This Bicycle Rental Agreement, Liability Waiver, and Release is between Bewegen Technologies, Inc. and the Passholder, as defined below.
Bewegen Technologies, Inc. (the Operator”) owns the bikes and stations for a self-service bicycle rental system (“System”). Howard County, Maryland (the “County”) has established a bike share program known as “Howard County Bikeshare” through its Office of Transportation. The Operator operates, manages and maintains the System to provide services to the public (“Service” or “Services”), as an independent contractor under an agreement with the County.
In consideration of your use of the Service, the Operator requires that you ("Passholder", “You”, or “Your”) agree to all terms and conditions in this Bicycle Rental Agreement, Liability Waiver, and Release (this “Agreement”), which are intended to promote the safe use of the System bicycles, and which apply to all Passholders, as defined below.
In this Agreement, "Passholder” includes any user of the Service who participates in any of the Pay Per Ride Pass, Monthly Pass, Annual Pass or Founding Member options or any other Pass options that may be established by the Operator from time to time (each, a “Passholder”). “Passholder-Related Third Party” is anyone who accesses, participates in or otherwise takes advantage of the Service through, as a result of, or pursuant to the Passholder’s account (including, without limitation, accessing the Service through the use of Passholder’s credit card), each of whom shall be deemed a third-party beneficiary hereunder.
Section 1 Modifications to Agreement. The Operator reserves the right to unilaterally amend, modify, or change this Agreement at any time and from time to time in its sole discretion. By continuing to use the Service after any amendment, modification, or change, Passholder shall be deemed to have agreed to be bound by all such amendments, modifications, and changes. Passholder must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, the Operator will post a notification on www.HowardCountyBikeshare.com (“Website”) and send a message to the Passholder email on file.
Section 2 Term of Agreement. The term of this Agreement begins when You first use any Service, and the term ends three (3) years after Your last use of any Service; provided, however, that Your personal financial responsibility under Section 14 of this Agreement (“Credit Card Matters”) expires one (1) year after the later of (i) Your last use of any Service, or (ii) the expiration of Your Pass. At any time and from time to time, and without Passholder’s consent, the Operator may unilaterally terminate Your right to use any Service, in the Operator’s sole discretion and without cause.
Section 3 The System. The System is composed of bicycle stations (“Stations”), which include automated pay stations (“Pay Station”), and separate stands that allow the docking of bicycles (“Bike Dock” or “Bike Docks”). The Stations are for the purposes of the renting, docking, and locking of the bicycles, as well as the identification of Passholders. Under the Service, the bicycles can be rented and returned to any Station, subject to the other terms and conditions set forth herein.
Section 4 Registration to Service. To obtain a Founding Member Pass, an Annual Pass, a Monthly Pass or a Pay Per Ride Pass, Passholder must complete a registration form and create an account ("Account") at www.HowardCountyBikeshare.com. When a Passholder subscribes to the Service, the Operator will charge the Passholder’s credit card the amount for the Pass, as described in Section 5. Once a Passholder’s credit card payment clears, the Operator will mail a System pass to the mailing address provided by the Passholder. After following the online registration process, Passholders can check-out a bicycle immediately with the Howard County Bikeshare App (“App”). Once received in the mail, Passholders must activate the System pass on the Website, under the “Login” heading, before using the pass for the first time. The pass allows Founding Member, Annual and Monthly Passholders to use the Service without having to pay a per trip fee; provided, however, that Founding Member, Annual and Monthly Passholders must still pay the Overtime Charges as set forth in Section 7 for all trips in excess of 45 minutes (for Monthly and Annual Pass) or 60 minutes (for Founding Member Pass). Within one year after a Founding Member, Annual or a Monthly Pass expires, Passholders may renew the Pass on the Website under the “Login” heading. If the Pass is not renewed within this period of time, then Passholders may need to take certain actions to reactivate the Passholder’s old Account or create an entirely new Account for a new Pass. The Pass and the personal identification number and System pass related thereto are non-transferable and may be terminated if the Passholder breaches this Agreement, as determined by the Operator in its sole discretion. If a Pass is terminated for any reason, then no refund shall be provided.
Section 5 Founding Member, Annual, Monthly and Pay Per Ride Pass Rates and Benefits. A Founding Member Pass may be purchased for $85, an Annual pass may be purchased for $85 and a Monthly Pass may be purchased for $15. Users can become a Pay Per Ride Passholder at no cost. For the Pay Per Ride Pass, the charges will accumulate ($2 per trip and charges for trips in excess of 30 minutes) throughout the month and the Passholder’s credit card will be billed immediately after the transaction.
