1. Definitions. “Agreement” means all terms and conditions found in the contract/form.”You” or “your” means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.”We”, “our” or “us” means the independent business named on the reverse side of this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid motorcycle or scooter driver’s license and , is at least 25 years of age for motorcycles. “Vehicle” means the motorcycle identified in this Agreement and any other motorcycle we substitute for it, and its tires, tools, accessories, equipment, keys and vehicle documents. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset. “Loss of Use” means the loss of our ability to use the Vehicle for any purpose due to damage to it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired, times the advertised daily rental rate.
2. Rental, Indemnity, and Warranties. This is a contract for the rental of the vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied, or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition you receive d it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it until the next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
4. Responsibility for Vehicle Damage or Loss; Reporting to the Police. You are responsible for all damage to or loss of the Vehicle, including the cost or repair, or the actual cash value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for the theft of the Vehicle, loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
5. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy (the “Policy”) that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required by the law of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law.
6. Charges. You will pay us, or the appropriate government authorities, on demand all charges due under this Agreement, including: (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers;(c) optional products and services you purchased;(d) fuel, if you return the vehicle with less fuel than when rented;(e) applicable taxes;(f) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay a traffic or toll charges to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of 100€ for each such charge; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement;(i) a 2% per month late payment fee, or the maximum amount allowed by the law (if less than 2%), on all amounts past due;(j)25€ or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and , (k) a reasonable fee not to exceed 150€ to clean the Vehicle if returned substantially less clean than when rented.
7. Deposit. A security deposit between 500 € to 2.000€ will be required when you are picking up your motorcycle. The security deposit will be deducted against the available balance on your credit card or you can pay it in cash. Once your motorcycle is returned on time and free of damage, the security deposit will be released.
You are responsible for all damages and costs incurred by us as stated in this Agreement. You also understand that the credit card information provided to us, by you, as contained in the “Credit Card *Charge* Authorization” form, is NOT the only form of payment and or collection for any financial amounts owed to us.
8. Motorcycle Damage(s) Breakdown. Damage(s to the motorcycle will be assessed and charged to the Renter as they fall under the following categories; (1) 300€-a single or multiple scratch(s) 1/2 inch or greater anywhere on the motorcycle (each), side bag and/or tour pack lock damage (each), damaged or missing fog lights, horn, air filter cover(s), foot peg (each), foot controls (each), electric control(s), brake line(s) and or throttle cable(s). (2) 500€- damaged or missing headlight(s), instrument gauge(s) and or panel, and head light assy. (3) 700€- scratch(s) greater than 1 inch anywhere on the motorcycle (each), damaged or missing exhaust if such system found on the motorcycle is equal to or less than 700€ euros. (4) 1.000€-damaged or missing exhaust if such system found on the motorcycle is greater than 700€, and all damaged or missing items not listed in the prior categories will be assessed to the full amount. *ALL CHARGES FOR DAMAGED OR MISSING ITEMS WILL BE ASSESSED BE AMERICAN RIDER MANAGEMENT* IT WILL BE THE SOLE DISCRETION OF AMERICAN RIDER MANAGEMENT TO DETERMINE THE VALUE OF ANY SUCH DAMAGE OR LOSS OF ITEMS AND BUSINESS.*
9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
10. Breach of Agreement. The acts listed on paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.
11. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
12. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of the vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
13. ACKNOWLEDGMENTS AND ASSUMPTION OF RISK. American Rider(“Rental Operator”) has agreed to rent to me and/or has agreed to permit me to operate or ride on a motorcycle owned by Rental Operator (the “Motorcycle”). The term “Motorcycle” means the motorcycle specified on the Rental Agreement, any replacement motorcycle, and all tiers, tools, accessories, equipment and Plates.
-I fully understand and acknowledge that operating or riding on a motorcycle is an activity which has its own unique risks and that serious injury or death could result from operating or riding on the “Motorcycle” through no fault of my own. I EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENTS OF PERSONAL INJURY, INCLUDING DEATH, WHICH I MIGHT SUFFER AS A RESULT OF MY OPERATING OR RIDING ON THE MOTORCYCLE.
-If I am the operator of the “Motorcycle”, I possess the skill, knowledge, confidence, and experience on motorcycles the size of the “Motorcycle” to operate the “Motorcycle” in a safe manner, and I hold a current valid motorcycle operator’s license in the state and/or country in which I reside.
-I am not under the influence of alcohol, drugs, other illegal substances, or any medications at this time, which may impair my judgment or ability to operate or ride on the “Motorcycle”. I agree that I will not operate or ride on the “Motorcycle” while under the influence of alcohol, drugs, other illegal substances or such medications.
-I have examined the “Motorcycle” and have been given an opportunity to ask questions regarding the operation of or riding on the “Motorcycle”. I am satisfied that the “Motorcycle” is in good condition and that I fully understand how to operate or ride on the “Motorcycle”.
-I will not allow any other person to operate or ride on the “Motorcycle” for any reason unless he is specifically permitted to do so by “Rental Operator”. I will only operate or ride on the “Motorcycle” on public highways and roads.
