These Service Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “rider,” or “participant” ) and Harrison Haus Ventures LLC (“we,” “us” or “our”), concerning the bike rental, shuttle service, repair services and/or other services provided by us.

WEBSITE TERMS & CONDITIONS

The terms of the Website Terms & Conditions are incorporated into this agreement. By agreeing to the Service Terms and Conditions, you acknowledge you have read and agree to the Website Terms & Conditions. The website Terms and Conditions can be viewed HERE.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy by clicking HERE. By using our services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.

WAIVER/RELEASE

A waiver is required for all rentals and activities provided by us. Upon booking, a link to the waiver will be emailed to you for review. This waiver must be signed by all participants, prior to engaging in service or activities. If you do not agree to the terms of the waiver, you are required to cancel your activity in accordance with the terms of the cancellation policy.

CANCELLATION POLICY

• Standard Cancellation Policy: For most bookings, you may cancel your booking any time up until 48 hours prior to the scheduled rental or activity. Should you cancel within the required timeframe, you will be issued a full refund. If you cancel your rental or activity within 48 hours of the scheduled rental or activity, you will not be issued a refund.
• SURERIDE Cancellation Policy: If you have purchased SureRide Protection for some or all of your rentals or activities, those rentals or activities may be cancelled at anytime prior to scheduled time for the rental or activity. Cancelled rentals or activities will be given a full refund. SureRide protection must be purchased at the time of your booking.
• Group Cancellations Policy: For groups of 10 or more The Cycle Haus requires cancellation at least 5 days in advance to receive a full refund and 3 days in advance to receive a 50% refund. Reservations cancelled within less than 72 hours of the activity start time will not receive a refund.

RESCHEDULING POLICY

• Bike Rental Rescheduling Policy: Bike Rentals may be rescheduled at any time prior to the scheduled rental, without charge, subject to bike and staff availability.
• Shuttle Rescheduling Policy: Shuttle Service may be rescheduled at any time 24 hours prior to scheduled shuttle departure time, without charge, subject to shuttle and staff availability.
• Group Rescheduling Policy: For groups of 10 or more, activities or rentals may be rescheduled to another day or time, at no additional charge, up until 24 hours before the activity start time (subject to bike, shuttle, and staff availability).

LATE RETURNS

Bikes should be returned at their scheduled time. Should you be late returning, you will be prorated for the overage time at the 2 hour rate for your rental. Prorations take place in 15 minute increments. For instance, if the 2 hour rate for the bike you rented is $40, and you are 30 minutes late, you will be charged $10.

It is important to note that someone may have booked the bike you are using after you and being late may cause that person to miss their rental. Our booking system has a 30 minute buffer between rentals, then someone else can rent the bike you are using. If you return more than 30 minutes late, and this delay causes someone to miss their rental which results in a refund to that person, you will be responsible for the cost of the refund issued.

If you think you will need more time than the time you originally booked, please extend your rental prior to leaving The Cycle Haus. This will prevent anyone from missing their rental.

EARLY RETURNS

We are unable to provide any refunds or prorations for bikes returned early.

TRANSPORT OF BICYCLE & BICYCLE RACKS

Should you choose to transport this bicycle(s) with a vehicle, you agree to do so in a manner that is safe for myself and other motorists, and does not damage the bicycle. Approved methods of transport are properly installed truck pads or bike racks rated for the vehicle and bike(s) being transported. You understand that bike racks must be rated for the weight of the bicycle(s) you are carrying and agree to abide by the manufacturers’ weight limits. In addition, you agree to follow the manufacturer’s instructions when installing the rack or tailgate pad to your vehicle and securing the bicycle(s) to the rack and/or vehicle. You agree to be fully responsible for ensuring the rack or tailgate pad and bicycles are safe for travel prior to departure and take full responsibility for any damage or injury caused by an improperly installed rack or tailgate pad, or improperly mounted bicycle(s).

HIAWATHA USE

Specific equipment has been designated for use on the Route of the Hiawatha. All other equipment is only allowed on the Trail of the Coeur D Alenes, Centennial Trail, or other paved surfaces, not the Route of the Hiawatha. If you intend to ride the bike on the Hiawatha, please book a bike that is designated for Hiawatha use. Should you take a bike on the Hiawatha that is not designated for this use, you will be subject to a cleaning fee. If the bike is damaged by being used on the Hiawatha, you will be subject to full retail value of the parts and service required to repair the bike.

WEIGHT & HEIGHT

All bikes have height and weight guidelines. These height and weight guidelines are set by the manufacturer and are published on The Cycle Haus website. You agree to rent a bike that is deemed by the manufacturers guidelines to be appropriate for your height and weight. At the sole discretion of The Cycle Haus staff, we may rent you a different bike or cancel your reservation if we deem the bike you have rented is not appropriate for your height or weight.

