Waiver and Indemnification Form

Bicycle Loan Agreement
Acknowledgment of Risks, Release and Indemnity
Loan Terms and Permitted Use

 

Zen Cycle Inc. is lending the borrower a touring bicycle and the accessories identified below (collectively, the “Bicycle”). The Bicycle may only be used only within Québec, solely by the borrower and for personal use, and may not be shared with or transferred to another person. The loan may not exceed two nights.

Bicycle Safety

The borrower must comply with all municipal and provincial traffic regulations applicable to bicycles. The borrower acknowledges that wearing a helmet is strongly recommended at all times while riding. Zen Cycle Inc. employees are available to assist with any problem affecting the Bicycle during the opening hours of the store on Rachel Street. If the Bicycle becomes damaged or unsafe, the borrower must stop using it immediately and promptly notify Zen Cycle Inc.

Acknowledgment and Assumption of Inherent Cycling Risks

The borrower understands that cycling involves inherent risks, including: mechanical failure; changing weather or visibility; hazardous surfaces and obstacles such as rocks, snow, ice, dirt and trees; loss of balance or control; fast or uncontrolled acceleration on hills; collisions with pedestrians, animals, vehicles, cyclists, skaters or other objects; the conduct of other road or path users; becoming lost or stranded; incapacity to ride safely; and riding beyond the borrower’s abilities. These risks may result in property damage, serious bodily injury, permanent disability or death. The borrower accepts these inherent risks and assumes responsibility for the borrower’s own use and control of the Bicycle, without waiving any right that cannot lawfully be waived.

Return Policy

The borrower must return the Bicycle at the agreed date, time and location, in the same condition as received, except for ordinary wear. The borrower accepts the apparent condition recorded above and must promptly report any accident, loss, theft, damage or malfunction. The borrower may be responsible for reasonable, documented costs of cleaning or repairing damage beyond ordinary wear, subject to applicable law.
The borrower is responsible for loss of or damage to the Bicycle while it is in the borrower’s possession. If the Bicycle is lost, stolen or damaged beyond repair, the borrower may be responsible for the reasonable replacement value of a comparable bicycle, determined with reference to its age and condition, subject to applicable law.

Late Return Policy

If the Bicycle is returned late, the borrower must promptly notify Zen Cycle Inc. and may be responsible for reasonable, documented costs directly caused by the delay. The borrower remains responsible for the Bicycle until Zen Cycle Inc. accepts its return.

Release of Liability

To the extent permitted by law, the borrower releases Zen Cycle Inc., the Bicycle’s manufacturers and distributors, and their respective directors, officers, employees, agents, contractors, successors and assigns (the “Releasees”) from claims for material loss, damage, fees, costs or expenses arising from the borrower’s use or control of the Bicycle. This release extends to claims concerning breach of contract, the design, manufacture, selection or servicing of the Bicycle, and any warnings or instructions given or omitted, including an alleged failure to warn the borrower of a risk. This release does not extend to claims arising from a Releasee’s own fault, including negligent or inadequate inspection, maintenance or repair. Nothing in this agreement excludes or limits liability for a latent defect, for bodily or moral injury, for material injury caused by an intentional or gross fault, for breach of an applicable legal warranty or any other liability that cannot lawfully be excluded or limited.
To the extent permitted by law, the borrower will indemnify the Releasees against reasonable, documented, third-party claims for bodily injury or material damage caused by the borrower’s fault, unlawful conduct or improper use of the Bicycle except to the extent such claims arise from a Releasee’s own fault, including negligent or inadequate inspection, maintenance or repair.

This agreement takes effect immediately and, in the event of the borrower’s death or incapacity, binds the borrower and, where applicable, the borrower’s heirs, liquidators, administrators and legal representatives, subject to any rights and remedies that cannot lawfully be waived.

This agreement and the rights and obligations arising from it are governed by the laws of Québec and the federal laws of Canada applicable in Québec. Any dispute may be submitted to a court of competent jurisdiction in Québec, subject to applicable consumer protection and territorial jurisdiction rules.

Nothing in this agreement excludes, restricts or limits any legal warranty, right or remedy available to the borrower under the Consumer Protection Act, the Civil Code of Québec or any other applicable law.

The borrower further acknowledges that a French-language copy of this agreement was made available, but that they expressly requested to receive and sign this agreement in English.