Bike Rental Waiver

BICYCLE RENTAL AGREEMENT, ASSUMPTION OF RISK
& LIABILITY WAIVER
The Scout Cottages — Bend, Oregon

This Bicycle Rental Agreement, Assumption of Risk, and Liability Waiver ("Agreement") is entered into between The Scout Cottages ("Property") and the undersigned Renter. By signing, Renter acknowledges having read and understood all terms and agrees to be bound by them as a condition of using the rental bicycle(s).

1. Description of Activity & Equipment
Renter agrees to rent one or more bicycles and any associated equipment (helmets, locks, lights, etc.) provided by The Scout Cottages. Renter acknowledges that bicycling on public roads, paths, and trails is an inherently risky recreational activity. Known and foreseeable risks include, without limitation: collisions with vehicles, pedestrians, or other cyclists; falls; road surface hazards (gravel, potholes, wet pavement, debris); equipment failure; varying terrain and weather conditions; and accidents caused by factors beyond the control of The Scout Cottages or its staff.

2. Voluntary Assumption of Risk
Renter freely and voluntarily chooses to participate in bicycle riding with full knowledge and understanding of the inherent risks. Renter expressly and voluntarily assumes all risks of loss, property damage, personal injury, or death arising from or related to the use of the rented bicycle, whether such risks arise from the ordinary (not gross) negligence of The Scout Cottages or its agents, or from other causes. This assumption of risk is knowingly made and constitutes bargained-for consideration for access to the rental equipment.

3. Release of Liability for Ordinary Negligence
To the fullest extent permitted by Oregon law, Renter releases, waives, discharges, and covenants not to sue The Scout Cottages, its owners, operators, managers, employees, and agents from all claims, losses, damages, and causes of action arising out of the ordinary negligence of The Scout Cottages in connection with Renter's use of the bicycle. This release expressly does NOT apply to, and Renter does not waive any rights arising from, gross negligence, reckless or wanton conduct, or intentional or willful acts. This provision is intended to be interpreted in conformance with Oregon public policy and the holding of Bagley v. Mt. Bachelor, Inc., 340 P.3d 27 (Or. 2014).

4. Equipment Inspection & Renter Responsibility
Renter acknowledges having had the opportunity to inspect the bicycle and all associated equipment prior to departure. By signing, Renter confirms the equipment was in satisfactory condition at the time of pickup, or that any pre-existing concerns were raised with The Scout Cottages staff beforehand. Renter accepts full responsibility for the bicycle and all equipment from time of pickup to time of return. Renter is liable for the full cost of repair or replacement of any damage, loss, or theft occurring during the rental period, excluding documented pre-existing defects. Renter agrees not to modify, tamper with, or make unauthorized adjustments to any rental equipment.

5. Helmet & Safety Requirements (Oregon Law)
Under Oregon Revised Statutes § 814.485, all riders under 16 years of age are required by law to wear a helmet while riding a bicycle on public roads or paths. Helmets are available from The Scout Cottages upon request at no additional charge. The Scout Cottages strongly recommends helmet use for all riders regardless of age. Renter agrees to: (a) ensure all minor riders wear a properly fitted helmet at all times; (b) ensure all riders wear appropriate footwear; and (c) use any provided safety equipment as intended. Adult riders who voluntarily choose not to wear a helmet do so at their own risk and assume full responsibility for any resulting head injuries.

6. Oregon Traffic Laws & Conditions of Use
Renter agrees to comply with all applicable Oregon traffic laws (ORS Chapter 814) and local ordinances while operating the bicycle, including: obeying all traffic signals and signs; riding in the direction of traffic; using bike lanes where available; equipping the bicycle with lights when riding at dawn, dusk, or night; and yielding to pedestrians on shared paths. Renter agrees NOT to: operate the bicycle under the influence of alcohol or any impairing substance; allow any person not named in this Agreement to ride the bicycle; carry passengers in a manner not intended by the bicycle's design; ride in areas that are prohibited, closed, or clearly unsafe; leave the bicycle unsecured in a public area; or operate the bicycle recklessly, aggressively, or in a manner that endangers others. Renter agrees to return all equipment in the same condition as received, by the agreed return time.

7. Emergency Contact & Medical Authorization
In the event Renter is incapacitated due to injury or emergency during the rental period, Renter authorizes The Scout Cottages staff to contact emergency medical services (911) and to share Renter's name, contact information, and relevant details with responding emergency personnel. Renter understands this authorization does not create any obligation on The Scout Cottages to provide medical care or to assume financial responsibility for any medical expenses.

8. Minor Riders (Parent/Guardian Agreement)
If any rider is under 18 years of age, the adult signing this Agreement represents and warrants that: (a) they are the legal parent or guardian of each named minor rider; (b) they have lawful authority to execute this Agreement on each minor's behalf; (c) they accept full personal responsibility for each minor's conduct, safety, and compliance with all terms herein; and (d) each minor is physically capable of safely operating a bicycle. Renter acknowledges that the enforceability of liability waivers on behalf of minors under Oregon law is unsettled, and The Scout Cottages makes no representation that this Agreement fully limits its liability as to claims brought on behalf of minors.

9. Indemnification
Renter agrees to indemnify, defend, and hold harmless The Scout Cottages, its owners, managers, employees, and agents from and against any third-party claims, losses, damages, liabilities, and reasonable attorneys' fees arising out of or resulting from: (a) Renter's use of the bicycle or rental equipment; (b) Renter's violation of any applicable law or ordinance; (c) Renter's breach of this Agreement; or (d) the conduct of any minor rider for whom Renter is responsible.

10. Photo & Likeness Release
Renter grants The Scout Cottages a non-exclusive, royalty-free license to use photographs or video of Renter and accompanying riders taken during the rental period for promotional, marketing, or social media purposes. Renter may opt out of this release by notifying staff at time of pickup.

11. Severability & Governing Law
If any provision of this Agreement is held to be invalid, unconscionable, or unenforceable under Oregon law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed entirely, while all remaining provisions continue in full force and effect. This Agreement shall be governed by Oregon law. Any dispute arising hereunder shall be resolved exclusively in the courts of Deschutes County, Oregon.

12. Entire Agreement & Voluntary Execution
This Agreement constitutes the entire agreement between the parties regarding bicycle rental. Renter acknowledges: (a) they have had a reasonable opportunity to read the full Agreement; (b) they understand its contents and legal significance; (c) they are signing voluntarily, without duress or coercion; (d) they have not relied on any oral representations not expressly stated herein; and (e) their electronic signature below constitutes a legally binding signature under applicable Oregon law.

⚠️ This waiver was prepared for informational purposes and does not constitute legal advice. The Scout Cottages recommends consulting a licensed Oregon attorney to review this Agreement before relying on it as a legal instrument.