Ride On Dundee
RENTAL AGREEMENT, RELEASE OF LIABILITY AND VOLUNTARY ASSUMPTION OF RISK
Please read carefully through this entire Rental Agreement, Release of Liability and Voluntary Assumption of Risk as it is a legal agreement that contains important information.
THIS RENTAL AGREEMENT CONTAINS RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. YOU SHOULD READ THIS AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.
This Rental Agreement, Release of Liability and Voluntary Assumption of Risk (this “Agreement”) is a legal agreement between you (“Renter, “You”, or “Your”) and Ride On Scotland Ltd. (“Ride On”, “We”, or “Us”) establishing the terms and conditions under which You rent a Bike from Us.
Ride On operates an electric bike sharing program (the “Bike Rental Program”), that allows its users to rent for a fee an electric bike (each a “Bike”) from program stations (the “Stations” and each a “Station”) located in the U.K.;
NOW THEREFORE, in consideration of Your use of the Bike and participation in the Bike Rental Program, You agree to all terms and conditions in this Agreement.
- Renter's Obligations.
- You must be 16 years of age or older to ride a Bike and to participate in the Bike Rental Program.
- You agree that all fees paid to Ride On in connection with this Agreement and the rental of the Bikes shall be non-refundable. Notwithstanding the foregoing, Ride On may, in its sole and absolute discretion, grant You a refund upon Your written request sent to Ride On’s customer service at firstname.lastname@example.org
- You must be experienced and familiar with the safe and competent operation of an electric bicycle and use the Bike correctly in accordance with all the instructions detailed in the following link, and further, You must be physically and mentally fit to ride the Bike. You shall be responsible for any injury or damages resulting or caused from Your operation of the Bike. If You have any existing physical or mental condition that would prohibit You from safely operating the Bike, You are prohibited from riding the Bike. Riding a Bike may cause major injuries or and may worsen or complicate underlying medical conditions or diseases by choosing to ride a Bike, You assume all responsibilities and risk for all such injuries or other medical conditions.
- No more than one (1) person may ride the Bike at any time
- Prior to riding the Bike, and in any way within a radius of 5 metres of the Station from where the Bike was checked out, You shall visually inspect the Bike, including, without limitation, (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) alignment of the fender and the metal rods that hold the fender in place; (vi) good condition of the frame; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. In case of defect or malfunction of the Bike, You agree to discontinue its use, return the Bike to the nearest Station, and immediately notify Ride On of any defect or malfunction of the Bike. You shall not rent a Bike that has visible defects or damage, and You shall be solely responsible for all damages caused from the operation of a visibly defective or damaged Bike.
- You shall not, and shall not attempt to, ride, operate or use a Bike under the influence of drugs or alcohol. You assume all risks and liabilities resulting from any and all use or attempted use of a Bike while impaired. Operating a Bike while impaired or under the influence can cause death or serious bodily injury as well as endangering the safety of others.
- You shall not, and shall not attempt to, ride, operate or use a Bike in any manner during adverse weather or conditions, including but not limited to: tornadoes, hurricanes, heavy rains, or lightning storms. You must limit or adjust Your riding behaviour and braking distance to suit the weather conditions, and You must promptly act in a safe manner and return, should it be necessary and prudent to do so, Your Bike to an available Station.
- You shall comply with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe operation of an electric bicycle, including, but not limited to, complying with the U.K. Highway Code. You shall not operate the Bike on any pavements.
- The Bike has a smartphone phone holder for Your convenience. You shall not use your mobile phone, smartphone or any mobile electronic device while riding. Use of your device as a GPS navigator shall be limited to voice navigation only. If you wish to consult maps on your device you shall do so only after pulling over and stopping the Bike in a safe area.
- You shall not (i) operate a Bike while carrying any item that impedes Your ability to safely operate the Bike, or while placing any item on the handlebars; or (ii) tow, pull, carry or push any person, Pets or object with Bike as such can create an unsafe condition.
- You shall note use the Bike for racing, tricks, jumping, stunt riding, off-road riding, or in any other hazardous manner.
- The Bike is and shall remain the exclusive property of Ride On at all times. You shall not remove or modify any accessories, parts or components of the Bike.
- You shall not permit others to ride, operate or use the Bike. You are expressly prohibited from allowing any third party to ride, operate or use the Bike in any capacity whatsoever.
- Any keycard provided to operate Our Bikes are personal to You, and intended only for your personal use. You shall not transfer or allow Your card to be used by a third party, to the aim of allowing them to use the Bike. If You transfer or allow Your card to be used by a third party, You shall be in breach of this agreement and deemed liable for the amount of £1,000.
