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MOTORCYCLE RENTAL AGREEMENT
Date:
THIS MOTORCYCLE RENTAL AGREEMENT (hereinafter referred to as "Agreement") is entered into on the above date by and between Easy Rider Motorcycle Rentals Inc., 336 Jericho Tpke., Mineola NY 11501 (hereinafter referred to as "ERMRI) and the Renter(s):
[RENTER 1 NAME AND ADDRESS]
[RENTER 2 NAME AND ADDRESS]
(hereinafter, whether one or more, referred to as "Renter")
ERMRI and Renter hereby agree to the following terms:
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ERMRI agrees to rent the following motorcycle(s) to Renter:
[DESCRIPTION OF MOTORCYCLE(S)]
(hereinafter, whether one or more, referred to as "Motorcycle")
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OPERATORS AND PASSENGERS Only Renter is authorized to operate or ride as a passenger on the Motorcycle. If Renter is a corporation or other entity, only the following individuals are authorized to operate or ride as a passenger on the Motorcycle:
[NAME(S) OF AUTHORIZED OPERATOR/PASSENGER]
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TERM The term of this Agreement (hereinafter referred to as the "Term") shall begin upon delivery of the Motorcycle to Renter and end at the date and time specified in this Agreement.
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RENTAL CHARGES Renter agrees to pay rent to ERMRI for use of the Motorcycle during the Term at the rate specified in the Rental Cost Summary section of this Agreement. Renter further agrees to pay all applicable sale, rental, and excise taxes as required by law and any additional charges that may become due from Renter per the terms of this Agreement. All charges are subject to final audit and assessment by ERMRI. Renter hereby authorizes ERMI to apply all charges incurred by Renter under this agreement to the credit card(s) presented to ERMRI upon the signing of this Agreement and consents to the reservation, authorization or setting aside by the charge card issuer of that amount and any Security Deposit required under this Agreement.
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SECURITY DEPOSIT Renter shall deposit with ERMRI a Security Deposit, in the amount specified in the Rental Cost Summary section of this Agreement, as security for the full and faithful performance by Renter of all the terms, covenants, and conditions of this Agreement upon Renter's part to be performed. ERMRI shall be entitled to apply the Security Deposit toward any balance due ERMRI under this Agreement and the remaining balance of the Security Deposit, if any, shall be returned to Renter. ERMRI shall be entitled to withhold the Security Deposit or any part thereof pending completion of its final audit and assessment of the amounts due from Renter under this Agreement. Renter's liability to ERMRI shall not be limited to the amount of the Security Deposit and Renter shall be responsible for any charges due ERMRI under this Agreement in excess of the amount the Security Deposit.
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RETURN OF MOTORCYCLE Renter shall promptly return the Motorcycle to ERMRI at the end of the Term specified herein. Renter further agrees to immediately return the Motorcycle to ERMRI at any time upon demand by ERMRI. Renter shall return the Motorcycle to ERMRI at the location at which Renter received the Motorcycle unless otherwise instructed by ERMRI. Renter shall return the Motorcycle in the same condition as when it was received by Renter, ordinary wear and tear from proper use excepted. In the event Renter fails to promptly return the Motorcycle to ERMRI as required under this agreement, Renter shall be responsible for additional hourly charge at the rate specified below. In the event Renter fails to return the Motorcycle within four hours of time that Renter is required to return the Motorcycle per the term of this agreement, ERMRI at their discretion may report to motorcycle as stolen to the police or other appropriate authority. Renter hereby waives all claims against ERMI and holds ERMRI harmless for any consequences or liability resulting from ERMI reporting the Motorcycle as stolen.
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ADDITIONAL CHARGES Renter agrees be responsible for and pay or reimburse ERMRI the following additional charges and expenses as applicable:
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All fines, penalties, forfeitures, court costs and other expenses that may be assessed against ERMRI but which are due by reason of Renterfs care, custody, control, possession, operation, or use of the Motorcycle, including without limitation storage liens and charges in connection with parking and traffic violations.
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All costs of ERMRI in connection with collection of amounts due ERMRI under this Agreement and the enforcement of ERMRI's rights under this Agreement, including reasonable attorney fees and court costs through trial and appeals, paralegal fees, etc.
