INDEMNITY FORM FOR RENTALS
AMP’D UP (PTY) LTD T/A SCOOT UP
I hereby acknowledge that I am renting an electric bicycle/scooter from Amp’d Up (Pty) Ltd trading as Scoot Up(hereinafter referred to as “Scoot Up”) and that I will be renting it entirely at my own risk.
I understand that only the undersigned person may ride the electric bicycle/scooter.
I agree to lock up the electric bicycle/scooter when I am not riding it.
I confirm that I know how to ride a bicycle/e-scooter.
I undertake to comply with the instructions of Scoot Up’s employees and/or agents on how to ride an electric bicycle/scooter and confirm that I will only hire the electric bicycle/scooter if I am confident that I can ride it safely.
I confirm that I am aware of the procedure to be followed if the electric bicycle/scooter has a puncture while I am riding it, or if the battery dies.
I acknowledge that it is compulsory to wear the helmet provided by Scoot Up while riding the electric bicycle/scooter.
I agree to adhere to the rules of the road when riding the electric bicycle/scooter.
I understand the inherent dangers and risks associated with bicycling and scootering, and I assume and accept any and all responsibility for medical risks associated with such activities, including but not limited to heart attack, stroke, injury, paralysis or death, caused by any event whatsoever arising while I am utilising the electric bicycle/scooter.
I waive my right to any and all claims arising from whatsoever cause or whatsoever nature, against Scoot Up, its employees, its director, or shareholders, agents, and any affiliated parties, for any loss, injury, damage or harm which may be suffered or sustained in connection with my use of the electric bicycle/scooter, including mechanical faults, whether or not such loss, injury, damage or harm was caused by the negligence of Scoot Up, its employees or agents.
I hereby indemnify Scoot Up, its employees, its directors, its shareholders or agents, against all or any claims which may be made against any of them by a third party (including my dependants) where such claim arises out of or in connection with my use of the electric bicycle/scooter.
I accept that this contract sets out the full basis of the relationship between Scoot Up and myself and acknowledge that it is governed by the laws of South Africa. Should I bring legal action against Scoot Up or its employees or agents, I agree that only the courts of South Africa shall have jurisdiction.
I acknowledge that I will be responsible for all and any damage caused to the rental bicycle/scooter, including theft, from the time of delivery/acceptance to the time of return to Scoot Up.
My liability for damage to the rental bicycle/scooter is absolute, whether or not the damage was caused by negligence, vicarious or otherwise.
I confirm that the rental bicycle/scooter was given to me in good order and condition and that I received an induction course on its use.
Once the indemnity form has been signed, all bicycle/scooter rentals are non-transferable and non-refundable.
I hereby release, indemnify and hold harmless Scoot Up, its employees or agents, from and against any claims, damages or liability arising from or related to the use of images, recordings or material captured during or related to my rental, including claims of defamation, invasion of privacy, rights of publicity or copyright infringement.
By accepting this, I confirm that I have read, understood and agree to the above-mentioned conditions and acknowledge that “I am giving up certain legal rights and/or remedies.
I confirm that the information provided by me is true and correct.
Indemnity in respect of Minor Child (under 18)
Hereby confirm that:
The minor child has my consent to hire and ride the electric bicycle/scooter and that should it be damaged (from whatsoever cause) or stolen, I will be held personally responsible for the costs of repair or replacement.
I confirm that I have the authority to act on behalf of the minor child.
I confirm that the minor child will comply with and be bound by all of the terms and conditions set out above, and I (or any third party acting on behalf of the minor child) will waive any and all claims of whatsoever nature against Scoot Up, its employees or agents, for any loss, injury, damage or harm suffered by the minor child while using the electric bicycle/scooter.
I agree to indemnify Scoot Up, its employees or agents, and to hold them harmless for any claim whatsoever which may be brought by any third party as a result of the minor child's use or misuse of the electric bicycle/scooter.
By signing below, I confirm that I have read, understood and agree to the statement:
“I am giving up certain legal rights and/or remedies on the minor child’s behalf.”
Consent for riding with a minor (If applicable)
I confirm that I have the authority to act on behalf of the minor child.
I confirm that the minor child will comply with and be bound by all of the terms and conditions set out above, and I (or any third party acting on behalf of the minor child) will waive any and all claims of whatsoever nature against Scoot Up, its employees or agents, for any loss, injury, damage or harm suffered by the minor child while using the electric bicycle/scooter.
I agree to indemnify Scoot Up, its employees or agents, and to hold them harmless for any claim whatsoever which may be brought by any third party as a result of the minor child's use or misuse of the electric bicycle/scooter.
POPIA CONSENT
I consent to the collection, recording, storing, and processing of my personal information contained in this indemnity form, in terms of the Protection of Personal Information Act No. 4 of 2013 (POPIA) by Scoot Up.
Scoot Up shall retain my personal information for as long as necessary and in compliance with all applicable legislation.
I have the right to object to the collection, recording, processing and retention of my personal information, except for information which Scoot Up is required to retain by law.
I have the right to request that my personal information be corrected or updated and to lodge a complaint with the Information Regulator.
Scoot Up
12 Marine Road, Three Anchor Bay
Cape Town 8005
Phone: +27 79 922 8484
Mobile:
E-Mail: info@scoot-up.co.za