I/we, the undersigned “Renter(s)” (which term shall include all persons using or having control of the bicycles or other equipment and appurtenances rented through the permission of the Renter(s)), agree that in consideration of the rental of one or more bicycle(s) and other equipment or appurtenances from Anderson’s Bike Rentals, LLC of 23 Circuit Avenue Extension, PO Box 555, Oak Bluffs, Massachusetts 02557-0555 508-693-9346, that the Renter(s) understand, agree and acknowledge that I/we have and will claim full responsibility for the operation or use of the bicycles on or off the roads or paved surfaces, for the physical condition of the bicycle(s), including full responsibility for all damages, loss or theft to the bicycle(s) while in my/our possession or control, save for reasonable wear and tear in accord with appropriate use and operation as described herein. The Renter(s) affirm that they know how to ride a bicycle and have sufficient experience in such activity and recognize that there are many hazards involved in the same. The Renter(s) further agree(s) and claim(s) full responsibility for all damages, personal injuries, expenses or other loss suffered by the Renter(s) or any other person, entity or third party caused by or resulting from the rental, operation or use of the bicycle(s) or other equipment while in the Renter(s) possession or control. The Renter(s) hereby understand(s) that he/ she/ they must adhere to all traffic rules of the road while operating the bicycle(s) on or off the roads or paved surfaces, recognizing that the bicycle(s) is / are not designed for trick riding or riding in soft sand or beach sand, and that both wheels must remain on the ground at all times. Accordingly, the Renter(s) hereby indemnify and hold Anderson’s Bike Rentals LLC, their employees, managers, suppliers or agents harmless for any costs including reasonable attorneys fees for any breach of the terms hereof.
This Agreement shall be construed pursuant to the laws of the Commonwealth of Massachusetts and may be enforced in accord with the laws governing the same in a state court of competent jurisdiction sitting in the County of Dukes County, Massachusetts including laws involving choice of forum and choice of law and the Renters agree to jurisdiction therein. Any action in respect to the rental of the bicycle(s) must be brought in a state court of competent jurisdiction sitting in the County of Dukes County, Massachusetts. Should any provision of this agreement be deemed invalid or unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.
