USER AGREEMENT
TERMS AND CONDITIONS, RIDER’S RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS.
RIDER should CAREFULLY READ all terms and conditions before entering this Agreement.
PURPOSE OF AGREEMENT This document constitutes the entire Agreement (“Agreement”) between (a) RIDER, the person agreeing to lease and use the bike or e-bike (collectively, “Bike”) on the one hand, and (b) Bike Miami Valley, Ohio, an Ohio non-profit corporation (“LINK”) on the other hand.
GENERAL RENTAL AND USE OF BIKE: Agreements and Restrictions
2.1 RIDER is sole user: LINK expressly agrees to let, and the RIDER expressly agrees to take on, rental of the Bike subject to the terms and conditions set out herein. LINK and the RIDER are the only parties to this Agreement. The RIDER is the sole lessee and is solely responsible for compliance with all terms and conditions contained herein.
2.2 RIDER is 18 or older: RIDER represents and certifies that RIDER is at least 18 years old. If RIDER intentionally or unintentionally misrepresents his/her age, RIDER accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such misrepresentation.
2.3 RIDER is a competent bike operator: RIDER represents and certifies that he/she is familiar with the operation of the Bike, is reasonably competent and physically fit to ride the Bike and is familiar with all applicable traffic and safety law and ordinances.
2.4 Bike is exclusive property of LINK: RIDER agrees that the Bike and any equipment attached thereto, at all times, remains the exclusive property of LINK. RIDER will not make any modification to the Bike at any time.
2.5 Bike Operating Hours and Bike Availability: RIDER agrees and acknowledges that the Bikes are available year round, 7 days/week. Bikes must be rented within the maximum rental time limits set forth in 2.6 below. Bikes are limited and Bike availability at any hub is never guaranteed.
2.6 MAXIMUM RENTAL TIME AND CHARGES: Maximum rental time is 24 hours. RIDER agrees that RIDER will be charged for rental of the Bike (as set forth herein, “Rental Charges”) and may be charged for replacement if the Bike is not returned as provided herein (“Replacement Charge”). RIDER will return the Bike to a designated LINK Bike Hub within 24 hours of time that rental of the Bike began. RIDER may then rent again. RIDER agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return. In addition to the cost of a LINK Membership, Bike Rental Charges for a Pay-As-You Go Pass area a $1 to unlock and 15 cents a minutes for the e-bike and 10 cents a minute for the green bike. The maximum charge per day is $50 and is based on a calendar day. Upon return of the bicycle, the rider will be charged the accumulated rental charges, or the maximum day charge; whichever is less. Bikes not returned and properly locked and secured to a designated LINK hub station after 24 hours will be considered stolen, and Rider will be charged $1,092.00 or $1,600.00, whichever is applicable. Applicable local and state sales tax shall be included in all Rental and Replacement Charges.
2.7 Bike may be used and/or operated in the service area only in the City of Dayton: RIDER agrees to only use, operate and/or ride the Bike in the City of Dayton. RIDER will not, under any circumstances, remove the Bike from the City of Dayton. A RIDER may leave the service area to another part of the City on a longer trip, but the Bike must be returned to a Hub in the service area before the maximum rental period of 24-Hours.
2.8 RIDER must follow rules of use and/or operation of Bike: RIDER agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, including all state and local laws and the rules and regulations pertaining to bicycles in the City of Dayton.
2.9 Bike is intended for only limited types of use: RIDER agrees that he/she will not use the Bike for racing, mountain bike riding, stunt or trick riding. RIDER agrees that he/she will not operate and/or use the Bike on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others. RIDER agrees that he/she will not use the Bike for hire or reward, nor use it in violation of any law, ordinance or regulation.
2.10 RIDER’s use of front carrier/basket is limited: RIDER agrees that he/she will not use the basket for any purpose other than carrying small and light items while riding the Bike. RIDER acknowledges the basket is for light items only and that he/she should not overfill the basket with too many items or heavy items as it can cause an unsafe condition and may impair the balance, steering and/or stability of the Bike which can result in injury to RIDER or injury or damage to other persons or third party property. LINK is not responsible for damage or loss to any items or property being transported, carried or left in the Bike basket and RIDER is solely responsible for such items at all times.