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All sales, rental and excise taxes as required by law.
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In the event Renter fails to promptly return the Motorcycle at the time and place required under this Agreement, an overtime charge of $25.00 per hour shall be due from Renter to ERMRI.
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In the event Renter fails to return the Motorcycle per the terms of this Agreement Renter, in addition to all other charges incurred by Renter under this Agreement, Renter shall be responsible for the full replacement value of the Motorcycle.
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In the event Renter returns the motorcycle in damaged condition, in addition to all other charges incurred by Renter under this Agreement, Renter shall be responsible for the cost of repair of the Motorcycle. If, in the discretion of ERMRI, the cost of repair exceeds the value of the Motorcycle, Renter shall be responsible for the cost of replacement of the Motorcycle.
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In the event Renter does not return the key to the Motorcycle, Renter shall incur additional charges of $150.00 plus the cost of an ignition set. In the event Renter returns the key to Motorcycle in damaged condition, Renter shall incur an additional charge of $50.00.
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In the event Renter fails to return the motorcycle to the proper location as required by Renter per the terms of this Agreement, Renter shall incur a charge of $3.00 per mile or $500, whichever is greater for return of the motorcycle to the proper location.
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In the event Renter returns the Motorcycle with less fuel than was provided with the Motorcycle at the time of delivery of the Motorcycle to Renter by ERMRI a refueling charge of $25.00 shall be incurred by Renter.
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Cost of optional Comprehensive/Collision Damage Waiver and/or Emergency Road Service (see below)
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Cost of any road service, repair, or towing required.
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Cost of optional emergency road service coverage.
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RENTER'S REPRESENTATIONS Renter hereby makes the following material representations to ERMRI. If Renter is a corporation or other entity, Renter makes these representations with regard to the individual(s) specified in Paragraph 2 of this Agreement:
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All operators and/or passengers of the Motorcycle are at least 25 of age and are in sound medical condition.
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All operators and/or passengers of the Motorcycle shall have at least one (1) year of prior experience in operating motorcycles and/or riding as a passenger on motorcycles.
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All operators and/or passengers of the Motorcycle possess the requisite ability and skill to operate and/or ride as a passenger on the motorcycle in a safe manner.
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No person will operate the Motorcycle or ride as a passenger on the Motorcycle without wearing a D.O.T. certified helmet, proper eye wear and protective clothing.
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All operators of the motorcycle possess a valid drivers license qualifying them to operate the Motorcycle in the state or country of their residence.
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No person will operate or ride as a passenger on the Motorcycle while under the influence of any alcoholic beverage or controlled substance or any prescription or non-prescription drug that might impair their ability to operate the Motorcycle.
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None of the operators or passengers of the Motorcycle have any physical impairment that might prevent them from operating the Motorcycle or riding as a passenger in a safe manner.
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Renter will not permit or allow anyone that is not specifically authorized in this Agreement to operate or ride as a passenger on the Motorcycle.
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All operators of the Motorcycle will observe and abide by all applicable speed limits and other traffic laws.
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INSURANCE Renter shall be responsible for all loss of or damage to the Motorcycle and any loss or damage incurred to the person or property of others by reason of Renterfs care, custody, control, possession, operation, or use of the Motorcycle. Accordingly, Renter shall obtain motorcycle liability, collision and comprehensive insurance coverage covering Renter, ERMRI and the Motorcycle. Where state law requires ERMRI to provide motorcycle liability insurance, or if Renter does not have motorcycle liability insurance, ERMRI shall have in place insurance motorcycle liability insurance that is secondary to any other valid and collectable insurance whether primary, secondary, excess or contingent (hereinafter referred to as the "Policy"). The Policy provides both bodily injury and property damage liability coverage with limits no higher than the minimum levels prescribed by the financial responsibility laws of the state where the damage or loss occurs. Where permitted by law, Renter rejects personal injury protection, medical payments, no-fault and uninsured and under-insured motorist coverage. The Policy will be void if Renter violates the terms of this Agreement or fails to cooperate in any loss investigation conducted by ERMRI or their insurer. Allowing the vehicle to be operated or ridden by a passenger not specifically authorized under this Agreement shall terminate any coverage under the Policy.
