1. PURPOSE OF AGREEMENT
This document constitutes the entire Agreement (“Agreement”) between (a) RIDER (“RIDER” or “You”) the person agreeing to license and use the bike (“Bike”), and (b) [NETWORK, CORP] (“SHIFT BIKE”) d/b/a SHIFT BIKE.
2. GENERAL RENTAL AND USE OF BIKE
Agreements and Restrictions
2.1 RIDER is sole user: SHIFT BIKE expressly agrees to license use of the SERVICES, and the RIDER expressly accepts the license to use the SERVICES subject to the terms and conditions set out herein. SHIFT BIKE and the RIDER are the only parties to this Agreement. The RIDER is the sole licensee and is solely responsible for compliance with all terms and conditions contained herein.
2.3 RIDER is a competent bike operator: RIDER represents and certifies that he/she is familiar with the operation of the Bike, and is reasonably competent and physically fit to ride the Bike.
2.4 Bike is exclusive property of Drop Mobility: RIDER agrees that the Bike and any equipment attached thereto, at all times, remains the exclusive property of SHIFT BIKE. RIDER will not make any modification to the Bike at any time.
2.5 Bike Operating Hours and Bike Availability: RIDER agrees that Bikes must only be used during the maximum time limits set forth in 2.6 below. Bikes are limited and Bike availability at any hub is never guaranteed.
2.6 MAXIMUM USAGE TIME AND CHARGES: Maximum time for use of the Bike is 8 hours. RIDER understands that SHIFT BIKE is a hub to hub bike share service and no trip can end outside of a designated SHIFT BIKE hub. RIDER agrees that at the end of trip the RIDER will return the Bike to a designated SHIFT BIKE hub as identified in the app within 8 hours of time that usage of the Bike began. RIDER may then checkout the Bike again. RIDER agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return. RIDER understands that there are additional fees for ending trips outside of SHIFT BIKE’s hubs and service area. Bike Usage Charges are as articulated in the App or as in the RIDER’s chosen plan. Upon return of the bicycle, the RIDER will be charged the accumulated usage charges, or the maximum day charge; whichever is less. The maximum day charge is $ 225.00 and is based on a calendar day. Bikes returned and locked outside of the service area will be assessed a $75.00 out of service retrieval fee. Bikes not returned within 24 hours will be considered stolen, and RIDER may be charged $2,300.00. Applicable local and state sales tax of [8.9% for Town of Vail, 8.4% for Town of Avon and 5.4% for EagleVail Metro District]% are included in Rental and Replacement Charges and determined by point of origin for the ride. Fees. Your access to and use of the Services is subject to your payment of the applicable fees due for the Services selected by You ("Fees") and all other applicable amounts, charges and taxes indicated to You when you use the Service. SHIFT BIKE may put a hold of $1.00 on your credit card, or $30.00 for pre-paid cards, for the rental period and this will be released as soon as You end the trip on the App. In certain cases it may take up to a couple days for the hold to be released depending on your bank. Fee Schedule:
1. Maximum usage (does not include additional fees when applicable) = $ 225.00
2. Trip ended out of service area = $75.00
3. Trip ended out of SHIFT BIKE hub = $15.00
4. Bike improperly parked or no end of trip photo provided = $10.00
5. Bike left unlocked = $35.00
6. Stolen vehicle recovery = $50.00
7. Loss of bike due to theft or damage = $2,300.00
Payment. Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately using the Billing Information You provided. Receipts for purchased Services will be delivered to You electronically via the App or the email address You provided. You shall:
(i) keep the Billing Information, accurate and up to date; otherwise, we may suspend or terminate your use of the Services;
(ii) promptly email [SUPPORT EMAIL] if your Billing Information changes due to loss, theft, cancellation or otherwise;
(iii) be liable for
2.7 Not a Common Carrier. RIDER agrees that SHIFT BIKE is not a common carrier. Alternative means of public and private transportation are available to the general public and to the RIDER individually, including public transportation, taxis, ride hailing services and pedestrian paths. SHIFT BIKE’s SERVICE is offered as a convenience.
2.8 Bike may be used and/or operated only in the service area including the Towns of Vail and Avon and EagleVail Metro District: RIDER agrees to only use, operate and/or ride the Bike in the service area including the Towns of Vail and Avon and EagleVail Metro District:]. RIDER will not, under any circumstances, remove the Bike from the service area including the Towns of Vail and Avon and EagleVail Metro District:
2.9 RIDER must follow rules of use and/or operation of Bike: RIDER agrees to follow all state and local laws, rules, and regulations pertaining to the use, riding and/or operation of bicycles in the service area including the Towns of Vail and Avon and EagleVail Metro District:.
2.10 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.
2.11 RIDER’s use of front carrier/basket is limited: RIDER acknowledges that the front carrier/basket of the Bike is intended for light goods only, and that he/she will not carry people or animals in the basket or anywhere on the bicycle.
2.12 RIDER must report any accident, stolen or lost Bike, and RIDER agrees that he/she must immediately report an accident, or a stolen or lost Bike to SHIFT BIKE 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 or disbursements of any kind or nature whatsoever related to any accident, stolen or lost Bike.
