YOU MUST BE OLD ENOUGH TO ENTER INTO A LEGAL CONTRACT WITH SESSIONS OUT DOOR SPORTS INC., IN ORDER TO RENT A VEHICLE. SESSIONS OUTDOOR SPORTS INC, AND THEIR AFFILIATES CAN NOT BE HELD RESPONSIBLE FOR RENTALS MADE ON ANOTHER PERSONS BEHALF. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE SHARE BY SESSIONS VEHICLES AND AS SUCH, ANY AND ALL RENTALS MADE BY A PERSON OR GUARDIAN FOR A CHILD MAY RESULT IN BEING BANNED FROM FUTURE SERVICE.

Equipment Rental Agreement

IN CONSIDERATION OF the mutual covenants and promises in this agreement, the receipt and sufficiency of which consideration Is hereby acknowledged, the Lessor leases the Equipment to the Lessee, and the Lessee Lease the Equipment from the Lessor on the following terms.  

Definitions 
1) The following Definitions are used but not otherwise defined in this agreement 
1) “Casualty Value” means the market value of the Equipment at the end of the term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty value may be less than but will not be more than the original purchase price of the equipment.  
2) “Equipment” means, The vehicle and all accessories equipped at the time of the rental 
3) “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the equipment. 

Lease 
2) The Lessor agrees to lease the Equipment to the Lessee, and the lessee agrees to lease the Equipment from the Lessor in accordance with the terms set out in this agreement.  

Rent and Deposits 
3) The rent for the Equipment, inclusive of GST and PST will be paid immediately following the rental period 

4) The Lessee will pay a deposit of $300 and leave a copy of their credit card information before taking possession of the equipment. The Lessor will refund the deposit to the Lessee at the end of the Term provided that the Lessee has performed all the Lessee’s obligations under this Agreement. The credit card holder must be present to verify the identity of the card holder by means of government issued personal identification. If The card holder cannot be present the agreement will be voided.   
 
Use of Equipment 
7) The lessee will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law, whether local, provincial, or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.  

8) The Lessee will use the Equipment for the purpose for which it was designed and not for any other purpose 

9)Unless the Lessee obtains prior written consent of the Lessor, the Lessee will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.  

Repair and Maintenance of Equipment 
10) The Lessee will, at the Lessee’s own expense, keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear expected. The lessee will supply all parts that are necessary to keep the Equipment in such a state. 

11) If the Equipment is not in good repair, appearance, and condition when it is returned to the Lessor, the Lessor may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear expected. The Lessor will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Lessee written notice of and invoices for the said repairs. Upon receipt of such invoices, the Lessee will immediately reimburse the Lessor for the actual expense of those repairs.  

12) The Lessee may, but is not obligated to, enforce any warranty that the Lessor has against the supplier or manufacturer of the Equipment. The Lessee will enforce such warranty or indemnity in its own name and at its own expense.  

Warranties 
13) The Equipment will only be used for its intended purpose listed below.  

14) The Equipment will be in good working order and condition at the time the Lessee takes possession, The Lessor must make any claims of damage or insufficient performance prior to completing this Agreement.  

15) The Equipment is of merchantable quality and is fit for the purposes that it in ordinarily used.  

Loss and Damage 
16) To the extent permitted by law, the Lessee will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.  

17) If the Equipment is lost or damaged, the Lessee will continue paying Rent, will provide the Lessor with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance, and condition.  

18) In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lessee.  

Ownership, Right to Lease and Quiet Enjoyment 
19) The Equipment is the property of the Lessor and will remain the property of the Lessor 

20) the Lessee will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.  

21) The Lessor warrants that the Lessor has the right to lease the Equipment according to the terms in this Agreement 

22) The Lessor warrants that if no Event of Default has occurred, the Lessor will not disturb the Lessee’s quiet and peaceful possession of the Equipment or the Lessee’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.  

Surrender 
23) At the end of the Term or upon earlier termination of this Agreement, the Lessee will return the Equipment to the pre-agreed drop off location (Written). If the Lessee fails to return the Equipment, the Lessee will pay to the Lessor any unpaid Rent for the Term plus the Casualty value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Lessee.  
 
Insurance 
24) No insurance coverage for the Equipment is required under the Agreement. 

Indemnity 
25) The Lessee will indemnify and hold harmless the Lessor against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees and costs, arising out of, or related to the Lessee’s use of the Equipment.  

Default 
26) The occurrence of any one or more of the following events will constitute an evet of default (“Event of Default” under this Agreement: 
1) The Lessee fails to pay any amount provided for in this Agreement when such amount is due  
or otherwise breaches the Lessee’s obligations under this Agreement. 
2) The Lessee becomes insolvent or makes an assignment of rights or property for the benefit of         
the creditors or files for or has bankruptcy proceedings instituted against it under the Federal  
               bankruptcy law of Canada or another competent jurisdiction. 
3) A writ of attachment or execution is levied of the Equipment and is not released or satisfied  
within 10 days.   

