Terms And Conditions Statement
EAST COAST REC RIDES INC.
RENTAL AGREEMENT (the “Agreement”)
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the Customer agrees to rent the “
Equipment” from
EAST COAST REC RIDES INC. (the “Operator”) (the “
Rental”), on the terms and conditions contained herein, “You”, “you” and “your” refer to Customer, being the customer / vehicle renter who signs the Agreement, “we”, “our”, “us” and “Operator” refer to
EAST COAST REC RIDES INC, a body corporate organized under the laws of the Province of Nova Scotia. Parties refers to both Customer and Operator, and “party” refers to either Customer or Operator. You also understand that you are NOT our agent for any purpose; and that you cannot assign or transfer any of your obligations or rights hereunder.
THE CUSTOMER (as herein defined) represents and warranties to
EAST COAST REC RIDES INC., that all of the following
statements are true, accurate and agreed to, and are current as of the date of this Agreement and the Customer shall ensure that
EAST COAST REC RIDES INC., is notified of any changes in a timely manner.
TERMS AND CONDITIONS
- Entire Agreement. These Terms and Conditions, together with the preambles hereof, and the attached Waiver and Release from Liability, form part of this Agreement, together constitute the entire rental agreement (“Agreement”) between the Customer (as named herein above) and EAST COAST REC RIDES INC., (also referred to as “Operator”). No provision hereof shall be modified or rescinded unless done so expressly in writing signed by an authorized legal representative of EAST COAST REC RIDES INC.
- General Information. EAST COAST REC RIDES INC., is a body corporate, incorporated pursuant to the laws of the province of Nova Scotia, Canada. The Customer is the individual described in the Customer/Renter Information section herein above who is party to this Agreement.
- You agree to follow and be bound by these terms & conditions and the attached Waiver of Liability.
- Who May Operate the Equipment. You represent that you are a capable, and you are not aware of any reason (including health or otherwise) why you should not, or would not be permitted to operate the Equipment.
- If more than one person will be operating the Equipment, you shall remain liable for the equipment and assume all liability incurred by others including the obligation to indemnify the Operator and save it harmless against any claims for damage, loss or injury brought by any third party.
- Customer and any authorized driver must be at least 19 years of age.
- I acknowledge, agree, and represent that I will operate the Equipment in a safe and prudent manner, that I am in good health, and in proper physical and mental condition to participate in such activities and I am not, and will not be under the influence of any alcohol or drugs or other such substance which may impair my motor skills, judgment, senses and physical or mental ability to operate the Equipment in a safe, prudent and legal manner. I further agree that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the operation of the Equipment and immediately notify the Operator of the potential or actual unsafe conditions. I assume all risk and take full responsibility and waive any claims of personal injury or damage to personal property associated with the Operator, including, but not necessarily limited to use of any facilities, equipment in any manner, form or fashion, and practicing or engaging in any operation of the Equipment, or other related activities.
- Return of the Equipment. The term of this Rental and of this Agreement, and of your responsibilities hereunder, shall continue until such time as we have retaken possession of the Equipment. You agree to return the Equipment to us in the same condition you received it, ordinary wear and tear excepted, on the Return Date, at the Return Time.
- Additional Fees and Charges. You will pay for all damages at the cost of repair plus a 15% administration fee; as well as damages for the loss of revenue from not being able to rent the Equipment to other customers. You will also be charged late fees at an hourly rate of $25 plus HST for every hour, or part thereof you are late in returning the Equipment, plus added damages for lost revenue due to subsequent customers not be able to rent the Equipment as a result of you being late in returning the Equipment.
- You shall remain at all times responsible for the full payment of all fees and charges.
- Taxes, Surcharges & Fees. You also agree to pay all and any applicable taxes, insurance premiums as well as any additional charges in respect of the Rental, which are over and above the rental rate. These may be surcharges and or recovery fees to recover certain costs.
- Credit card Authorization. You acknowledge that all Rentals require a credit card authorization on a valid credit card.
You consent to the reservation, pre-authorizing or setting aside of that estimated total amount at the time of commencement of the Rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your Rental, and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
- Damage to/Loss of the Equipment. You agree that you are responsible and that you will indemnify us for all loss of or damage to the Equipment regardless of cause, or who, or what caused it. If the Equipment is damaged, you will pay our repair or replacement cost. If the Equipment is stolen or lost while you are renting it, and not recovered you will pay us the Equipment’s fair market value before it was stolen. If you repair or have the Vehicle repaired without our consent, you will pay the estimated cost to restore the Equipment to the condition it was in prior to your Rental.