Passholder may purchase a Founding Member, an Annual or a Monthly Pass only by using a Visa, MasterCard, American Express, Union Pay and Discover credit card. To become a Pay Per Ride Passholder, the Passholder simply needs to sign up online or on the app at no cost and enter credit card information. Each month, the total amount of chargeable trips (i.e., for each trip and trips in excess of 30 minutes (for Pay Per Ride Pass), those trips in excess of 45 minutes (for Annual and Monthly Pass) or 60 minutes (for Founding Member Pass)) will be charged to the Passholder’s credit card on the same day of the month that the Passholder purchased his or her Founding Member, Annual, Monthly or Pay Per Ride Pass. Founding Member, Annual, Monthly and Pay Per Ride Passholders may access the history of chargeable trips on the Website at any time, which will display all trips and extra costs incurred or to be incurred if they are not yet billed. If a Founding Member, Annual, Monthly Pay Per Ride Passholder has any claim or dispute regarding a chargeable trip, then such Passholder must, within 30 business days from the end of the prior month with the disputed claim, provide to the Operator the corresponding trip start and end station to identify the place and time the System bicycle was rented and returned. The online history in the Passholder profile indicating the date and time that the System bicycle was returned shall serve as additional evidence that the System bicycle had been properly returned. Founding Member, Annual, Monthly and Pay Per Ride Passholders are encouraged to consult their online profiles after each trip to ensure that all information is accurate.
Section 6 Pay Per Ride Pass. If You do not elect to purchase a Founding Member, Annual, Monthly and Pay Per Ride Passholders, You may purchase a “Pay Per Ride Pass”, hereby described as the checkout of a System bicycle and docked back at any station, by using a Visa, MasterCard, Union Pay or Discover credit card. The charge per trip is $2 with tax, plus all additional Overtime Charges pursuant to the rates set forth in Section 7. When a Pay Per Ride Passholder signs up to use the Service at a Station, the Operator will place an authorization hold on the Pay Per Ride Passholder’s credit card of $35.00 for card verification purposes, and such hold could remain on the Pay Per Ride Passholder’s credit card for a period of time to be determined by the Passholder’s bank's policies regarding holds. An additional $35.00 hold will be placed on the Pay Per Ride Passholder’s credit card for each bicycle rented (maximum of 4).
Section 7 Overtime Charges. In addition to the Founding Member, Annual, Monthly and Pay Per Ride Pass rates outlined in Sections 4 through 6 of this Agreement, all Passholders are subject to “Overtime Charges” at the rates provided in the table below. If a Passholder returns the System bicycle to a Bike Dock within 30 minutes (for Pay Per Ride Pass), 45 minutes (for Monthly and Annual Pass) or 60 minutes (for Founding Member Pass), no Overtime Charge shall apply. A Passholder may remove another System bicycle from a Bike Dock immediately after returning the previous System bicycle.
Every minute after the initial ride time
Section 8 Availability of Service. The Operator makes every effort to provide the Service 365 days a year, but does not guarantee that the Service will be available at all times, as weather events or other circumstances could prevent the Operator from providing the Service. Access to the Service also is conditioned on the availability of System bicycles at each Station. The Operator does not represent or warrant the availability of any Service or the availability of any System bicycle at any Station. Passholder may use the Website, App or a kiosk to determine the inventory of System bicycles available at a Station.
Section 9.1 Removing Bicycles.
Section 9.1(a) Removing Bicycle by Founding Member, Annual, Monthly or Pay Per Ride Passholders. Founding Member, Annual, Monthly and Pay Per Ride Passholders must tap their System pass on the reader located below the screen between the bicycle handlebars to remove a bicycle from the Bike Dock. After the System pass has been tapped on the reader, the Founding Member, Annual, Monthly or Pay Per Ride Passholder have 10 seconds to remove the bicycle from the Bike Dock. A screen to unlock the bicycle appears when the bicycle can be removed. A sound signal is also emitted. If the bicycle is not removed within 10 seconds, the Bike Dock locks and the Founding Member, Annual, Monthly or Pay Per Ride Passholder must repeat the process described above. A Founding Member, an Annual, a Monthly or a Pay Per Ride Passholder may also remove a bicycle from the Bike Dock by unlocking the bicycle through the App.
