I have 2 bikes at my rental. They are locked up. If a guest wants to use them.....

[Sher1]

I have an idea that might help me stay out of trouble on many levels.

What if...

I SELL them my bikes, for say $300 each (They are not expensive racing bikes or anything like that) and have them sign the purchase receipt. I will agree to purchase the bikes back at the end of their stay, for the same amount, less any repairs needed.

If they are stolen, they have paid for them, and it's their problem.

If they have an accident, they are not my bikes.

If they hit someone else, or do something wrong, they are not using my property.

Can you find fault with this?  

[Alexandra316]

What if the guest paid the fee to buy them then kept them?

I would just get the guests to sign a liability waiver like other rental outlets. 

[Sher1]

Well, I paid less than the $300 anyway, as they were used when I bought them. They are not worth $300 each. So, I guess if they bought them, they could keep them.

A liability waiver is good between me and the tenant. Does it release me of liability if my tenant does something wrong and hurts or damages someone elses property? 

[Alexandra316]

I'm an engineer, not a lawyer 🙂 but I think that the bike rental agencies must have a pretty good handle on things as far as the waivers go. Maybe stop by a local shop and take a waiver: ours has them out on the counter. I just Googled bike rental liability waiver, and they do seem to cover damage to the rider and to others' property. Maybe have your lawyer cast their eye over if to make sure you're covered in your particular juristiction. I would have the guest sign that and take a deposit and/or a fee. 

[Marit-Anne0]

@Sher1

A deposit like any other bike rental ?

[Kimberly54]

Hi, @Sher1,  you've gotten some good advice here (really like @Alexandra316's engineering 😉 comment).  Truth is, anyone can sue anyone for anything regardless of merit, and chasing after stolen/damaged property on your own is kind of like flushing good money after bad.

Are you and your property insurance company on the same page? (i.e., they know you're running a business out of your home? Would that be covered?)   If you're really worried, perhaps ask them?  Depending on your deductible, this may not be worthwhile, but while you're looking at ways to cover your 'arse', it's another thing to think about?

A waiver sounds the most simple to me.

[Sher1]

Thanks all!!!

[Fred13]

Sher, you have a lovely place in a 55+ adult community, how many of your guests would be irresponsible with them really? I would take a deposit (naturally) and have a simple waver (understandable), and presented it all as a good-will gesture to your guests. That in itself is a win for them and you.

[Fred13]

Btw, no 'compensation' (aka fee) = no liability. Mark's post below reminded me of that aspect.

[Mark26]

The Bed and Breakfast next door to me has Bicycles for their guests. Cute retro-looking Beach Cruisers, with wicker baskets and tassles on the handlebars. It really sounds like a wonderful thing to provide, but every now and then I look up and see a happy couple pushing bikes out the gate, climbing onto them, and wobbling down the sidewalk.  Each time I see that, I recognize that I don't need or want the liability. If I offered bikes to our guests, I'd constantly worry that they'd wobble into a stationary object, or into the path of a car.

We frequently have guests who bring their own bikes with them.  Earlier this year I noticed that one of our guests had a new cast on her arm two days into her three week stay.  She'd had an accident, riding her own bicycle.  I felt awfull.  She and her husband come here to ride their bikes, play golf, and relax at the beach.  With a cast on her arm all she could do was sit in the sand with a bottle of wine.   At least she only broke her arm.  It was a bad experience for our guest, and it helped to reaffirm my decision not to provide bicycles.

[Nat45]

I am joining the conversation because a guest just damaged my bike today. I live on the property and so and so I am able to keep a close watch on the bikes and I keep them in good repair.  Many of my guests book because there are bikes included in the deal. This morning the bike was fine, but this afternoon my guest texts me that the tire was flat yesterday and she couldn't use it.  I go out to look at the bike and the rear tire is damaged beyond repair and the inner tube is hanging out of the tire. There might be damage to the wheel.  It will cost me a quarter to half of what she paid for the stay to repair it if I repair it myself rather than taking it to the bike shop.  She says she never rode it, but the bike is locked and she is the only one with the key.  I can't prove she did it, but it was not like that when I gave her the key or when I checked the bike this morning.

At this point, I am ready to either get rid of the bikes or get some sort of liability form for them to sign saying they take responsibility for damages and themselves.  I found a good rental agreement at this site.: http://www.heritagebikesandrentals.com/bike-rental-agreement. I'm thinking of using this.

Or maybe this one: http://www.screekoutfitters.com/wp-content/uploads/2015/11/Bicycle-Rental-Equipment-Agreement.pdf