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COMPREHENSIVE/COLLISION DAMAGE WAIVER. Comprehensive/Collision Damage Waiver (hereinafter referred to as "CCDW" is an optional waiver available to Renter through ERMRI at an additional cost to Renter. CCDW will cover part of Renter's responsibility for loss of or damage to the Motorcycle. Renter understands and acknowledges that CCDW is not insurance and further acknowledges that it will be not cover loss or damage to the Motorcycle if it is used in a manner prohibited by this Agreement. The cost and terms will be indicated in the Rental Cost Summary section of this agreement.
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OWNERSHIP OF MOTORCYCLE The Motorcycle is solely the property of ERMRI and will remain so at all times. Renter shall not obtain any right, title or interest in the Motorcycle except as specifically provided in this Agreement.
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USE OF MOTORCYCLE Renter shall not, and shall not allow, operation or transportation of the Motorcycle outside the continental United States. Renter, and all operators and riders of the Motorcycle will comply with all laws, ordinances and government regulations relating to use and operation of the Motorcycle. Renter shall be responsible for checking the Motorcycle engine oil level at each refueling and immediately reporting any mechanical failures to ERMRI. Renter shall keep the Motorcycle locked while it is unattended. Renter shall not allow the motorcycle to be used by any person other than Renter unless specifically authorized in this Agreement. The Motorcycle shall not be used to carry any passengers not specifically authorized in this Agreement. Renter shall not use the Motorcycle or allow the Motorcycle to be used to carry any passengers or property for hire, or to tow or push anything, or to be operated in a race, test or contest, or to be operated on unpaved roads, or to instruct an any unlicensed person on in the operation of a motorcycle, or be used in the performance of any stunts, or be used by any person under the influence of alcohol or drugs, or be used for any illegal purpose.
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ACCIDENTS, DAMAGE TO OR LOSS OF MOTORCYCLE. In case of an accident involving the Motorcycle, Renter shall immediately notify the police and ERMRI. In the event of a flat tire or other damage to the Motorcycle, Renter shall immediately notify ERMRI and ERMRI in its discretion shall determine the course of action for repair of the motorcycle. Renter shall be responsible for the cost of any road service, towing or repair required. In the event the Motorcycle is damaged or disabled Renter shall remain liable for the rental charges for the balance of the Term and all other charges under this Agreement. ERMRI shall not be obligated to provide a replacement motorcycle. Renter shall be responsible for any flat tires or damaged wheels. Patches, tubes, or plugs are not acceptable tire repairs. Renter shall not service or repair Motorcycle or have the Motorcycle serviced or repaired without the prior approval ERMRI.
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PROPERTY LEFT IN THE MOTORCYCLE ERMRI shall not be responsible for loss of any personal property stored or transported in or on the Motorcycle or left in or on the Motorcycle. Renter hereby indemnifies and holds ERMRI harmless for liability to Renter or any other person or entity in connection with the loss of such property.
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JOINT AND SEVERAL LIABILITY If Renter consists of more than one person or entity, each person and/or entity shall be jointly and severally liable for the charges, liabilities and obligations of set forth in this Agreement
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ASSIGNMENT NOT ALLOWED Renter shall not assign this Agreement or transfer or assign any of its interest in the Motorcycle under this Agreement.
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MISC. This Agreement has been made, executed and delivered in the State of New York and shall be governed and construed for all purposes under and in accordance with the law of the State of New York, including all matters of construction, validity and performance. In the event any one or more of the provisions of this Agreement shall for any reason be held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal or unenforceable provisions shall be replaced by a valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
NO WARRANTIES I UNDERSTAND THAT EXCEPT FOR THE DESCRIPTION OF THE MOTORCYCLE ON THIS AGREEMENT, ERMRI DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE MOTORCYCLE, INCLUDING, BUT NOT LIMITED TO, ITS DESIGN, CAPACITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE. RENTER UNDERSTANDS AND AGREES THAT ERMI WILL NOT BE LIABLE FOR ANY LOSS, CONSEQUENTIAL OR OTHER DAMAGES OR EXPENSES OF ANY KIND CAUSED DIRECTLY BY, OR ARRISING IN CONNECTION WITH, THE MOTORCYCLE, ITS USE, OPERATION OR FAILURE TO OPERATE, MAINTAINENCE OR FAILURE TO BE MAINTAINED, OR BY ANY INTERUPTION OF SERVICE OR LOSS OF USE OF THE MOTORCYCLE.