Section 9.1(b) Removing Bicycle by Pay Per Ride Passholder. A Pay Per Ride Passholder must insert a credit card into the Pay Station and obtain a temporary card that is distributed from the kiosk once the payment process is completed. The Pay Per Ride Passholder must tap his or her temporary card on the reader located below the screen between the bicycle handlebars to remove the System bicycle from the Bike Dock. A screen to unlock the bicycle appears when the bicycle can be removed. A sound signal is also emitted. If the bicycle is not removed within 10 seconds, the Bike Dock locks and the Pay Per Ride Passholder must repeat the process described above. Each time a Pay Per Ride Passholder would like to remove a new bicycle from a Bike Dock, the Pay Per Ride Passholder must tap his or her temporary card on the reader located below the screen between the bicycle handlebars to remove the next bicycle. A Pay Per Ride Passholder may also remove a bicycle from the Bike Dock by unlocking the bicycle through the App if they have created a user account through the App.
Section 9.1(c) Removing Additional Bicycles by the Pay Per Ride Passholder. A Pay Per Ride Passholder may remove up to four bicycles on each credit card account, and the Pay Per Ride Passholder will be charged for the number of bicycles obtained (up to four). The Pay Per Ride Passholder must tap his or her temporary card on the reader located below the screen between the bicycle handlebars to remove a bicycle from the Bike Dock. A screen to unlock the bicycle appears when the bicycle can be removed. A sound signal is also emitted. If the bicycle is not removed within 10 seconds, the Bike Dock locks and the Pay Per Ride Passholder must repeat the process described above. Each time a Pay Per Ride Passholder would like to remove a new bicycle from a Bike Dock, the Pay Per Ride Passholder must purchase another “Pay Per Ride Pass” at any pay station and then tap the temporary new card on the reader located below the screen between the bicycle handlebars to remove the next bicycle.
Section 9.2 Returning Bicycles. To return a System bicycle, a Passholder must secure it into an available Bike Dock. A sound signal is emitted, and a screen is confirming that the bicycle has been properly secured to the Bike Dock. If the bicycle is not properly secured in the Bike Dock, no screen confirming that the bicycle has been well returned will appear and a longer signal sound is emitted. If no screen confirming the return of the bicycle appears, Passholder must repeat the operation until the screen appears and the bicycle is properly secured in the Bike Dock. Once secured, the bicycle can no longer be removed from the Bike Dock. Passholders must verify that the bicycle cannot be removed from the Bike Dock each time a bicycle is returned. The Passholder is still responsible for the bicycle if it is not properly docked and is liable for any theft or damage that may occur until it is properly returned or retrieved by the Operator. If there is no available Bike Docks at the Station, then the Passholder must push the “Request More Time” icon on the Pay Station screen. In such an event, Passholders must tap their System pass at the Pay Station to obtain an additional 15-minute credit in which to return the bicycle to another Station. No fee is charged to Passholder for the additional 15-minute credit. If a docking station is full, a Passholder can utilize the secondary lock and secure the bicycle to a nearby bicycle rack or fixture when necessary but must call the Operator at 1-844-630-4626 to not incur Overtime Charges; provided, however, that Passholder is still responsible for the bicycle until it is retrieved by the Operator and returned to the System. Any System bicycle that is not properly secured remains the sole responsibility of Passholder, and the Overtime Charges set forth in Section 7 will be charged until the bicycle is properly returned as set forth in this Section.
Section 9.3 Obtaining Receipt. A Pay Per Ride Passholder may print a receipt that shows the start station, the end station and the cost for any ride. To obtain a receipt, the Pay Per Ride Passholder must push the “My Account” icon on the Pay Station screen. Pay Per Ride Passholder must tap their temporary card at the Pay Station to obtain this receipt. If the Single-Trip Passholder inputs his or her email address at the Pay Station during the payment process, he or she will automatically receive an electronic receipt for his or her Pass. When a Pay Per Ride Passholders tap their temporary cards at the Pay Station, they will be able to view and print their full history for their selected Pass type. When Founding Member, Annual, Monthly and Pay Per Ride Passholders tap their System pass at the Pay Station, they will be able to view their rental history for the past 24 hours.