-If I am the operator of the “Motorcycle”, I agree to personally confirm that all passengers have signed and agreed to the terms of a “Motorcycle Passenger Release of Liability” and an “Acknowledgements and Assumption of Risk” before I allow them to ride on the “Motorcycle”.
Accurate Head Measurement
I understand that, using a tape measure, I should measure around my 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 helmet size for me. I acknowledge that the accurate fitting of my motorcycle helmet is of utmost importance. A poorly fitting helmet will give much less protection , or may even part company with my head in the even of an accident.
I have fastened my chinstrap and ensured that the helmet does not slip from side to side. 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 size. Helmet linings almost always compress, so a new helmet on first fitting should feel a little tighter than snug.
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 3/4 Small 6 7/8
56 22 1/8 6 7/8 Medium 7
57 22 1/2 7 Medium 7 1/8
58 22 7/8 7 1/8 Med/Large 7 1/4
59 23 1/4 7 1/4 Large 7 3/8
60 23 3/4 7 3/8 Large 7 1/2
61 24 1/4 7 1/2 X-Large 7 5/8
62 24 1/2 7 5/8 X-Large 7 3/4
63 24 7/8 7 3/4 XX-Large 7 7/8
I acknowledge that it is my responsibility to determine which helmet size best fits my head and that the “Rental Operator” is NOT responsible to determine my proper helmet size. The conversion chart provided above and any assistance provided by the “Rental Operator” in choosing a proper fitting helmet are not a substitute for me determining My proper helmet size by trying on helmets and feeling the fit of the helmet. If the “Rental Operator” has provided me a helmet, I acknowledge that the “Rental Operator’ has provided me with the helmet size I requested and that the helmet fits me properly. If I am using a helmet provided by me or any person other than the “Rental Operator”, I acknowledge that the helmet fits me properly.
I agree to wear at all times, and, If I am the operator of the “Motorcycle”, I will require any “Passengers” on the “Motorcycle” to wear at all times, a properly fitted motorcycle helmet (my own or one provided by “Rental Operator”) that has been approved by the CE or D.O.T. (or, if outside the U.S.A., the appropriate local government authority).
14. MOTORCYCLE RENTER/PASSENGER RELEASE OF LIABILITY. I, the undersigned, on my behalf and on behalf of my heirs, personal representatives, successors and assigns (collective “Heirs and Assigns), in consideration of the rental of a motorcycle from and/or the permission to ride a motorcycle (the “Motor cycle”) owned by AMERICAN RIDER (the “Rental Operator”), RELEASE AND DISCHARGE the Rental Operator, Harley-Davidson, Inc., Harley-Davidson Motor Company Group, Inc., Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Big Dog Motorcycles, Inc., and each of their respective affiliates, subsidiaries, officers, directors, employees, dealers, distributors, and agents (the “Release d Parties”) from ANY AND ALL CLAIMS, DEMANDS, RIGHTS AND CAUSES OF ACTION (“Claims”) OF ANY KIND WHATSOEVER WHICH I OR ANY OF MY HEIRS AND ASSIGNS NOW HAVE OR LATER MAY HAVE AGAINST ANY RELEASED PARTY RESULTING FROM OR ARISING OUT OF MY RENTAL OR ANY USE BY ANY PERSON OF THE MOTORCYLCE, REGARDLESS OF WHETHER SUCH CLAIMS RELATE TO THE DESIGN, MANUFACTURE, REPAIR, OPERATION OR MAINTENANCE OF THE MOTORCYCLE OR THE CONDITIONS UNDER WHICH THE MOTORCYCLE IS USED.
I acknowledge that any passenger NOT present to sign the “Terms & Conditions” is strictly forbidden to participate with this rental. The decision to allow any passenger not present when this Agreement is signed, will be the sole responsibility of the “Renter” and he/she assumes all responsibility for that passenger in the event of physical harm and/or loss of life.
I acknowledge and understand that this Release EXTENDS TO ANDRELEASES AND DISCHARGES ANY AND ALL CLAIMS I or any of my Heirs and Assigns have or may have against the Released Parties arising out of my rental or any use by any person of the Motorcycle, including without limitation all such Claims resulting from any Claims now exist or hereafter arise or are known or unknown, contingent or absolute, liquidated or un-liquidated or foreseen or unforeseen or arise by operation of law or otherwise.
I acknowledge and understand that by signing this Release I and my Heirs and Assigns AGREE NOT TO SUE any or all of the Released Parties for any injury or death to myself, my property, any other person or such person’s property resulting from or arising out of my rental or any use by any person of the Motorcycle.
I acknowledge that I have been advised of and agree to waive on my behalf and on behalf of my Heirs and Assigns, and fully understand the effect of such waiver, all benefits flowing from any Florida statute or the statute of any other state which would otherwise limit the scope of this Release.
By signing this Release, I certify that I have read this Release and fully understand it, that I am NOT relying on any statements or representations of any of the Released Parties and that I have been given the opportunity and sufficient time to read and ask questions regarding this Release.
To the extent of the scope of this Release is unenforceable in any jurisdiction, such scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this Release enforceable in such jurisdiction, without invalidating any other portion of this Release.