- Up to $500 Security / Damage Deposit (the “Deposit”). You acknowledge and agree that the Deposit shall be used to cure any loss or damage to the Equipment which occurs during the term of the Rental. You understand and agree that the amount of the Deposit may not be sufficient to cover all losses or damages to the Equipment and that in such cases you will be required to indemnify Operator for any and all such excess charges. Some examples which will cause Operator to deduct from the Deposit will include, without limitation:
- In the event of an accident or omission which results in damage to the Equipment, or the seizure of the Equipment and otherwise having the vehicle unavailable by Operator to rent to other customers, all amounts required to repair, replace, service, tow, clean otherwise bring the Equipment back to the rental inventory shall be paid in part or in whole from the deposit.
- Any other damage to the Equipment while in the possession or responsibility of the renter, outside of normal wear and tear, will result in a hold on the deposit until repair amount is determined.
- After the Equipment is returned we will inspect the Equipment.
We will determine what, if any charges are required by us and refund or release any remaining amount of Deposit within 24 hours.
- Rules and Prohibited Use of the Equipment. Certain uses of the Equipment and/or other things you or any person does, or fail to do as the case may be during the validity of this Agreement, will be considered a default of this Agreement. YOU WILL AT ALL TIMES REMAIN LIABLE FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, FEES, IMPOSITIONS ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.
It is a violation of this Rental Agreement if:
- You use or permit the Equipment to be used: 1) by anyone other than you the Customer 2) while under the influence of alcohol and/or a controlled, regulated or prohibited substance and/or while otherwise impaired; 3) for any act or conduct that is in contravention of a law, by-law, rule or regulation; 6) recklessly, negligently or while overloaded, or in a manner in which it was not designed or intended for.
- Fines, Expenses, Costs and Administrative Fees. You shall pay any fines, penalties and court costs for, traffic, toll and other violations, including storage liens and charges. You will also pay a reasonable administrative fee with respect to any violation of the Agreement, such as for repossessing or recovering the Vehicle for any reason.
You agree we may, in our sole discretion, pay any tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus an administrative fee equal to $150.00 plus 20% of the amount of the fine, penalty, charge or levy. You agree and acknowledge that we cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
You agree to indemnify and hold us, and any agent we appoint harmless for any tickets, citations, fines, penalties and administrative fees or liabilities incurred in connection with your acts or omissions, which result in any such liability, whether direct or indirect.
- Additionally, you shall defend, indemnify, and hold us harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner arising for any reason from or related to this Agreement, the Rental or from the use of the Rental Equipment by you or any person during the validity of this Agreement, or while the Rental Equipment is in your possession or care, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. You waive any claim against us for incidental, special or consequential damages in connection with the Rental, including, but not limited to, the injury or death of you or any other person or any damage done to any property in connection with the Rental.
You understand and agree that unless required by applicable law we will
NOT provide:
- Insurance coverage for you / your passengers or anyone you may injure or give cause to make a claim as a result of the Rental by you.
- coverage or compensation for bodily injury to you, or your death, or to any member of your family or the driver’s family;
- If you do not pay all amounts due to us under the Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the Rental of the Vehicle including, without limitation, payment for loss of or damage to the Vehicle , Rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, we will take the following actions: a) You agree to pay a late charge of 2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and reasonable attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”). You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the Rental document, or in any customer profile, as the place to send any demands or collection notices. c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.
- We collect, use and share your personal information (“PI”) with affiliates, licensees and other third parties to: (a) provide and administer the services you request; (b) carry out relevant identity, fraud, security, driving license and credit checks; (c) maintain, develop and improve the administration and management of our services; (d) protect our interests and enforce our rights, including pursuing available remedies or limiting damage that we may sustain; (e) protect the rights, privacy, safety and/or property of you and others; (f) comply with or as permitted by law; and (g) provide you with information about goods and services we think may interest you, unless you opt out. By requesting and using our services, you expressly agree to our collection, use and sharing of your PI for as long as the law allows.
- Severability: If any portion, part or provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of all of the remaining portions, parts or provisions, as the case may be, of this Agreement shall not in any way be affected or impaired thereby.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Nova Scotia and the laws of Canada applicable therein and the Courts of the Province of Nova Scotia shall be the exclusive venue to settle any disputes with respect to this Agreement.
- Other Important Provisions. We may transfer our rights and obligations under these Terms and Conditions to another organization, but this will not affect your rights, obligations or our rights or obligations. You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree to the same expressly and in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so expressly and in writing, and that will not mean that we will automatically waive any other or subsequent default by you. Each of the provisions of these Terms and Conditions operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
WAIVER AND RELEASE FROM LIABILITY
BY SIGNING THIS DOCUMENT YOU ARE WAIVING, RELEASING AND GIVING UP YOUR LEGAL RIGHTS TO SUE THE OPERATOR – YOU MUST READ AND ACKNOWLEDGE YOUR UNDERSTANDING OF THE FOLLOWING IN ITS ENTIRETY BEFORE SIGNING.