Section 9.4 Permitted Period of Continuous Use; Lost or Stolen Bicycle. Use of the Service is limited to a period of 10 consecutive hours (“Permitted Period of Continuous Use”). If Passholder maintains possession of a System bicycle beyond the Permitted Period of Continuous Use, then by the 10th consecutive hour the bicycle will be deemed lost or stolen, Passholder’s credit card will be charged a fee of $2,000.00, and a police report may be filed with local authorities. The Operator will attempt to contact the Passholder and locate the bicycle (via telephone and email) before charging the credit card, by using the contact information provided by the Passholder upon subscribing. The data generated by the System’s computer shall serve as conclusive evidence of the period of use of a System bicycle by a Passholder. For any loss of a System bicycle for which a Passholder is held responsible, the Passholder must report the disappearance to the Operator and the local police department within 24 hours following the occurrence. For any use that exceeds the Permitted Period of Continuous Use the System bicycle shall be deemed lost or stolen, until the bicycle is found or returned to a Bike Dock.
Section 9.5 Lost or Damaged System Pass. If a Founding Member, Annual, Monthly and Pay Per Ride Passholder’s System Pass has been lost or damaged, a replacement may be purchased on the user’s online Web profile, by calling 1-844-630-4626 or by emailing firstname.lastname@example.org and reporting that the System Pass has been lost or damaged. A replacement charge of $10 for the lost or damaged service Pass will be charged, and a replacement System Pass will be mailed to the Founding Member, Annual, Monthly or Pay Per Ride Passholder’s mailing address of record. If a Pay Per Ride Passholder’s System pass has been lost, the Pay Per Ride Passholder must call 1-844-630-4626 and report that the System pass has been lost. The Pay Per Ride Passholder Pass will then be deactivated by customer service, and the Pay Per Ride Passholder can then take another Pass at the Pay Station.
Section 10 Prohibited Acts.
a. Passholder must not ride a System bicycle while carrying any briefcase, backpack, bag, or other item that could impede Passholder’s ability to operate a bicycle safely. All external items should be placed in the cargo carrier in such a way that does not create any visual obstruction or riding impediment.
b. Passholder must not use any cellular telephone, text messaging device, portable music player, or other device that may distract Passholder from safely operating a bicycle.
c. Passholder must not operate a System bicycle while under the influence of alcohol, drugs, any medication or other substance that may impair Passholder’s ability to safely operate a bicycle.
d. No more than one (1) person may ride a System bicycle at any time.
e. Passholder must not dock or lock any bicycle in any Station other than one belonging to the System.
f. Passholder must not dismantle or modify a System bicycle in any way. This rule does not apply to the use of the seat height adjustment feature on System bicycles.
g. Passholder must not exceed the maximum weight limit for a System bicycle (260 pounds) or the cargo carrier (45 pounds), and Passholder must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
h. Passholder must not operate a System bicycle in extreme weather conditions, including snow, hail, and electrical storms, which make it more dangerous to operate a bicycle. Passholder is solely responsible for operating a System bicycle safely and in accordance with existing conditions. Passholder must adjust Passholder’s riding behavior and braking distance to suit the weather conditions.
i. Passholder must not allow others to use a System bicycle that Passholder has removed from a Bike Dock. Passholder understands that when Passholder removes a System bicycle from a Bike Dock, it is to be used only by Passholder. This does not apply to the S Passholder who is checking out up to four bicycles on the one credit card. Passholder must not transfer or disclose Passholder’s System pass, digital code on the System pass, temporary passes, or any other Account information to any other person.
Section 11 Additional Passholder Obligations.
a. Passholder represents and warrants that Passholder is a safe and competent bicycle operator, is physically able to safely ride a bicycle without a risk to the Passholder’s health, is knowledgeable about the operation of a bicycle, and is knowledgeable about the laws pertaining to bicycles operated within Howard County. Like any physical activity, riding a bicycle may cause minor or major injuries, including death, or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a System bicycle, Passholder assumes all responsibilities and risks for all such injuries or other medical conditions.
b. Passholder agrees that a bicycle is a machine that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury or possibly death. Passholder agrees that before using a System bicycle, Passholder shall conduct a safety inspection of the bicycle, which includes inspecting the following: (i) the tires are not deflated; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Passholder agrees not to ride the System bicycle if Passholder notices any mechanical or other problem or safety issue, and Passholder agrees to promptly notify the Operator of all problems and issues and to use a different System bicycle.
c. Passholder acknowledges and agrees that the Operator does not guarantee that there will always be a safe place to ride a System bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. Passholder must not use a System bicycle for racing, riding off road, or any use other than safe operation on public or private roads or property and designated bicycle routes.