Remedies 
27) On the occurrence of the Event of Default the Lessor will be entitled to pursue any one or more of the following remedies (the “Remedies”) 
 
               1) Declare the entire amount of the Rent for the Term immediately due and payable without 
notice or demand to the Lessee.                                                              

  2) Apply the Deposit toward any amount owing to the Lessor. 

  3) Commence legal proceedings to recover the Rent and other obligations accrued before 
and after the Event of Default.    

4) Take possession of the Equipment, without demand or notice, wherever same may be located, 
without any court order or other process of law. The Lessee waives any and all damage 
occasioned by such taking of possession. 

5) Terminate this Agreement immediately upon written notice to the Lessee. 

6) Pursue any other remedy available in law or equity 

Assignment 
28) THE LESEE WILL NOT ASSIGN THIS AGREEMENT, THE LESSEE’S INTEREST IN THIS AGREEMNT OR THE LESSEE’S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR. 

29) If the Lessee assigns this Agreement, the Lessee’s interest in this Agreement or the Lessee’s interest in the Equipment without prior written consent of the Lessor, the Lessor will have recourse to the Remedies and will be entitled to all damages caused by the assignment. 

30) THE LESSOR WILL NOT ASSIGN THIS AGREEMENT, THE LESSOR’S INTEREST IN THIS AGREEMENT OR THE LESSOR’S INTERST IN THE EQUIPMENT WITHOUT PRIOR WRITTEN CONSENT OF THE LESSEE. THE LESSOR WILL NOT ASSIGN OR TRANSFER THE LESSOR’S RIGHT TO COLLECT RENT OR ANY OTHER FINANCIAL OBLIGATION OF THE LESSEE.  

31) If the Lessor assigns this Agreement, the Lessor’s interest in this Agreement or the Lessor’s interest in the Equipment without prior written consent of the Lessee, the Lessee will be entitled to terminate this Agreement without penalty. 

Entire Agreement 
32) This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of the Agreement will not be binding on either Party except to the extent incorporated in this Agreement. 

Address for Notice 
33) Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses 

Lessor: SESSIONS OUTDOOR SPORTS INC, 7214 97TH STREET OSOYOOS BRITISH COLUMBIA V0H 1V5 

Payment 
34) All dollar amounts in this agreement refer to Canadian Dolars, and all payments required to be paid under this Agreement will be paid in Canadian dollars unless the Parties agree otherwise.  

Interpretation 
35) Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.  

Governing Law 

36) It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of British Columbia without regard to the jurisdiction in which any action or special proceeding may be instituted.  

Severability 

37) If there is a conflict between any provision of this Agreement and the applicable legislation of the Province of British Columbia (the “Act”), the Act will prevail, and such provisions of the Agreement will be amended or deleted as necessary to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.  

38) In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.  

General terms.  

39) This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. 

40) Time is of the essence in this Agreement.  

41) this Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns, as the case may be, of each Party to this Agreement.  

42) Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.  

Notice to the Lessee 

43) NOTICE TO THE LESSEE: This is a lease you are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.  

By accepting, I (the Lessee) acknowledge that: 

1. I have read the above Agreement and consent to the terms therein.   

1. I have been adequately informed and have a solid understanding of the functions of the Equipment and the accessories associated with their operation. And that it is my responsibility to ensure all subsequent party members accompanying me are informed in the function and safe usage of the equipment that was provided to us.  

1. The vehicles are provided as is, and I am responsible for their usage during the rental period, and that running out of battery charge is not a reason for refund or dispute of the rental charges.  

1. Rental Equipment will not be considered “Returned” until it has been returned to the original place of rental, plugged into a charger and a photograph posted in the Share by Sessions Ap 
    (See section 23 “Surrender”) 

1. Vehicles are only to be used between the hours of 8am and 11pm and as such must be returned prior to 11pm (23:00)  

1. In the event of a late return that compromises another’s “Right to Lease and Quiet and Enjoyment” the Lessee will be responsible for any and all income lost as a result.  

Liability and personal safety

Release of liability, waiver of claims, assumption of risks and indemnity agreement

(Herein after the “Release Agreement”)

If you are new to cycling or if you are signing this Release Agreement as the parent or Guardian of a younger rider, please take the time to review this document carefully and familiarize yourself with the cycling activities in the area. Injuries are a common and expected part of cycling. Any riders that are not comfortable performing the basic maneuvers required to safely operate a bicycle should consider alternate activities. Please refer to the “how to ride” found at the following URL
https://www.sessionsoutdoorsports.ca/share-by-sessions-how-to-ride section for more information about cycling in your district.

notice to riders, parents and guardians

To: SESSIONS OUTDOOR SPORTS INC, and their directors, officers, employees, agents, independent contractors, subcontractors, participants, sponsors, promoters, and advertises involved in the Equipment rentals and activities provided in the South Okanagan. (All of whom are hereinafter collective referred to as “THE RELEASEES”)

DEFINITIONS In this Release Agreement, the term “cycling” all include all activities, events, services, or use of facilities provided, arranged, organized or conducted by the Releasees including but not limited to: Cycling; Bike descents; Wine Touring; Bicycle camps; use of trails and roads; guided cycling activities; races; competitions; demonstrations and events; orientation and instructional courses and sessions; big air contests, giant slalom, dual slalom, downhill and biker cross events; BMX courses and races; use of mountain boards, mountain scooters; electric scooters; diggers, or any other type of wheeled self-propelled or electric assist conveyance; all other related activities, events or services.