- You shall not (i) use the Bike if you exceed 220 lbs./100 kg, or (ii) carry items in the basket to make you reach that weight (220 lbs./100 kg). because it may impair Your ability to ride a Bike.
- You agree to maintain a speed at or below 15 miles per hour when riding anywhere other than on a road.
- You shall keep the Bike secure at all times. The most secure way of storing the Bike is by returning it to the nearest Station, as the Bike may not be equipped with functioning chains and locks. You shall be liable and responsible for any costs, claims, judgments, demands, damages, injuries, expenses, penalties, expenditures of any nature, causes of action, losses, legal fees and court costs of any kind relating to a stolen, lost or damaged Bike. If the Bike is not returned to a Station, You shall be liable for the full returning costs of the Bike to Ride On which is £75.
- You shall treat Ride On’s Stations with respect and shall not cause any damage to them. If in the act of renting, returning the Bike or in any other occasion You damage a Station in any manner, You shall be liable for repairing costs up to a maximum of £3,000.
- You shall return the Bike to a Station in the same condition as it was rented other than ordinary wear and tear. If the Bike is returned to a Station in a damaged state, You are liable for any and all such damages to the Bike. If the Bike is permanently damaged and must be removed from circulation, You shall be liable for the full replacement cost of the Bike which is £2,000) as liquidated damages. You hereby authorise Ride On to charge all repair and replacement costs on Your credit or debit card. Ride On will attempt to contact You via telephone or email before charging Your credit or debit card by using the contact information provided by You.
- You shall report any crash, accidents or personal injury; or the occurrence of theft, loss and damage to the police (call 101) and to Ride On’s customer service at email@example.com. You shall contact Ride On and local Police immediately in the event of theft of the Bike or an accident that occurred during Your use of the Bike resulting in bodily injury. A police report should be obtained in any of these events and provided to Ride On within 5 days of the incident as provided below and contain the facts surrounding the incident and contact information for witnesses and anyone else involved in the accident/incident.
- You agree that You are solely responsible and will not hold Ride On, and/or any of its or their agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organisations, and/or affiliates liable for any violation, fines, and/or illegal activities incurred by You while using, riding and/or operating the Bike. You agree to pay on demand all fines, and court costs, including administrative fees for parking, bus lane, traffic or other legal and/or moving violations assessed against You, the Bike, or Ride On during rental or use of the Bike by You. You agree to pay Ride On for any costs, expenses and/or legal fees for processing, pursuing and/or defending any such claims.
- Use of Helmet.
- Assumption of Risk.
- Release of Liability.
- “Claims” shall mean 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 or in preparation for trial, appeal, mediation, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or related to Your use of the Bike (including without limitation the Holder for your smartphone) and participation in the Bike Rental Program.
- “Released Persons” shall mean (i) Ride On Scotland Ltd. and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the City Councils of such city where you use the Bike, (iii) every sponsor of the Bike Rental Program and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which is located a Station and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
- In consideration of Your use of the Bike and participation in the Bike Sharing Program, You (acting for Yourself and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release and discharge any and all Released Persons from all claims that You have or may have against any Released Person arising out of or in any way related to Your use of the Bike (including without limitation the Holder for your smartphone) or participation in the Bike Rental Program, including, without limitation, any claims based on gross negligence, negligence, action or inaction of the Released Persons, Your own negligence and the negligence of other participants in the Bike Sharing Program, including without limitation claims asserted by any third party against You or a third party related to You or any other third party whose claim arises from, relates to or otherwise involves, directly or indirectly, the use of the Bike by You or a third party related to You. Such releases are intended to be general and complete releases and waivers of all claims arising out of or in any way related to Your use of the Bike (including without limitation the Holder for your smartphone) or participation in the Bike Sharing Program. The Released Persons may plead such releases as a complete and sufficient defence to any claim, and may do so as intended third-party beneficiaries of such releases, if appropriate.
- Without limitation of the foregoing general releases, You acknowledge and agree that, except as may otherwise be limited by applicable law, all Released Persons are not responsible or liable for any claim, including those that arise out of or relate to (A) any risk danger, or hazard described in this Agreement, (B) Your use or, or inability to use, the Bikes, Stations, or related infrastructure, (C) Your breach of this Agreement, including but not limited to Your violation of any obligation set out in section 1, or Your violation of any law, (D) any negligence, misconduct, or other action or inaction by You or any Released Person, (E) Your failure to wear a bicycle helmet or other protective gear or clothing while using a Bike, or the failure of such helmet or protective gear or clothing to prevent death or injury, or (F) any negligence, misconduct, or other action or inaction of any third party. You release and 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 Persons have been advised of the possibility of such claims.