d. Passholder acknowledges and agrees that the Operator is not a common carrier. Alternative means of public and private transportation are available to the general public and to Passholder individually, including public buses and rail service, taxis, and pedestrian paths. The Operator provides System bicycles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a System bicycle on their own and who have agreed to all terms and conditions of this Agreement.
f. Passholder agrees to properly secure/lock the bicycle in a location where temporary storage or parking of a bicycle is permitted by the laws, rules and regulations of the County when the bicycle is not being ridden.
g. Passholder agrees that the Operator may require Passholder to return a System bicycle at any time at the Operator’s sole and absolute discretion.
h. Passholder agrees that access to the Service is denied to any person less than 18 years of age.
i. Passholder must report to the police and to Operator’s Customer Service at 1-844-630-4626 soon as possible, but in no event later than 24 hours, after the occurrence of any of the following events: any crash, damage, loss, or personal injury while using a System bicycle; any vandalism; any stolen or lost bicycle; and any stolen or lost System pass.
Section 12 Additional Fees. A System bicycle must be returned by the Passholder in the same condition in which it was rented. If the System bicycle is not returned to a Bike Dock within the Permitted Period of Continuous Use, then upon the 10th hour the Passholder will be charged a fee of $2,000. If the System bicycle is returned to a Bike Dock damaged or in a state of disrepair, then Passholder will be charged a fee that is equal to the actual cost of the repair. Such fees may be charged as soon as 24 hours after the System bicycle is not returned or is returned in a damaged state. The Operator will attempt to contact the Passholder via telephone and email before charging the Passholder’s credit card by using the contact information provided by the Passholder when subscribing to the Service.
Section 13 Helmets. All riders are encouraged to wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a properly sized, fitted, and fastened Snell, CPSC, ANSI, or ASTM approved helmet while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. The Operator does not represent or warrant the quality or safety characteristics of any helmet, and Passholder agrees that the Operator and the County shall not be held liable for any injury suffered by Passholder while using the Service, whether or not Passholder is wearing a helmet at the time of injury.
Section 14 Credit Card Matters. You must input a valid credit card number and expiration date before You will be allowed to use the Service, and You do hereby represent and warrant that You are authorized to use the credit card (the Operator accepts only Visa, MasterCard, American Express, Union Pay and Discover credit card). You do hereby authorize the Operator to charge Your credit card for all expenses incurred on Your Account, including all additional fees and repair charges. If you dispute any charge on Your Account, then you must contact the Operator within 30 days of Your receipt of Your statement containing the disputed charge. Founding Member, Annual and Monthly Passholders have an ongoing duty to update all changes relating to their credit card. A $35.00 authorization hold will be placed on a Passholder’s credit card when a Passholder signs up for the Service for card verification purposes. If a Pay Per Ride Passholder elects to secure multiple System Bicycles (no more than four) then an authorization hold will be placed on the Passholder’s credit card for each bike rental. If the System bicycle is returned within the 10-hour Permitted Period of Continuous Use, then the hold may be released within ten days, depending on the Passholder’s bank’s policies regarding holds. The Operator uses https://www.elavon.com (“Processor”) as the Operator’s transaction payment processor. The transmission of data to Processor and the approval of a credit card should take less than ten (10) seconds; however, a credit card might not allow for an overcharge/overdraft, which means that a Passholder’s transaction request could be denied. All denials of a transaction by a Passholder’s bank, all holds, and all other similar issues are the Passholder’s sole responsibility and should be addressed by the Passholder with his or her bank. The Operator will comply with all applicable laws concerning the storage and transmission of credit card information.
Section 15 Termination. Passholder may terminate Passholder’s use of the Service at any time, and Founding Member, Annual and Monthly Passholders may cancel Pass at any time; provided, however, that (i) no refund will be provided by the Operator, (ii) the term of this Agreement continues in accordance with Section 2 of this Agreement, (iii) the hold may remain on Passholder’s credit card account for up to ten (10) days, even if Passholder terminates Passholder’s use of the Service, and (iv) Passholder may still be charged any applicable additional fees in accordance with Sections 7 and 12 of this Agreement.