ASSUMPTION OF RISKS Injuries are a common and expected part of cycling. Cycling in the South Okanagan take place on Steep and rugged terrain, extreme temperatures, and features that are both physically and technically challenging and will expose the rider to many risks, dangers and hazards. These include but are not limited to: Changing weather conditions, mechanical failure of Equipment; falls; loss of balance; high speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines extreme variation in cycling terrain including steep or slipper sections, trees, roots, tree stumps, bridges, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other cyclists, vehicles, pedestrians, spectators and officials; encounters with domestic and wild animals including, dogs, bears, wild cats, snakes; negligence of other rides or facility users; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM RISKS, DANGERS AND HAZARDS OF CYCLING IN THE SOUTH OKANAGAN.

SAFETY I have been advised to wear an approved helmet and other protective equipment, long sleeve shirt and pants for general cycling, elbow/forearm and knee shin armour when free riding or down-hilling. Use of a helmet is Mandatory in British Columbia. Please refer to the “Stop – Read this” Sign Cyclist responsibility code and bicycle check list for further safety information.

COMPETITIONS I acknowledge that the risks, dangers and hazards of Cycling, Road Riding, and Mountain biking are increased during races, competitions and contests, due to the competitive nature of the activity and the fact that there will be other participants on the course, road, or trail. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.

I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING, ROAD CYCLING, LEISURE BIKING, AND ELECTRIC BIKE USAGE, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVERS OF CLAIMS AND INDEMNITY AGREEMENT In consideration of my participation in Cycling and my use of services, equipment and facilities in the South Okanagan, and for other good and valuable consideration the receipt and sufficiency of which is acknowledged, I

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the futures again the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in cycling, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER LIABILITY ACT, ON THE PART OF THE RELEASEES. I UNDERSAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD AND PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF CYCLING AS REFERRED TO ABOVE;

hereby agree as follow:

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASES for any and all liability for any property damage, loss or personal injury to any third party resulting in my participation in cycling; 3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; 4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and 5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Province of British Columbia. In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Cycling, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO HAVING SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES

Stop - Read this!

Important information about Cycling in your area.

Cycling inherently involves the risk of injury. You control the degree of risk you will encounter in using the roads, trails and features. · Do no attempt any roads, trails or features unless you have sufficient ability and skill to do so safely. Always ride in control and within your ability level · Helmets are mandatory in British Columbia, Padding is highly recommended for mountain biking, and long sleeve shirt and pants are suggested for Leisure and Electric bike rides. · All inexperienced riders under the age of 13 should be accompanied by a consenting adult while riding roads, trails and features while cycling. · Beware of changing conditions on the roads, trails and features. It is your responsibility to inspect features and trails before using them. · Stay off access roads. Stop at all road crossings that are labelled with a stop sign. · When riding on the road, always travel in the direction of traffic, in single file, in the bike lane or close to the shoulder if one is not available to you.

YOU ASSUME THE RISK OF ANY INJURY THAT MAY OCCUR WHEN CYCLING. SESSIONS OUTDOOR SPORTS INC LIABILITY FOR ANY INJURY OR LOSS IS EXCLUDED BY THE TERMS AND CONDITIONS PROVIDED IN THE RELEASE AGREEMENT.

1. Stay in control at all times. It is your responsibility to avoid other persons and objects around you.
2. Do not stop where you obstruct a road, trail or feature or are not visible from above.
3. When entering a trail or road you must always yield to other riders in motion
4. Please assist if you are involved in or witness a collision or accident and identify yourself to the first responders.
5. Keep off closed areas and obey all signs and warnings.
6. Do not ride if your ability is impaired through the use of drugs or alcohol.
7. Hiking on dedicated cycling trails is not permitted.
8. Do not Cycle on dedicated pedestrian foot paths, or sidewalks
9. Do not feed, provoke or approach wildlife.
10. Do not approach, harass or interact with livestock.

Cyclists Responsibility Code

KNOW THE CODE – BE SAFETY CONCIOUS IT IS YOUR RESPONSIBILITY

(PERFORM ALL CHECKS THAT ARE PERTINENT TO THE USAGE OF THE EQUIPMENT YOU HAVE BEEN PROVIDED)

Equipment Check List

1. Ensure your helmet is in good shape and properly adjusted.
2. Inspect Equipment for Cracks and damage or dented areas.
3. Ensure you have sufficient brake pad to stop while descending.
4. Front and rear axles (skewers) should be tight
5. Headset and stem must be secure with no looseness or play.
6. Check that your tires are in good condition, with no tears or cuts I the sidewall.
7. Handlebar and handle grips must be tight and unable to spin. Seat and seat post need to be fastened securely.