- You further specifically acknowledge and agree that Your use of any of the Bikes (including without limitation the Holder for your smartphone), Stations, and relating information and Your participation in the Bike Rental Program is at Your sole risk. To the fullest extent permitted by Law, and with respect to Your use of any of the Bikes (including without limitation the Holder for your smartphone), Stations, and relating information and Your participation in the Bike Rental Program, Ride On and all other released persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular propose. The Bikes, Stations and relating information are provided “AS IS” and “AS AVAILABLE” (and You rely on them solely at Your own risk). Ride On and all other released persons do not represent or warrant that any of the Bikes, Stations or related information will be in good repair or error-free. You acknowledge and agree that delays, omissions, interruptions, or inaccuracies could exist with respect to any of the Bikes, Stations or related information. You assume full responsibility and risk of loss for use of any of the Bikes, Stations, and relating information and Your participation in the Bike Rental Program, and Ride On and all other Released Persons 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, legal fees, judgments, suits, or disbursements of any kind or nature whatsoever related to a stolen or lost Bike or system pass. If You weigh more than 220 lbs./100 kg. You acknowledge that You are aware there is a higher risk of You being involved in an accident and that You specifically assume such risk.
- Your use of any of the Bikes (including without limitation the use of the Holder for your smartphone), Stations and Your participation in the Bike Rental Program may cause injury or damage to another person or property. You acknowledge and agree that You shall be responsible for such injury or damage. By choosing to ride a Bike (including without limitation the use of the Holder for your smartphone), You assume full and complete responsibility for all related foreseeable and unforeseeable risk, dangers, and hazards, and You agree that Ride On and all other Released Persons are not responsible for any death, injury, damage, or cost caused by You with respect to any person or property, including the Bike itself. You will defend, indemnify, hold harmless and reimburse the Released Persons from and for all damages, losses, costs, or expenses (including legal fees) incurred by the Released Persons or paid by them to any person (including You or Your insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with Your use of the Bike and participation in the Bike Rental Program. You will reimburse the Released Persons if anyone makes a claim against any of the Released Persons in connection with Your use of the Bike and participation in the Bike Rental Program, including, without limitation, any accident You may be involved in or any injury, loss, damage to You, other parties or property however caused.
- You understand that the Bike Rental Program does not provide insurance coverage for damage or injuries incurred during the Bike Rental Program. You agree to be responsible and assume liability for any and all costs incurred as a result of participation in the Bike Rental Program, including without limitation ambulance transport services, hospital stays, medical treatment. You agree to indemnify and hold harmless the Released Persons from all liability for such costs.
- Subscriptions and Fees.
- You may subscribe to a membership of monthly, quarterly or annual duration. When You subscribe to a membership, You agree to be charged the applicable membership fee plus any usage or surcharge fees as listed on www.rideondundee.com and are subject to applicable sales taxes and other local government charges, which may be charged and collected by Ride On. All such membership fee and surcharge fees are subject to change, from time to time, at the sole discretion of Ride On and shall become effective upon listing on Ride On’s website. Your subscription becomes valid and active upon purchase. All memberships will be automatically renewed upon expiration of the selected duration unless You cancel Your subscription prior to such renewal. Additional terms and conditions shall apply effective upon their publication on Ride On’s website.
- You may also acquire day-passes of a duration of 24, 48 or 72 hours. When You purchase a day-pass, You agree to be charged the applicable day-pass fee plus any usage or surcharge fees as listed on www.rideondundee.com and are subject to applicable sales taxes and other local government charges, which may be charged and collected by Ride On. All such day-pass fee and usage or surcharge fees are subject to change, from time to time, at the sole discretion of Ride On, and shall become effective upon listing on Ride On’s website. Your day-pass becomes valid and active upon purchase and automatically cancels upon expiration of its duration. Additional terms and conditions shall apply effective upon their publication on Ride On’s website.
- You may also opt to pay based on Your individual use of a Bike (also known as “Pay as you go” option). When you opt to pay based on Your individual use of a Bike, You agree to be charged the applicable single-ride fee plus any usage or surcharge fees as listed on www.rideondundee.com and are subject to applicable sales taxes and other local government charges, which may be charged and collected by Ride On. All such single-ride fee and surcharge fees are subject to change, from time to time, at the sole discretion of Ride On, and shall become effective upon listing on Ride On’s website. Usage fees are calculated based on the time of your rental. The time of your rental will start from the earlier of the time of making a reservation for a Bike or the unlocking of the Bike, and will end upon Your return of the Bike to a Station. Additional terms and conditions shall apply effective upon their publication on Ride On’s website.
- The ride time data generated by Ride On’s system is conclusive evidence of the period of Your use of a Bike. If You have any dispute regarding a chargeable trip, then You must, within 10 business days of Your receipt of Your statement containing the disputed charge, provide to Ride On all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.