Section 16 Choice of Law; Dispute Resolution. This Agreement is governed by and shall be construed and enforced in accordance with the internal laws of the State of Maryland, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which such party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Maryland and agrees that those courts have personal jurisdiction over each party; and (iii) venue must be in the State of Maryland. THE PARTIES, however, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY COURT IN ANY ACTION FOR THE ADJUDICATION OF SUCH CLAIM OR DISPUTE.
Section 17 Waiver. No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
Section 18 Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
Section 19 Final Agreement. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter.
Section 20 Representations. Each party represents and warrants to the other party that: (i) it has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder; (ii) there is no contract or other legal obligation that prevents such party from entering into this Agreement or from undertaking or performing all of its duties and obligations hereunder; and (iii) this Agreement constitutes a legally binding agreement that is fully enforceable against such party.
Section 21 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” “Herein,” “hereunder,” and other similar terms refer to this Agreement as a whole and are not limited to the specific section on paragraph where they appear. Plural terms refer to all Passholders of the relevant class, and singular terms refer to one or more Passholders of the relevant class. All pronouns include the masculine, feminine, and neuter pronoun forms.
Section 22 Contact. You may contact the Operator by writing, calling, or emailing the Operator at the street address, telephone number, and email address listed below:
Bewegen Technologies Inc. / Corps Logistics LLC
2901 Waterview Avenue
Baltimore, MD 21230
SECTION 23 RELEASE AND INDEMNIFICATION. For purposes of this Agreement, “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal or otherwise), damages (including consequential, compensatory or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional or contingent) arising from, relating to or otherwise involving, directly or indirectly, the Service, a System bicycle, Station, Bike Dock, or other items related to the System, including the use of any of the foregoing by the Passholder or any Passholder-Related Third Party. For purposes of this Agreement, the “Released Parties” means, individually and collectively, (1) Bewegen Technologies, Inc. and all of its owners, officers, directors, employees, agents, representatives, subcontractors, including Corps Logistics, LLC, successors, and assigns; (2) the County, and all of its officers, directors, elected and appointed officers, officials, employees, agents, representatives, successors, and assigns; (3) every sponsor of the Service and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns; and (4) every holder of property on which is located a station, bike dock or related item and all of the property holder’s, owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
AS A CONDITION PRECEDENT TO THE USE OF ANY SERVICE, SYSTEM BICYCLE, STATION, BIKE DOCK, OR RELATED ITEMS, PASSHOLDER (ACTING FOR PASSHOLDER AND FOR EACH PASSHOLDER-RELATED THIRD PARTY AND ALL OF PASSHOLDER’S FAMILY, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, HEIRS, AND ASSIGNS) DOES HEREBY (I) RELEASE AND FULLY DISCHARGE THE RELEASED PARTIES FROM ALL CLAIMS THAT PASSHOLDER HAS OR MAY HAVE AGAINST THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW, AND (II) AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CLAIMS ASSERTED BY ANY PASSHOLDER, ANY PASSHOLDER-RELATED THIRD PARTY AND ANY OTHER THIRD PARTY WHOSE CLAIM ARISES FROM, RELATES TO OR OTHERWISE INVOLVES, DIRECTLY OR INDIRECTLY, THE USE OF THE SERVICE BY PASSHOLDER OR A PASSHOLDER-RELATED THIRD PARTY. THE INDEMNIFICATION SET FORTH IN THIS PARAGRAPH SHALL APPLY EVEN WHEN THE ALLEGED NEGLIGENT ACT(S) IS ATTRIBUTED TO OR CAUSED BY THE SOLE NEGLIGENCE OR OWN NEGLIGENCE OF THE RELEASED PARTIES. SUCH RELEASES, DISCHARGES AND INDEMNIFICATION OBLIGATIONS ARE INTENDED TO BE GENERAL AND COMPLETE WITH RESPECT TO ALL CLAIMS. THE RELEASED PARTIES MAY PLEAD SUCH RELEASES AS A COMPLETE AND SUFFICIENT DEFENSE TO ANY CLAIM.
Section 24 DISCLAIMERS. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT
THE COUNTY DOES NOT OWN, NOR IS IT RESPONSIBLE TO MAINTAIN, THE SYSTEM OR ANY PART THEREOF,
THE COUNTY DOES NOT OPERATE THE SERVICES,
THE OPERATOR IS AN INDEPENDENT CONTRACTOR AND IS NOT IN PARTNERSHIP WITH THE COUNTY,
YOUR USE OF THE SYSTEM, ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT AND USEFULNESS WITH RESPECT TO THE SYSTEM, ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM, WHICH ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). THE OPERATOR DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM OR ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST IN THE SYSTEM, ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM, AND
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING THE SYSTEM, ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM, AND THE RELEASED PARTIES ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS, EXPENSES, PENALTIES, ATTORNEYS' FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATED TO A STOLEN OR LOST BICYCLE OR SYSTEM PASS.
