Bicycle Use Agreement

This Bicycle Use Agreement (hereinafter “Agreement”) is hereby entered into by and between Mark-Taylor Residential (hereinafter “Management”), as agent for the owner of (hereinafter “community”), and the undersigned individual, a resident of this community (hereinafter “Rider”). The terms of this Agreement shall govern the relationship between Management and Rider with respect to the rental of certain items of property (namely, a bicycle).

Terms

1. 1. As a prerogative of residing at the community, Management makes available to the residents of this community the use of a recreational bicycle. Bicycles are available on a first-come, first-available basis, but Rider may obtain only one (1) bicycle at a time.
2. 2. The rent for the use of the bicycle is .
3. 3. The maximum period that a Rider may use the bicycle is . Bicycle authorization may be renewed at the discretion of Management and may be discontinued at any time. Failure to return the bicycle to Management at the expiration of the rental period will result in a daily late-return fee of , atop any other rent for the bicycle, to be assessed against Rider and charged to Rider’s ledger/tenant account.
4. 4. Rider expressly agrees that any late charges assessed in relation to Rider’s failure to return the bicycle to Management at the expiration of the use period are to be considered as additional rent due and payable on or before the following periodic rent due date.
5. 5. Rider may ride the bicycle in any location where such use is permitted; Management does not impose a “travel radius” inside of which the bicycle must be used.
6. 6. Rider must employ the use of the locks and chains provided by Management to secure the bicycle anytime the bicycle is not in operation; use of said locks however will not absolve Rider of liability should the bicycle nevertheless be stolen.

Conditions

1. 1. "Rider" shall include not only the individual who is signing this Agreement but also all any minor children and wards, parents, guests, invitees, heirs, agents, attorneys-at-law and attorneys-in-fact, representatives, insurers, successors-in-interest, assigns, or associates thereof, as well as all individuals permitted by Rider to use the bicycle during the period Rider has possession of the bicycle.
2. 2. "Management" shall include not only Mark-Taylor Residential, Inc. but also the owner of the above-identified residential rental community, any acquiring and/or ownership entities (including past, present, and future owners), parent, associated or allied companies, corporations, firms, partnerships, and/or organizations, purchasers of assets or stock, investors, joint ventures, and any related entities, any other persons who might be charged with responsibility for any claims, and the shareholders, successors, counsel, assigns, board members, insurers, officers, partners, directors, joint ventures, members, agents, representatives, or employees thereof.
3. 3. Rider understands that, as with all physical activity, riding a bicycle carries with it certain inherent risks of injury and possibly death, and that Rider’s riding behavior can diminish or exacerbate those risks. Management strongly recommends that Rider wear a helmet and other safety equipment at all times while using the bicycle.
4. 4.All equipment checked out by Rider is checked out in an "as is condition." It is incumbent upon Rider to both inspect the condition of the equipment and use same in a reasonable and prudent manner.
5. 5. Management reserves the right to terminate and revoke Rider’s possession of the bicycle at any time.

1. 6. Rider understands, accepts, and agrees that Management provides the bicycle to Rider in an “as is” condition and makes no representations or guarantees about its condition.
2. 7. Rider agrees that Rider has full responsibility for the care of the bicycle. Rider understands, accepts, and agrees that Rider is responsible for costs incurred by Management to repair the bicycle, including but not limited to tire patching or replacement. Rider further understands, accepts, and agrees that if the bicycle is lost, stolen, or destroyed, Rider shall pay the sum of to Management as its replacement cost.
3. 8. Rider hereby understands, accepts, and agrees that Rider shall release and hold harmless Management for any injuries sustained during or derived from Rider’s use of the bicycle or the use of the conveyance by any individual permitted by Rider. Rider further understands, accepts, and agrees that Rider shall release, hold harmless, and indemnify Management for any claims raised against Management relating to property damage, injury, or death raised by third parties in relation to Rider’s use (or the use by a permitted user) of the bicycle.
4. 9. This Agreement shall be construed under the laws of the State of Arizona. In any disputes arising from or relating to the Agreement, Management and Rider agree to waive any right to a jury trial and accept that the prevailing party in any action to enforce its terms and conditions shall be entitled to recover its court costs and reasonable attorneys’ fees. All dates and times set forth herein are in Mountain Standard Time.
5. 10. In executing this Agreement, both Management and Rider agree to be bound by its terms and conditions.