15. ABANDONMENT OF MOTORCYCLE. The customer is fully responsible for any injury, incident or problem of the motorcycle during the rental period and the customer is responsible for returning the motorcycle in the same conditions under which the customer received the vehicle, in the same place where the customer rented (always in working hours) and returned at the appointed time.. Customer understands and acknowledges that during the rental period, the motorcycle should be treated as if it were his own motorcycle, and the customer will be fully responsible for it.
Customer agrees that always has to return the motorcycle in the localization of AR and always during working hours, no matter what happens. If so, the client will be responsible for all the damage that may have the motorcycle and agrees to pay them fully.
American Rider considers that the customer has left or abandoned the motorcycle, if the customer does not return the motorcycle on the location of American Rider in working hours or if the customer leaves the motorcycle in the location of American Rider outside working hours. In this case American Rider understood that the motorcycle has been abandoned or stolen by the client and report the crime to local and federal Authorities, Police, and also the Customs and Immigration services.
16. EXTENSION OF THE RENTAL PERIOD. If the client wishes to extend the rental period of the motorcycle, it may not, without communicating it to an agent of American Rider. For this expansion of the rental period can be made, must be approved by American Rider and the customer must pay the full amount of the extension.
If the client wishes to extend the rental period on their own, without informing and without the permission of American Rider, or without paying in advance; American Rider considers that the motorcycle was stolen and abandoned or proceed to inform the relevant authorities. Similarly, American Rider will be charged the full amount of the reserve that the motorcycle has for another client, if it exists.
Remember that it is possible that your motorcycle, be reserved for another customer and shall not extend your rental period. In this case, Ar will offer the option of changing motorcycle, subject to availability. If in doubt, return to the location and speak with one of our agents, who tried to help.
17. LATE RETURN. The customer must return the motorcycle at the appoiment time, and only will be allowed a delay of 15 minutes maximum. In case of delay, the first thing to make the client to communicate that the motorcycle will return late.The client must inform the delay before the end of his term rental and always during working hours.
If we have not received notice of delay, maximum one hour after the estimated time of return and always during working hours, American Rider understood that the motorcycle has been stolen or disappeared by the customer and to report the crime to local and federal authorities, police, (also the customs and immigration services when customers are not local residents). In this case, father charged the total amount of deposit
18. LATE FEES. In case of delay the customer agrees to pay the following fees:
-If the delay is between 15 and 60 minutes late, the customer agrees to pay 50 €.
-If the delay is between 60 minutes and 2 hours late, the customer agrees to pay 75 €.
-If the delay is between 2 and 4 hours late, the customer agrees to pay 100 €.
-If the delay is 4 hours or more, the customer agrees to pay 100 € has more than 50 € for each additional hour
19. ROAD ASSISTANCE , FLAT TIRE AND PROBLEMS DURING THE RENTAL PERIOD. If the motorcycle is damaged, incident or have any problem during the rental period, AR can provide (subject to availability) a replacement motorcycle, but not the return of money.
The customer is fully responsible for any damage to the motorcycle during the rental period, including punctured tires, battery discharge, or any other incident. In either case, the client agrees to pay the full cost of the vehicle repair.
The customer agrees to pay the full amount of the expenses incurred in the following cases:
Theft or vandalism ON THE MOTORCYCLE POLICE TOWING, POLICE TICKETS or parking, TOLLS, FLAT TIRE DAMAGE OR FUEL SERVICE, BATTERY, LOST KEYS.
Incorrect use of clutch, burning tires and other problems resulting from incorrect use of the motorcycle by the customer
If the problem occurs in off-hours and does not correspond with any problems or incidents listed above, the client agrees to look for roadside assistance necessary to return the vehicle to American Rider.
If the customer finds a problem or issue on the motorcycle, after leaving the location of American Rider, must stop immediately and contact a dealer of American Rider (during working hours) or with some assistance service, which will give the necessary instructions. If you continue riding the motorcycle with a problem, can cause major damage or be dangerous to yourself, passengers or third parties.Just continue riding the bike with problems, if not a risk to you, the passenger or third parties or has assurance that it will not cause major damage to the motorcycle.
Customer acknowledges and agrees that the insurance is valid only during the exact period agreed rental. After this time, there is no coverage and the customer is committing a crime, since there is no coverage for damage or injury to the motorcycle or third party. In case of delay the customer must notify the RA can delay for a new insurance contract.
The customer is responsible for checking engine oil levels at each refueling and reporting mechanical failures immediately. Instructions and procedures for maintenance expense reimbursement are provided at pick-up. Customers may be held responsible for mechanical damage due to negligence in motorcycle operation or failure to provide normal maintenance.
20. CANCELLATION AND REFUNDS. All reservations are final and non-refundable. A reservation may be cancelled up to 30 or more days prior to the pick-up date with no cancellation penalty. 30% of the total will be applied towards cancellation fee if the booking is canceled between 30 - 21 days from pickup time. 50% of the total will be applied towards cancellation fee if the booking is cancelled between 20 - 11 days from the pick-up time. 100% of the total will be applied towards cancellation fee if the booking is cancelled within 10 days from pickup time or if the customer does not show up.