Chile Pepper Bikes LLC Bike Rental Agreement and Release of Liability

I, the undersigned, and if a minor, my parent/guardian and I (collectively “I” or “my”), in consideration of renting a bike from Chile Pepper Bikes LLC and, if applicable, a helmet (“Rental Equipment”) expressly accept, agree and understand the following:

Release of all Liability (Including Negligence). To the fullest extent allowed by law, I agree to fully release Chile Pepper Bikes LLC, and their respective owners, affiliates, insurance carriers, agents, employees, representatives, assignees, members, partners, officers, directors, shareholders, and the manufacturers and distributors of the Rental Equipment (collectively the “CPB”), from all liability for damages, injuries or claims, including any from the negligence of CPB to myself or any other person or property, that in any way results in whole or in part from rental and use of the Rental Equipment. I agree that this release includes any and all claims alleging any negligence, negligent misrepresentation, premises liability, product liability, design, manufacture, or express or implied warranties, and any other theory of liability.

Acknowledgement of Risks. Bicycling entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include among other things: falling, collision, striking obstructions or other persons, unsafe speed of travel for conditions, head injuries, equipment failure or defect, misuse of equipment, failure to follow instructions or manufacturer’s recommendations, inadequate instructions, overestimation of abilities, weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion), dehydration, and highway or roadway vehicles.

No Lawsuit/Hold Harmless. To the fullest extent allowed by law, I agree not to sue CPB and I voluntarily release, forever discharge, and agree to indemnify and hold harmless CPB from any and all claims, demands, or cause of action which are in any way connected with my participation in this activity or my use of CPB’s equipment or facilities, including any such claims which allege negligent acts or omissions or claimed negligent misrepresentation(s) of CPB. I agree not to file any lawsuit against CPB for any physical, psychological, or emotional injury, paralysis, death, or damage to myself or to property that may result from my rental or use of a bicycle from CPB or that may result from any advice, guidance or instruction given by CPB regarding trails or the operation of the bicycle, and to indemnify CPB and hold them harmless for any damages, injuries, judgments or lawsuits, resulting in any way from rental and use of the Rental Equipment. I agree that my obligation not to sue, indemnify and hold CPB harmless applies even if CPB is negligent and includes payment of all attorneys’ fees and cost incurred by CPB. I agree that my obligation not to sue and to release, indemnify and hold harmless extends to my family members, heirs, assigns and successors in the event of my death. I agree that if any lawsuit is filed against CPB, it shall be filed in Utah’s Grand County, Seventh District Court and that Utah law shall apply.

Damage or Loss to Rental Equipment. I agree that I am fully responsible for all damage to or loss of any Rental Equipment and agree to pay for all repairs or for the cost of the Rental Equipment if lost or stolen at full retail value. This includes any damage during transport or damage done to any vehicle during transport. I agree that there are no express or implied warranties of merchantability or fitness for purpose provided, and I accept the Rental Equipment “AS IS.” I will fully inspect all Rental Equipment for proper operation.

By signing below, I also agree and acknowledge that: (i) I have test ridden the rental bike(s); (ii) the rental bike(s) is in good mechanical condition and operating properly; (iii) I understand the function of the Rental Equipment; and (iv) all instructions on the use of the Rental Equipment have been made clear to me and I understand the function of the Rental Equipment. Such instructions include, but are not limited to: (i) bike(s) size selection and adjustment; (ii) general Rental Equipment operation; (iii) quick release mechanisms, if applicable; (iv) brakes and gear mechanisms; (v) tire pressure; (vi) shock adjustment; and (vii) helmet(s). If I experience any mechanical problems, then I agree to stop using the equipment immediately and seek repairs.

If a HELMET is being furnished, I understand that no headgear can protect against all foreseeable impacts, that riding a bike can expose the user to forces which exceed the limits of protection offered by this helmet, and that helmets do not guard against injury to the neck, spine, face or any other part of the body, and that these features are inherent risks of using the Rental Equipment. Helmets must be properly fitted to each user, and I agree that this helmet has been properly fitted by the provider. I warrant that the helmet is comfortably snug and that when I fasten the chin strap and shake my head there is no significant movement of the helmet. I agree if the helmet is damaged or involved in an accident, I will stop using it, return it to the shop and report it.

Persons under the age of 18 are required to have a Parent or

Legal Guardian (Responsible Party) read and countersign this release.

The Responsible Party agrees to all provisions of this agreement including that the Responsible Party and minor have completed the testing and instructions on use of the Rental Equipment for the minor in paragraphs E & F and confirmed the minor’s understanding of the use and operation of the Rental Equipment as stated in paragraph E. To the fullest extent allowed by law, the Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this release. The Responsible Party agrees and acknowledges Responsible Party and minor’s release of liability, indemnity and covenants not to sue CPB, including for negligence. The Responsible Party releases all of their rights or claims against CPB including wrongful death damages and agrees to indemnify CPB even if CPB is negligent. The Responsible Party is solely responsible to explain and enforce all rules and to undertake all duties and responsibilities to educate, control, and protect the minor(s) from all of the risks involved in using the Rental Equipment. The Responsible Party agrees to pay all medical bills and expenses incurred by the minor(s) and waives all rights of subrogation against CPB. The Responsible Party agrees to make all decisions concerning the minor’s use of the Rental Equipment. The Responsible Party agrees that they are fully responsible for all damage(s) or loss to Rental Equipment and agrees to pay for all repairs at full retail value or for the new retail cost of the Rental Equipment, if lost or stolen.

I have read this Agreement carefully and understand it. I understand I am giving up legal rights in exchange for the privilege of renting equipment from CPB. I understand there are known and unanticipated risks in renting such equipment and using bicycles. that I am voluntarily undertaking the activity with acceptance of those risks. I understand I am releasing claims of liability for any injury or death, even if caused by the negligence or other fault of CPB.

(One form per person, sign as Individual Participant OR as Responsible Party)