2.11 RIDER must report accident, stolen or lost Bike: RIDER agrees that he/she must immediately report an accident, or a stolen or lost Bike to LINK and Police. RIDER agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits, Rental Charges, Replacement Charges or disbursements of any kind or nature whatsoever related to a stolen or lost Bike.
2.12 RIDER responsibility related to Bike use and damage: RIDER agrees to return the BIKE to LINK in the same condition received, ordinary wear and tear excepted. RIDER agrees to only return the Bike to a designated LINK hub. RIDER agrees to lock and secure Bike with the attached cable to a LINK hub, and when using an e-bike, ensure the rear wheel locking mechanism is engaged in the locked position. RIDER should contact LINK immediately if the cable lock is not locking and/or the e-bike wheel locking mechanism does not engage into the locked position. Bikes are considered secured and locked when the cable wraps around the main frame of the bike and to the designated LINK hub rack. Bikes found to be improperly locked, will incur for $50 fine. LINK will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances. RIDER agrees to pay for destruction or loss of Bike and for any damage, including replacement parts. (RIDER agrees to pay for any loss even though damage was caused by someone else). All repairs needed as a result of any damage, will be performed at the normal labor rates. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay LINK the Replacement Charges plus applicable sales tax.
2.13 University of Dayton Policies: While on University of Dayton (UD) property, RIDER agrees to abide by UD's policies, including, but not limited to, UD's Campus Smoking Policy and Non-Discrimination and Anti-Harassment policy. UD's campus policies can be reviewed on the University of Dayton website at www.udayton.edu/policies/.
3. WAIVER AND RELEASE
3.1 For and in consideration of rental and use of the Bike, RIDER on behalf of him/herself and his/her legal guardians, heirs, executors, successors and assigns specifically absolutely and unconditionally forever releases and relinquishes and discharges LINK, Drop Mobility, the City of Dayton, all LINK Sponsors, their respective successors, assigns, agents, employees, attorneys, officers and directors and the owners and lessees of property upon or near which hubs are located (collectively, the “Released Parties”) from any and all claims, liability, cause(s) of action and/or damage or wrongful death, injury to others and/or third parties, whether related to the sole or partial negligence of Released Parties and/or the negligence of others or otherwise which arise out of, result from or relate to (i) this Agreement, (ii) the rental, maintenance, design, use and/or operation of the Bike, the Hub and/or any related equipment, and (iii) the LINK program, and/or its website.
3.2 RIDER expressly agrees to indemnify, defend, release and hold harmless Released Parties from all liability for any such property loss or damage, personal injury or loss of life of RIDER or others, whether caused by the sole or partial negligence of LINK and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.
3.3 RIDER voluntarily agrees, understands and recognizes that RIDER will have no right to make a claim or file a lawsuit against Released Parties arising out of this Agreement, the rental, maintenance, design, use and/or operation of the Bike, the LINK program, and/or this website, in consideration for using and/or operating the Bike.
3.4 This agreement is governed by the applicable laws of the State of Ohio. If any provision of this agreement is found to be unenforceable, all other provisions will be given full force and effect.
3.5 RIDER acknowledges that riding the Bike involves a risk of injury or death to RIDER and/or others. RIDER knowingly and voluntarily assumes all risks associated with his/her use and operation of the Bike and related equipment and agrees that, pursuant to this Agreement, the Released Parties shall bear no risk of RIDER’s injury or death or the injury or death of others.
4. ACCEPTANCE OF AGREEMENT BY RIDER
RIDER expressly acknowledges that he/she has carefully read the entire Agreement and understands this Agreement, including, but not limited to, the Waiver and Liability, Assumption of risk and Indemnification Provisions fully and expressly agrees to be bound by this Agreement. After careful deliberation, RIDER voluntarily gives his/her consent and expressly agrees to all the conditions included in this Agreement as set forth above by clicking “Agree” to accept this User Agreement.