2.13 RIDER responsibility related to Bike use and damage: RIDER agrees to return the BIKE to SHIFT BIKE in the same condition received, ordinary wear and tear excepted. RIDER agrees to ensure that the Bike is always locked and secured when unattended. Bikes may be equipped with wire locks; however, SHIFT BIKE will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances, regardless of whether Bike locks are used or not properly functioning. 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 paid by SHIFT BIKE for repairs. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay SHIFT BIKE the full replacement value of the equipment. Drop-Off Procedure. To end your rental, find a SHIFT BIKE hub. Use the "End Trip" button on the App to lock the bike. Take a picture of the parked and locked/tethered bike and upload it to the SHIFT BIKE App. You will receive a rental summary confirming your pick-up location and time, drop-off location and time, and Fees owed for the rental. 3. ASSUMPTION OF RISK; WAIVER; LIMITATION OF LIABILITY AND COVENANT NOT TO USE
3.1 RIDER understands and acknowledges that there are inherent risks that are hazardous to RIDER when RIDER uses and operates a Bike, and that these risks may or may not be caused by the negligence of RIDER or SHIFT BIKE or of others, or by defective equipment owned, maintained, or controlled by SHIFT BIKE or a third party, and that no amount of care or caution that RIDER or SHIFT BIKE may use, and no amount of instruction or expertise on part of SHIFT BIKE, can eliminate these risks. RIDER is freely licensing and using a Bike, and RIDER is aware there is risk and hereby expressly assumes all risk associated with licensing, usage and operation of a Bike, whether or not the risk is known or unknown to RIDER, as well as the risk of travel to and from the Bike hub, and that all of the foregoing risks may result in injury or harm including without limitation personal injury, illness, death or disability; as well as possible damage or destruction of the Bike or RIDER’s personal property.
3.2 RIDER understands that the SHIFT BIKE does not provide insurance coverage for injuries incurred during the use of the SERVICE.
3.3 For and in consideration of the license to use and operate the Bike, to the fullest extent permitted by law, RIDER irrevocably and forever releases and relinquishes and discharges SHIFT BIKE, Drop Mobility, the Town of Vail, Town of Avon and EagleVail Metro District, all SHIFT BIKE Sponsors as well as owners of property upon or near which hubs are located (“Released Parties”) from any and all claims, liability, cause (s) of action and/or damage or personal injury including wrongful death, of or to RIDER or others (third parties) and injury to the property of others (third parties), which arises out of, results from or relates to this Agreement or the use or operation of the Bike (including usage that is permitted under this Agreement), misuse, maintenance, or design, of the Bike, the SHIFT BIKE program, and/or its website, including any and all claims, liability, cause(s) of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others (third parties). By this agreement RIDER covenants (promises) not to sue, and that RIDER will not bring, institute, prosecute, or in any way aid in the prosecution of any claim, demand, lawsuit, action, or cause of action against SHIFT BIKE, Drop Mobility, Town of Vail, Town of Avon and EagleVail Metro District, all SHIFT BIKE Sponsors and any such claims, rights, and causes of action that RIDER or RIDER’s estate may have, are hereby irrevocably waived, released and relinquished, and RIDER does(do) so on behalf of RIDER’S heirs, executors, administrators and assigns.
3.4 RIDER EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES, including the Town of Vail, Town of Avon, Eagle-Vail Metro District and their officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the RIDER and FROM ANY AND ALL LIABILITY FOR ANY DAMAGES RELATED TO CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY OR LOSS OF LIFE, WHETHER CAUSED BY THE SOLE OR PARTIAL NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE NEGLIGENCE OF OTHERS, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OF EITHER PARTY OR OF A THIRD PARTY, OR ANY OTHER LEGAL THEORY, IN CONSIDERATION FOR USING AND/OR OPERATING THE BIKE. PROHIBITED BEHAVIOR You must not do any of the following while using the Services: 1. Allow any minor to operate a SHIFT BIKE bicycle that is rented under your account; 2. Operate a SHIFT BIKE bicycle while distracted, including using a cellphone or other electronic device;
3. Operate a SHIFT BIKE bicycle while under the influence of alcohol, drugs or any other substance that would impair your ability to safely operate the bicycle; 4. Operate a SHIFT BIKE bicycle with any passengers or second RIDERs; 5. Dismantle, take apart, or modify in any way a SHIFT BIKE bicycle; 6. Exceed the maximum weight limit for a SHIFT BIKE bicycle if indicated on the bicycle or communicated to You via the App; or 7. Engage in any behavior using the SHIFT BIKE Services or bicycles that is reasonably expected to cause a risk of danger or harm to You, other people or property. 8. Leave the Bike in a hazardous location such as the side of freeway or onramp. 9. Park the Bike without locking to a secure object with the provided integrated cable. 10. Lock the Bike using a personal lock or lock a bike on private property or any other location inaccessible to the public. Breach of any of the above will result in your immediate termination from the SHIFT BIKE Services. 4. GOVERNING LAW AND LEGAL RIGHTS
4.1 This Agreement is made and executed in the State of Colorado. This Release shall be subject to, and interpreted by and in accordance with the laws of the State of Colorado, regardless of any conflict of laws provisions.
4.2 RIDER expressly recognizes, and has had the opportunity to discuss with counsel of RIDER’s choosing, that this Agreement and the waiver, release of liability, indemnity and covenant not to sue and is a contract pursuant to which RIDER is a party, and that the contract is the law of the parties and has binding effect. RIDER expressly intends to enter into this Agreement, that RIDER does so voluntarily and of RIDER’s own free will. 5. THIRD-PARTY CONTENT
Advertising. You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser, and You further acknowledge and agree that SHIFT BIKE shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials You choose to download, whether intentionally on unintentionally, from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature. Links & Third-Party Websites. The Website may contain links to other websites that are not owned or controlled by SHIFT BIKE. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by SHIFT BIKE of that third party, third party product or service. SHIFT BIKE is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and/or services, and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) does not imply that SHIFT BIKE endorses or accepts any responsibility for the content or use of such websites, and You hereby release SHIFT BIKE from any and all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. 6. DISCLAIMERS DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the SHIFT RIDE App or Services, please contact us at: email@example.com
Effective Date: May 27, 2022