the E-Bike is used in violation of any term or condition in this agreement; The Renter made a misrepresentation to Top Tours, or the Renter fails to return the E-Bike when due.  Top Tours is not required to notify the Renter in advance of repossession.

 

7. Prohibited use of the E-Bike;  The Renter will not use or permit the E-Bike to be used for hire, to be operated in a test, race or contest, or to be driven in sand, on any unpaved roads, in dirt or through water, or in public parks or on a designated bike trail if specifically prohibited, or in any location that operation would be illegal or if such use would pose a danger or be a nuisance to others.  The Renter will not use or permit the E-Bikes to be used for an illegal purpose, including the transportation of a controlled substance or contraband.  A violation of this paragraph automatically terminates the rental and makes the Renter liable to the released parties for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of Section 7.

 

8. Damage to E-Bike; The Renter shall pay Top Tours for all losses and/or damage to the E-Bike, regardless of fault (e.g. the Renter agrees to pay for the loss even though someone else caused the damage or is at fault). The Renter is also responsible for all theft or vandalism losses, even if the theft or vandalism were caused by others and not as the result of the fault of the Renter.  If the E-Bike is damaged, the Renter agrees to pay the reasonable costs of repair, any diminution in value, or, if applicable, the cost of replacement.  If the E-Bike is damaged beyond reasonable repair (as determined by Top Tours), the Renter shall be responsible for the retail fair market value less salvage value, if any, which may be applicable.  In addition, the Renter shall also be responsible for the reasonable down time (Loss of Use), and reasonable administrative fee as determined by Top Tours or specified by law, plus any towing, pick-up and/or storage charges.   In the event of theft, the Renter shall be responsible for paying loss of use at the daily rate for each 24 hours the Renter delays in paying for the replacement cost of the E-Bike.  In addition, the Renter is responsible for any loss if the Renter; (1) abuses the E-Bike or violates any prohibited use or operation as specified in this agreement; (2) drives recklessly; (3) drives while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and Top Tours; (5) fails to complete an accident report; (6) obtains the E-Bike through fraud or misrepresentation; or (7) uses the E-Bike for an illegal purpose.  The Renter authorizes Top Tours to collect from a responsible third party any applicable loss and/or damage.  In the event Top Tours obtains a recovery from a third party after the Renter has paid Top Tours for all or part of any loss, Top Tours will refund to the 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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9. Accidents; Indemnify and Third Party Claims;  In consideration for being permitted to use the E-Bike, the Renter agrees not to sue and to forever waive, release and discharge, indemnify and hold harmless Top Tours, and each of their respective officers, directors, managers, members, employees, agents, representatives, contractors, volunteers and the successors and assigns of each of the foregoing (collectively, the Released Parties) from any and all actions, claims, liabilities and demands of any nature or matter whatsoever including all losses, costs, damages and expenses (including, but not limited to, reasonable attorneys’ and experts’ fees) (Collectively, Claims)  that the Renter, Renter’s assignees, heirs, distributees, guardians, next of kin and legal representatives now have, or may have in the future, for personal injury, illness, death or property damage related to (i) the Renter’s use of the E-Bike for any and all purposes; and/or (ii) the Renter’s participation in any biking activities.  This release is made on behalf of the Renter, as well as on behalf of any minors under the Renter’s care.  The release applies to the Renter, those minors, as well as the Renter’s assignees, heirs, personal representatives or others claiming to act for on the Renter’s behalf.  The Renter further agrees not to make a claim or sue for injuries or damages relating to the use of the E-Bike or the Renter’s participation in any biking activities under any theory.  This agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

 

10. Renter Assumes Risk of Injury:  As set forth above, the Renter assumes all risks of injury and damage, including, but not limited to, death or serious bodily injury, which may result from the operation of the E-Bike.  The Renter knows, understands and acknowledges risks of operating an E-Bike on streets, roads, bike paths, bike lanes and in traffic.  These risks included, but are not limited to: the risks of serious bodily injury or death from falling off the E-Bike, colliding with other bikes, 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, and hazards relating to weather conditions.  The Renter fully understands and acknowledges that (a) risks and dangers exist in the Renter’s use of the E-Bike and Renter’s participation in E-Bike riding and other related activities (collectively, “E-Bike Activities”), (b) the Renter’s participation in such E-Bike activities and/or use of the E-Bikes may result in property damage, drawing, death injury illness other ailments, and (c) these risk and dangers may be caused by the Renter’s own negligence, the negligence of others (Including, without limitation, the released parties (defined below)), accidents, falls, collisions, other individuals engaging in Biking Activities or other causes.  The Renter understands that the risks and dangers may arise from foreseeable or unforeseeable causes and by the Renter’s Participation in these activities and/or use of the E-Bike the Renter hereby assumes all such risks and dangers and all responsibility for any such losses and/or damages.  The Renter’s acceptance and assumption of risks applies to the Renter as well as for any minors under the Renter’s care.