AGE RESTRICTION FOR ELECTRIC BIKES

Riders must be at least 14 years of age to ride a Class 1 electric bike. Riders must be at least 16 years of age to ride a Class 2 electric bike. Riders must be at least 18 years of age, and passengers must be at least 5 years of age, to ride RadWagon.

BIKE TRAILERS

Riders must be at least 18 years old to operate a bike that is hauling a child trailer. Like bicycles, trailers also have a size and weight limit. You agree to rent a bike that complies with the manufacturer’s guidelines for the size and weight of the passenger, pet, or gear you will be hauling.

TEST RIDES AND ORIENTATION

All riders must complete a test ride and bicycle orientation. During this test ride, you will be asked to demonstrate your ability to safely operate the bike. Should you be unable to safely operate the bike you are riding, The Cycle Haus staff, at their sole discretion, may switch your bike or cancel your rental with a full refund.

HELMET USE

We strongly recommend the use of a helmet when operating a bicycle. Helmets are provided with your rental at no additional charge. Should you, or a minor for which you are responsible for, choose not to wear a helmet, wear an ill-fitting helmet, or otherwise do not follow the manufacturers’ guidelines for use of the helmet, then you accept full responsibility for any injury, death, or other consequences that may result from that decision. Parents, Guardians, or other responsible adults are strongly recommended to require their children to wear a helmet. Helmet use is not required by law for cyclists in the State of Idaho.

BIKE DAMAGE

Should you damage the bike you have rented, you will be responsible for the full retail value of the parts and service required to repair the bike. Bike repair service is billed at $65 per hour.

Should you damage the bike beyond repair, such as damaging the frame of the bike, you will be responsible for paying for the full retail value of the bike.

ASSISTANCE ON THE TRAIL

Should your bike rental experience difficulty on the trail, such as a broken part or flat tire, we will make every effort to bring you a new bike rental or repair your bike. If you have cell coverage, call 208-689-3436 for assistance.

There are areas of the Trail of the Coeur D Alenes, Route of the Hiawatha, and Bitterroot Loop that do not have cell coverage. If you choose to ride in these areas, you must be prepared to make repairs on your own. Most of our rental bikes include an emergency repair kit that includes a replacement tube, tire levers, and the wrenches necessary to change a tube or make minor repairs. We are unable to guarantee that every tool is included to make every repair.

EMERGENCIES

If you are injured or otherwise require emergency assistance, call 911.

REFUNDS

If something goes wrong with your rental bike, we will make every effort to correct the problem. Your rental will also be extended for any lost riding time experienced by the problem. At the sole discretion of Cycle Haus staff, we may refund you a portion or all of your rental fee as compensation for problems you experienced with the bike. A partial or full refund of your rental fee is not guaranteed and it is at our discretion. Should we offer you a rental extension, partial refund, or full refund, you are accepting this compensation as the sole remedy for any loss of enjoyment, injury, or other inconvenience you may have encountered.

All other refunds are subject to the cancellation, rescheduling, and early return policies mentioned earlier.

MINORS

By renting a bike on behalf of a minor, and signing the WAIVER AND RELEASE FOR BIKE & EQUIPMENT RENTAL ON BEHALF OF A MINOR CHILD, or by booking shuttle service on behalf of a minor and signing the WAIVER AND RELEASE FOR SHUTTLE SERVICE ON BEHALF OF A MINOR CHILD, you acknowledge that you are the parent, legal guardian, or are otherwise legally responsible for the minor child. You also acknowledge you have the authority to execute legal documents on the child’s behalf.

PHYSICAL FITNESS AND ABILITY

By renting a bike or participating in activity with The Cycle Haus you represent that you are physically fit, able, and willing to participate in the chosen rental or activity. If you believe that participating in this activity or rental will pose any risk to your health or well being, or is likely to cause you injury or death, you should not to participate in the activity or rental.

BIKE REPAIR OF YOUR BIKE

From time to time we will repair bicycles not owned by us. All repairs will be made in a professional, workmanlike manner. However, should a repair result in damage to your bicycle, injury, or death, you acknowledge that the sole remedy shall be a full refund of all repair and service costs.

RISK OF INJURY

You understand the inherent risk involved in using our services, rental bikes, rental equipment, shuttle service, repair services and/or other services provided by us and you accept the full responsibility for any and all such damage, injury, or death which may result.

GOVERNING LAW

These Service Terms and Conditions are governed by and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be entirely performed within the State of Idaho, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 3 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. 

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Kootenai County, Idaho.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Kootenai County, Idaho, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the services provided be commenced more than 2 years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 12 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $5000. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1)your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

CONTACT US

In order to resolve a complaint regarding our services or to receive further information regarding use of our services, please contact us at:

Harrison Haus Ventures LLC

1423 N Molter Rd #185

Liberty Lake, WA 99019

[email protected]