WAIVER OF LIABILITY. I RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD, EASY RIDER MOTORCYCLE RENTALS INC.AND ITS AFFILIATED COMPANIES, AND EACH OF THEIR PARTY'S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS (COLLECTIVELY, gRELEASED PARTIESh), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITES, LEGAL PROCEEDINGS, WHETHER CIVIL OR CRIMINAL, PENALTIES, FINES, OR OTHER SANCTIONS, THAT MAY HAVE ACCRUED OR MAY ACCRUE IN THE FUTURE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OF OR RELATING IN ANY RESPECT TO THE RENTAL OR OPERATION OF THE MOTORCYCLE BY RENTER OR ANY OTHER PERSON. THIS WAIVER AND RELEASE WILL INCLUDE, BUT NOT BE LIMITED TO, ANY INJURY, DAMAGE OR LOSS TO MY PERSON OR PROPERTY WHICH MAY BE (A)CAUSED BY ACT, OR FAILURE TO ACT, BY ANY RELEASED PARTY OR (B)SUSTAINED BY ME BEFORE, DURING, OR AFTER THE RENTAL. THIS WAIVER AND RELEASE DOES NOT RELEASE ERMRI FROM ANY LIABILITY THAT IS CAUSED BY THE INTENTIONAL MISCONDUCT OF ERMRI OR FROM ANY OTHER LIABILITY THAT CAN NOT BE EFFECTIVELY RELEASED BY ME UNDER APPLICABLE LAW. THIS WAIVER AND RELEASE IS IN ADDITION TO, AND IS NOT INTENDED TO LIMIT IN ANY MANNER, THE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT ("THE RELEASE OF LIABILITY") EXCECUTED BY ME ALONG WITH THIS AGREEMENT. IN THE EVENT THAT THE TERMS OF THIS AGREEMENT CONFLICT WITH THE RELEASE OF LIABILITY IN ANY MANNER, THE TERMS OF THE RELEASE OF LIABILITY WILL GOVERN.
The parties hereby confirm by their signatures below that they understand and agree to all of the terms and conditions of this Agreement.
Easy Rider Motorcycle Rentals Inc.
By:_________________________
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[NAME OF RENTER 1]
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[NAME OF RENTER 2]
EASY RIDER MOTORCYCLE RENTALS INC.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted by Easy Rider Motorcycle Rentals Inc. ("ERMRI") to operate and/or ride as a passenger on a motorcycle rented from ERMRI; and/or otherwise participate in any related activity organized or sponsored by ERMRI and/or its affiliates, on behalf of myself, my heirs, executors, administrators, personal representatives, assigns and next of kin:
I HEREBY ACKNOWLEDGE, AGREE, WARRANT, AND REPRESENT;
I am at least 25 years of age and I understand the nature of the activities stated above;
I understand that operating and/or riding as a passenger on a motorcycle involves physical activity and risk of serious bodily injury, including permanent disability, paralysis and death and may involve other risks and social and economic losses either not known to me or not readily foreseeable at this time ("Risks");
I understand that the Risks and dangers associated with operating and/or riding as a passenger on a motorcycle may be caused by my own actions or inactions, the actions or inactions of others, the conditions under which the motorcycle is operated, or the negligence of the Releasees named below;
I understand that it is my responsibility to assess the specific hazards and conditions presented by operating and/or riding as a passenger on a motorcycle at any given time and under any given circumstances and that I am the ultimate judge as to whether I can do so safely without risk of harm to myself and/or others;
I represent that I have at least one (1) year of experience with the operation of motorcycles in the capacity in which I will operate and/or ride as a passenger on a motorcycle rented from ERMRI and further represent that I possess the requisite abilities and skills to operate and/or ride as a passenger on a motorcycle in a safe manner. ;
At all times while operating a motorcycle rented from ERMRI, I will be duly licensed to operate a motorcycle as required by law within the jurisdiction in which I operate the motorcycle;
I am in good health and do not have any physical or emotional problems, nor any history thereof, which would impair my ability to operate and/or ride as a passenger on a motorcycle in a safe manner;
I am not, and while operating and/or riding as a passenger on a motorcycle rented from ERMRI, will not be under the influence of any alcoholic beverage, controlled substance, or any prescription or non-prescription drug that might impair my ability to safely operate or ride or as a passenger on a motorcycle.