 

11. Payment:  The Renter agrees to pay upon demand:  All rental rates, charges, (Including those applicable to miscellaneous services and equipment), plus applicable taxes and fees which may apply to the E-Bike rental, together with charges, if applicable, for loss and/or damage to the E-Bike in accordance with Section 8, above.  The Renter agrees that, if applicable additional charges, e.g., for loss, damage or for the Renter’s other obligations, may be collected by Top Tours via the same manner of payment used by the Renter at the time of reservation and/or for the rental of the E-Bike.  Without limiting the foregoing the Renter understands and agrees that Top Tours may charge the Renter’s credit or debit card for such purposes.

 

12. Credit Reserve and Payment:  The Renter understands that the Renter must deposit an amount (to be used against the final bill) equal to the estimated total charge for the E-Bike rental at the rates indicated in this agreement.  The Renter authorizes Top Tours to place any amount(s) due from the Renter as a result of the E-Bike rental on to the Renter’s credit card, if that form of payment is utilized.

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13. Property left on or in E-Bike:  Top Tours is not responsible for any personal property left in or on the E-Bike.  The Renter assumes all risk of loss if the Renter leaves any such personal item.  The Renter shall defend, indemnify and hold the Release Parties harmless from claims, if any, made by any third person allegedly arising from personal property items left in or on the E-Bike.

 

14. Collections:  All charges, fees and expenses, including payment for loss or damage to the E-Bike, are due upon Top Tours demand.  If the Renter does not pay all charges when due, the Renter agrees to pay a late charge of 1.5% per month on the past due balance.  If collection or legal action is necessary, the Renter agrees to pay all Top Tours collection costs and reasonable attorney’s fees.  If any check is not honored by a financial institution, the Renter will be assessed a service charge of $35.00, in addition to the payment of the principal due and any attendant collection costs.

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15. Fines and Expenses:  The Renter is responsible for paying all fines, tickets, fees, assessments, court costs, and recovery expenses for any parking, traffic or other violations, including storage liens and charges, incurred or imposed during the rental of the E-Bike and hereby indemnifies and holds harmless the Released Parties from any and all Claims in connection therewith.

 

16. General Provisions:  The Renter represents that the information provided by the Renter and contained in this Rental Agreement is true, accurate, and complete.  In the event that any information is not true, accurate or complete in any respect, the Renter agrees that Top Tours has the right to terminate this agreement with or without notice.  The Renter agrees that the Renter will be responsible for any unauthorized repairs.  The Renter understands that in no event shall the Renter be deemed to be an agent, servant, or employee of Top Tours in any manner for any purpose whatsoever.  This agreement shall be governed by and enforced in accordance with the laws of the State of New Jersey, without reference to its conflicts of law provisions and shall be subject to the jurisdiction of state and federal courts sitting in the County of Monmouth, State of New Jersey.  Each party hereto expressly waives any and all rights which it may have to make any objections based on jurisdiction, venue, or sufficiency of process to any suit brought to enforce this agreement in accordance with the foregoing provisions.  Each party waives, to the full extent permitted by law, the right to a jury trial in any litigation concerning this agreement or any defense, claim, counterclaim, claim of set-off or similar claim of any nature.  In the event of any action between the parties for enforcement or interpretation of any of the terms or conditions of this agreement, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including without limitation court costs and attorney’s fees actually incurred, as awarded by a court if competent jurisdiction.​

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17. Top Tours asks that all Renters wear a helmet and other safety gear and that, if needed, they seek instruction from Top Tours staff regarding the safe operation of the rented equipment.  Regular helmets are provided free to Renters.

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​18. Photography consent and release: Each person riding the E-Bikes gives their consent for all pictures to be used for marketing and promotions.

 

19. WAIVER/RELEASE - Each person understands that riding the E-Bike can be hazardous and can result in injury or death.  Each person also agrees not to sue and to forever waive, release and discharge, indemnify and hold harmless the Released Parties from any Claims that the Renter, Renter’s assignees, heirs, distributees, guardians, next of kin and legal representatives now have, or may have in the future, for personal injury, illness, death or property damage related to (i) the Renter’s use of the E-Bike for any and all purposes; and/or (ii) the Renter’s participation in any Biking Activities.  This release is made on the Renter’s behalf, as well as on behalf of any minors under the Renter’s care.  The release applies to the Renter, those minors, as well as the Renter’s assignees, heirs, personal representatives or others claiming to act for or on the Renter’s behalf.  The Renter further agrees not to make a claim or sue for injuries or damages relating to the use of the E-Bike or Renter’s participation in any E-Biking activities under any theory.  This agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. 

 

20. Lost locks, keys, helmets, baskets will be charged a lost/damage fee at fair market replacement costs.

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