Section 25 LIMITED LIABILITY. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE FROM, RELATE TO OR OTHERWISE INVOLVE, DIRECTLY OR INDIRECTLY, (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, THE SYSTEM, ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE USING A SYSTEM BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Section 26 ASSUMPTION OF RISK. PASSHOLDER AGREES THAT BICYCLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE BICYCLE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. PASSHOLDER AGREES THAT RIDING A BICYCLE INVOLVES MANY OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO PASSHOLDER OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED. SUCH RISKS, DANGERS, AND HAZARDS INCLUDE AND RELATE TO, BUT ARE NOT LIMITED TO, OTHER VEHICLES, BICYCLES, PEDESTRIANS, OTHER THIRD PARTIES, BUILDINGS, OBJECTS, POTHOLES, WHEELSTOPS, CURBS, DOCKING PLATES, DELINEATORS, PAVEMENT CRACKS, RUTS, UNEVEN OR UNSTABLE ROADWAYS OR BIKE PATHS, WEATHER CONDITIONS, ROAD CONDITIONS, ANIMALS, ROAD KILL, VEGETATION, AND OTHER PERMANENT OR TEMPORARY OBSTRUCTIONS ON OR NEAR ROADWAYS OR BIKE PATHS, THE POSSIBILITY OF CRIMINAL OR OTHER THIRD-PARTY ACTS OR OMISSIONS, BICYCLE OR COMPONENT MALFUNCTION, NEGLIGENT ACTS OR OMISSIONS BY ANY RELEASED PERSON’S, PASSHOLDER’S OR ANY THIRD PERSON’S NEGLIGENT ACTS OR OMISSIONS, AND PASSHOLDER’S UNDERLYING KNOWN OR UNKNOWN HEALTH CONDITIONS. PASSHOLDER AGREES THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE PASSHOLDER’S SOLE RESPONSIBILITY AND PASSHOLDER ASSUMES ALL RELATED RISKS BY CHOOSING TO RIDE A SYSTEM BICYCLE.
PASSHOLDER FURTHER AGREES THAT IF PASSHOLDER’S USE OF ANY OF THE SYSTEM OR SERVICES CAUSES ANY INJURY OR DAMAGE TO ANOTHER PERSON OR PROPERTY, THEN PASSHOLDER MAY BE LIABLE FOR ALL RESULTING INJURIES, DAMAGES, AND RELATED COSTS. BY CHOOSING TO RIDE A SYSTEM BICYCLE, PASSHOLDER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISKS, DANGERS, AND HAZARDS, AND PASSHOLDER AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY PASSHOLDER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE BICYCLE ITSELF.
PASSHOLDER IS SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE SYSTEM BICYCLE AT ALL TIMES. PASSHOLDER MAY NEED TO TAKE ADDITIONAL SAFETY MEASURES OR PRECAUTIONS NOT SPECIFICALLY ADDRESSED IN THIS AGREEMENT.
Section 27 Severability. If a court deems any provision of this Agreement illegal or otherwise unenforceable for any reason, Passholder agrees that that provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties.
Section 28 Confidentiality of Personal and Financial Data and Information. Unless otherwise required by applicable law, all personally identifiable information that is held by the Operator and pertains to Passholder, including all names, addresses, phone numbers, email addresses, and credit card numbers, will be kept confidential by the Operator; provided, however, that (i) in the event of any accident in which a Passholder is unable to communicate personal information to the appropriate authorities, then the Operator may, in its sole discretion, provide the Passholder’s name, address, phone number, and other important information to such authorities, (ii) the Operator may disclose aggregate and other data about Passholder to the County, including but not limited to rental dates, rental locations, rental durations (including starting rental times and ending rental times), and latitude and longitude data for Passholder addresses (which would not allow any individual's address to be separately identified), so long as the Operator aggregates all such data prior to the City’s receipt of such data;; and (iii) the Operator may disclose personally identifiable information of corporate sponsorship Passholder to their corporate sponsors, to the extent that the Passholder has consented to such disclosure.