I hereby WAIVE AND RELEASE, indemnify, hold harmless and forever discharge
East Coast Rec Rides Inc. (the “Operator”), their agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of any kind and nature, in law or equity, that I ever had or may have, arising from the use or rental of any service or product provided by the Operator, including the rental of the “
Equipment”, or in any other way related to my participation in any of the events or activities conducted by, on the premises of, or offered by the Operator.
I understand that the activities in which I will participate are inherently dangerous and may cause serious injury, including bodily injury and/or damage to personal property or death. I, and on behalf of my estate, personal representatives, executors, caretakers, heirs and assigns, hereby waive all claims for damages, injuries and death sustained to me or my property that I may have against the Operator, including claims in tort, contract, equity or otherwise. This Waiver and Release shall bind all of my heirs, assigns, administrators, executors, and next of kin.
I acknowledge, agree, and represent that I understand the nature of the activities in which I intend to engage, including riding, and that I agree to do so in a safe and prudent manner, am qualified, in good health, and in proper physical and mental condition to participate in such activities and I am not, and will not be under the influence of any alcohol or drugs which may impair my judgment, senses and ability to operate the Equipment in a safe, prudent, and legal manner. I further agree that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activities and immediately notify the Operator of the potential unsafe conditions. I assume all risk and take full responsibility and waive any claims of personal injury, loss or damage to personal property against the Operator, including, but not necessarily limited to use of the facilities, equipment in any manner, form or fashion, and practicing or engaging in any operation of the Equipment, or other related activities on and off the premises of the Operator and further, I agree to indemnify the Operator against any claims advanced as a result of my conduct that causes injury or harm to others, including my negligence while operating the Equipment or using the services offered by the Operator.
The provisions of this WAIVER AND RELEASE will continue in full force and effect for all future rentals and operation of Equipment and/or services, from the Operator as well as any related activities taking place after the termination of the activities conducted by, on the premises of, or for the benefit, or as arranged by the Operator, whether by agreement, by operation of law, or otherwise.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I have signed this WAIVER AND RELEASE freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicate to me. I am at least 19 years of age and mentally competent to enter into this waiver.
Safety Tips and Helmet Regulations
Under Nova Scotia’s
Motor Vehicle Act it is mandatory for folks of all ages to wear a helmet while cycling, skateboarding, scootering, in-line or roller skating. Failing to wear a helmet risks a fine of $151.25 for a first offence. Parents also risk fines if they let their children under 16 do these sports without a helmet. In addition to giving you a ticket if you aren’t wearing a helmet, police have the power to seize your bike, skateboard, scooter, in-line skates or roller skates, and keep them for up to 30 days.
The following safety tips can help minimize your risk of an e-scooter accident and help you travel safely throughout Halifax.
Stay on the right side of the road (or sidewalk)
Just as you would with cars, bikes, and other transportation devices, you must stay on the right side of the road, following the flow of traffic when driving an e-scooter. Doing so will help minimize the potential for an accident to occur and is required for bicycles under Section 171(4) of the
Motor Vehicle Act.
Until the new regulations address the use of e-scooters on the sidewalks, pedestrians have the right of way on sidewalks, so stay to the right and do not hog the entire sidewalk as it can negatively affect those sharing the sidewalk with you. You must also go at a reasonable rate of speed while on the sidewalk to match the flow of traffic and be able to anticipate any sudden movements by pedestrians.
No distracted scooting
Just as you wouldn’t text while riding a bike or driving a car, do not do so while operating your e-scooter. Texting while scooting could lead to you bumping into someone on the sidewalk, hitting a parked car, or colliding with a moving vehicle, all of which could end with a serious injury given the lack of protection you have on an e-scooter. Not only is there potential for injury, operating a cell phone while on a vehicle or personal transporter is seen as an offence under Section 100D(1) of the
Motor Vehicle Act.
Follow typical rules of the road
Habits like looking both ways before crossing a street or ensuring you are looking ahead of you while operating your e-scooter are time-tested methods to ensure you arrive at your destination safely. Until further clarity is provided, following standard traffic rules will help you avoid potential accidents or injury. Always drive with due care, attention, and reasonable consideration for traffic or pedestrians in your path.
Equipment Damage Preauthorization
In the case of damage to the bike, E-Skateboard Scooter, and Stand-up Paddle Bike Board you will be responsible to covering the full cost of any damage that occurs to the bike while your possession. Damages above and beyond Damage Insurance will be charged to the customer.
By submitting your credit card details you understand that it is your responsibility to report any issues with the bike.
Equipment damage preauthorization is as following:
- Ebikes $350
- SUP Bike, and BIG SUP $250
- Scooters $200
- Regular paddle boards $0 (card information required)