- You must input a valid credit or debit card number and expiration date before You will be registered to participate in the Bike Rental Program, and You must maintain a valid credit or debit card throughout the duration of any membership. Participating card networks may be shown on Ride On’s website and at Stations. You represent and warrant to Ride On that You are authorised to use the credit or debit card provided for payment. You authorise Ride On to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges, including any charges for any stolen, lost or damaged Bike. If You dispute any charge on Your credit or debit card account, then You must contact Ride On within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Ride On of all changes relating to Your credit or debit card and update Your member profile on Ride On’s website or application. If the credit or debit card connected to Your membership becomes invalid at any time and You do not replace it on Your member profile with a valid credit or debit card, Ride On may suspend your membership.
- Term and Termination.
- No Third-Party Beneficiaries.This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
- Governing Law.All matters arising out of or relating to this Agreement are governed by and construed in accordance with the applicable laws of England and Wales.
- Submission to Jurisdiction.Any lawsuit, action or proceeding arising out of or relating to this Agreement shall be instituted in the courts of England and Wales.
- Severability.If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such provision shall be severed from this Rental Agreement and any invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- 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.
- Cumulative RemediesAll 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.
- ModificationsFrom time to time, and without providing You notice, Ride On may modify the terms of this Agreement. You are solely responsible for reviewing and familiarizing Yourself with the terms of this Agreement.
- Entire Agreement.This Agreement constitutes the sole and entire agreement of between You and Ride On with respect to the subject matter contained herein and therein, and supersede all prior and contemporaneous, conflicting or additional representations, warranties, understandings and agreements, both written and oral, with respect to the subject matter of this Agreement.
- You have fully read and understood this Agreement and its provisions, including, without limitation,Section 1 (Renter´s obligations and particularly the instructions included therein); Section 3 (Assumption of Risk), Section 4 (Release of Liability) and Section 5 (Indemnification);
- You agree with and give Your consent to all terms and conditions contained in this Agreement, including, without limitation, Section 3 (Assumption of Risk), Section 4 (Release of Liability) and Section 5 (Indemnification).
As a participant in the Bike Rental Program, You shall return the Bike to a Station when not in use. Your use of the Bike shall be limited to twenty-four (24) consecutive hours. If You fail to return the Bike at a Station within a period of twenty-four (24) consecutive hours, the Bike will be deemed lost or stolen, You will be charged for the full replacement cost of the Bike, and a police report may be filed with local authorities. You will also be liable for all costs for discontinuance of service.
As a preventive measure, Ride On strongly recommends that You wear a protective helmet (in any case compliant with CPSC, ANSI or Snell standards) while using the Bike. Wearing a helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head. However, cycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. Ride On does not represent or warrant the quality or safety characteristics of any helmet, and You agree that Ride On shall not be held liable for any injury suffered by You while using the Bike, whether or not You are wearing a helmet at the time of injury. You assume all risk of not wearing a helmet.
You acknowledge and agree that Your choice to use the Bike and to participate in the Bike Sharing Program is knowing and voluntary. Riding a Bike involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from Your own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the road, 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, light rail or rail road tracks, 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, bike or component malfunction, negligent acts or omissions by any released person, Your or any third person’s negligent acts or omissions, and Your underlying known or unknown health conditions. Further, there may be other risks not known to You or reasonably foreseeable at this time. You acknowledge and agree that You have considered the risks involved, and You voluntary and freely choose to assume these risks.
You further agree that if Your use of any of the services causes any injury or damage to another person or property, then You may be liable for all resulting injuries, damages, and related costs. By choosing to ride the Bike, You assume full and complete responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards, and You agree that the Released Persons are not responsible for any death, injury, damage, or cost caused by You with respect to any person or property, including the Bike itself.
You are solely and fully responsible for the safe operation of the Bike at all times. You may need to take additional safety measures or precautions not specifically addressed in this agreement.
To participate in the Bike Rental Program:
Ride On may, at any time, unilaterally terminate Your right to participate in the Bike Rental Program or terminate any of the services in the Bike Rental Program, at Ride On’s sole discretion and without any notice or cause. You may terminate your use of the Bike Rental Program at any time; provided, however, that (i) no refund will be provided by Us and (ii) You may still be charged any applicable additional fees arising under this Agreement. Section 1 (Renter’s Obligations), Section 3 (Assumption of Risk), Section 4 (Release of Liability), Section 5 (Indemnification), Section 7 (Term and Termination), Section 8 (Miscellaneous) shall survive any termination or expiration of this Agreement.
By clicking the “Next” button or otherwise checking out a Bike, You expressly and affirmatively acknowledge that: