Hawaii Moped Rental Terms and Conditions
RENTAL AGREEMENT, WAIVER OF LIABILITY, AND RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION
Momo’s Moped Rentals LLC
Under the terms of this Agreement and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Momo’s Moped Rentals LLC including their agents, employees, successors and assigns, and their respectives heirs, personal representatives, affiliates, successors, and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way.
“I” refers to you, the person renting the moped.
I acknowledge that I wish to participate in riding a moped, in Hawaii, and attest that I have read, fully understand, and agree with the following representations and condi-tions:
I am aware of the risks of participating in the program/activities, and assume all risks, foreseea-ble and unforeseeable, in any way connected with my participation herein. I am aware that Momo’s Moped Rentals LLC is not responsible for any lost, stolen, or damaged valua-bles or property.
I agree not to institute any claims or legal action against Momo’s Moped Rentals for any claim released by this Agreement.
I agree to protect, defend, and indemnify Momo’s Moped Rentals LLC, and any of its em-ployees or owners in regards to any claim or expenses (including attorneys’ fees, claims by a third party or otherwise, that might be made on my behalf) in any way connected with a claim related to my participation in the program/activities. I have read and fully understand, agree to, and accept voluntarily all provisions of this Release of Liability and Waiver, Assumption of Risk, and Indemnification.
This release will be governed by and construed in accordance with the laws of the State of Hawaii.
I understand and agree that only one person is allowed on a moped and that it is illegal two have two people on a moped.
I agree that I am reasonably competent and physically fit to use the moped and that I am the sole driver/user of the moped. By choosing to ride a moped, I assume all responsibilities and risks for any injuries and/or medical conditions. I am responsible for determining if conditions, including any weather conditions or otherwise, make it dangerous to operate a moped.
I agree that Momo’s Moped Rentals LLC has offered me a helmet and safety goggles in accordance with SB824 (“Lexi’s Law) and that it is my decision on whether or not I decide to use their offered helmet.
I agree that Momo’s Moped Rentals LLC has provided me a copy of the “Rules of the Road” for mopeds as approved by the director of transportation.
I agree to be in compliance with the laws, rules, regulations, and/or ordinances set forth by the state of Hawaii, and those pertaining to the Moped in the are of operation. I am solely responsible and liable for any violation of any laws, rules, regulations, and/or ordinances while using the moped.
I agree that I am solely responsible to any other party’s damaged property which I am liable for due to my use of the moped, including damaging the moped.
I agree that I have a valid driver’s license in the United States, or the Commonwealth of Puerto Rico, United States Virgin Islands, American Samoa, Guam, a province of the Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for that category of motor vehicle which the person is operating and that I am 18 years of age or older.
I agree to return any moped to Momo’s Moped Rentals LLC in the same condition in which such moped was rented. I agree that I will be responsible for the cost of repairing and/or replacing any moped that is returned damaged or otherwise not in the same condition in which it was rented, up to a replacement cost of $2,000; provided, however, I will not be responsible for normal wear and tear of the moped.
I agree that if I fail to return the rented moped and notify Momo’s Moped Rentals LLC by the last day of my booking that I chose at 8 PM local time in Hawaii, I will be subject to a $75 fee everyday that the moped has not been returned.
I agree that at anytime Momo’s Moped Rentals LLC can terminate use to moped rental service provide by Momo’s Moped Rentals LLC.
I am agreeing to this Agreement freely, voluntarily, and competently and I am at least eighteen (18) years of age.