I will not operate or ride as a passenger on a motorcycle rented from ERMRI without wearing a properly fitting and fastened D.O.T. certified helmet that is in good condition, proper eye wear, and protective clothing as required by law. I understand that different types of helmets offer differing levels of protection and that a "shorty" style helmet, or other type that is less than a full face helmet, does not provide as much protection as a full face helmet even though it may meet D.O.T. specifications and be D.O.T. certified. I acknowledge that it is my responsibility to carefully inspect any helmet that I use to ensure that it is in good condition. I understand that if a helmet is visibly damaged or has been subjected to impact, from dropping or otherwise, its protection capabilities may be compromised and the helmet should not be used.
I acknowledge that accurate fitting of a motorcycle helmet is of utmost importance and that a poorly fitting helmet will afford much less protection and may come off my head in the event of an accident. I acknowledge that it is solely my responsibility to determine which helmet size best fits my head and that ERMRI and its affiliates are not responsible for determining my proper helmet size. I acknowledge that if a helmet is sold to me or otherwise provided to me by ERMRI or any of its affiliates it remains solely my responsibility to ensure that the helmet fits properly.
I understand that, using a tape measure, I should measure around by head just above my eyebrows and ears to obtain my nominal helmet size in inches or centimeters. Use of the conversion chart below may be necessary to determine the best size for me.
CM Inches UK Universal USA
53 21 6 1/2 X-Small 6 5/8
54 21 1/4 6 5/8 Small 6 3/4
55 21 3/4 6 1/4 Small 6 7/8
56 22 1/8 6 7/8 Medium 7
57 22 ½ 7 Medium 7 1/8
58 22 7/8 7 1/8 Med/Large 7 1/4
59 23 ¼ 7 1/4 Large 7 3/8
60 23 ¾ 7 3/8 Large 7 1/2
61 24 ¼ 7 1/2 X-Large 7 5/8
62 24 ½ 7 5/8 X-Large 7 3/4
63 24 7/8 7 3/4 XX-Large 7 7/8
I understand that, with the chinstrap fastened, the helmet should not slip from side to side on my head. I understand that if I bend my head forward to try to remove the helmet with the chinstrap in place, and the helmet moves or slips off my head, I need a smaller sized helmet. I understand that helmet linings compress with the use of the helmet and thus a new helmet on first fitting should feel a litter tighter than snug.
I will observe and abide by all applicable speed limits and other traffic laws while operating a motorcycle rented from ERMRI;
I will examine and inspect the condition of the motorcycle(s) and safety equipment, surface and road conditions, and all other conditions related my operation of or riding as a passenger on any motorcycle rented from ERMRI and if I observe any condition which I consider to be unacceptably hazardous or dangerous I will refuse to operate or be a passenger on the motorcycle or immediately discontinue operating or being a passenger on the motorcycle unless and until the condition has been corrected to my satisfaction;
I FULLY ACCEPT AND ASSUME ALL RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES THAT I INCUR AS THE RESULT OF MY OPERATING AND/OR RIDING AS A PASSENGER ON ANY MOTORCYCLE RENTED FROM ERMRI;
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I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE Easy Rider Motorcycle Rentals Inc., Two Wheel Corp., their affiliates, and each of their directors, officers, agents, administrators, employees, instructors, owners and lessors of their premises or places of business, and the successors and assigns of all of the above (the "Releasees") from any liability claims, demands, losses or damages on my account, caused or alleged to be caused in whole or in part by the negligence of the Releasees and further agree that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, I or anyone on my behalf makes a claim against any of these Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage or cost which any may incur as the result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
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