Bike Borrowing Agreement
Library Card Number: 2100000_____________________________
The Camrose Public Library loans bicycles on the following terms and conditions:
The Camrose Public Library will only loan bicycles to those patrons ages 18 and older.
You (the person named above, i.e. BORROWER) are responsible for the bike from the time you take possession of it until it is returned in keeping with this agreement. You agree that you will be the only person who rides this borrowed bike. You agree that the rental bike will remain in your possession at all times.
If the rental bike is lost, stolen, or damaged, you are responsible for its full replacement value, estimated to not exceed $200.00 (Canadian) and for any and all other fees, claims, expenses, or obligations to persons or property during the term of this agreement. You are obligated to contact us immediately in the case of any borrowed bike loss, damage, mechanical failure, or abnormality.
You recognize that cycling is an inherently dangerous activity and requires the rider to be experienced, law abiding, and defensive. Camrose Public Library strongly recommends that cyclists ride in a group and carry insurance card and emergency contact information with you while riding.
If you are injured or injure anything or anyone during the term of this agreement, you are fully and solely responsible for all associated claims, obligations, and liability. Camrose Public Library does not offer nor provide any insurance or other assurances, services, or protection.
- Insurance. You are responsible for carrying your own travel, health, and dental insurance to cover personnel medical care in the case of accident, loss due to cancellation, and any third party liability that may arise from the use of this bike by BORROWER. No coverage is available from the Camrose Public Library to insure you or the bike from loss in the case of damage, theft, or other liability incurred in the use of the borrowed bike.
- Use of the Borrowed Bike. You are aware that many roads are poorly maintained and may have blind corners and are aware that such hazardous conditions do exist and you agree to operate the borrowed bike in a safe manner for all road conditions. Furthermore, it is the responsibility of the BORROWER to operate the borrowed bike in a manner appropriate to any and all prevailing road and weather conditions including but not limited to the following:
- BORROWER recognizes that helmet laws in Alberta require all minors (under age 18) to wear a helmet while operating a bicycle. The Camrose Public Library recommends that all BORROWERS wear a bicycle helmet while riding borrowed bikes.
- BORROWER knows the relevant rules of the road and practices safe cycling.
- BORROWER has experience operating a bike similar to the borrowed bike.
- BORROWER will operate the bike only during daylight (from sunrise to sunset) (borrowed bike is not proved with lights for nighttime riding)
- Theft, Loss, Damage, Deposit. You are responsible for any and all damage to your borrowed bike. This includes but is not limited to any form of loss, theft, or damage to the borrowed bike, you, other persons, and property.
- Release and Waiver of Claims. BORROWER does hereby remise, release, and forever discharge Camrose Public Library, owners, personnel, agents, representatives, successors, and assigns (and all of their heirs, executors, administrators, and personal representatives) of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which BORROWER ever had, now has, or which BORROWER’S heirs, executors, administrators, or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the borrowed bike; or in any way arising out of the borrowing relationship between BORROWER and Camrose Public Library.
BORROWER hereby releases Camrose Public Library and its agents and employees from and against any and all liability arising during the borrowing period. BORROWER acknowledges that they are aware of the risks involved with cycling including but not limited to physical exertion, forces of nature, accidents, travel via any mode of transport, adequacy of medical facilities, or negligence (other than willful or fraudulent) on the part of employees, agents, or other of Camrose Public Library.
- Terms. BORROWER acknowledges and agrees that Camrose Public Library maintains no control over the operation of the borrowed bike by the BORROWER. Accordingly, Camrose Public Library assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of:
- Any wrongful, negligent or accidental acts or omissions on the part of the BORROWER or the BORROWER’S agents;
- Any defect in or failure of any vehicle, equipment, or instrumentality owned, operated, or otherwise used by the BORROWER; or
- Any wrongful or negligent acts or omissions on the part of any other party not under the e control, direct or otherwise, of Camrose Public Library.
BORROWER agrees to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake.
BORROWER agrees that the terms herein are binding on them, their family members, heirs, successors, assigns, dependents, and/or minors accompanying them, and their legal representatives.
BORROWER acknowledges and agrees that Camrose Public Library and its agents have the right to refuse participation by any person for any or no reason. Any dispute arising out of these matters whatsoever, shall be resolved in binding arbitration/adjudication in Camrose under the laws of the Province of Alberta. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder. This Agreement shall be governed and construed in accordance with the laws of Alberta (excluding the laws applicable to conflicts or choice of law).
- Equipment Supplied. Each borrowed bike is loaned without any additional equipment. Camrose Public Library is not responsible for any loss of or damage to client supplied equipment howsoever occasioned.
- Limited Liability. Camrose Public Library’s liability for damages for any cause, regardless of the form of any claim or action, shall not exceed $200.00 CAMROSE PUBLIC LIBRARY PROVIDES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NO LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Collection Costs and Prevailing Party. If for any reason, Camrose Public Library is required to engage an attorney or collection agency to collect any amounts that are due it under this agreement, and Camrose Public Library is successful in such action, BORROWER agrees to reimburse CAMROSE PUBLIC LIBRARY for all costs and reasonable attorney’s fees incurred by CAMROSE PUBLIC LIBRARY in connection with enforcing its payment rights. The non-prevailing party shall indemnify the prevailing party for all reasonable expenses incurred in prosecuting any dispute, including but not limited to, attorney’s fees.
- Return Policy. You must return the borrowed bike on the agreed upon date/time at the agreed upon location. Remember to return the bike in the condition you received it to avoid additional charges. Additional fees may apply for excessive cleaning and/or repairs beyond normal wear and tear.
- Late Return Payment Policy. Should the borrowed bike be returned late then you may be responsible for late fees plus any additional costs that may be incurred by Camrose Public Library as a result of your late return.
I have read and understood this Camrose Public Library BORROWER Agreement and agree to abide by its terms and conditions.
A copy of this agreement will be kept on file at the Camrose Public Library. All subsequent borrowing of the bikes will abide by this agreement, but will only require that the transaction be recorded in the library database.