In addition to, and without limiting the generality of, the User Agreement, the following waiver applies to users in the City of Long Beach, California.
City of Long Beach, California - Micro-Mobility Release and Waiver of Liability
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING AN ELECTRIC BIKESHARE BICYCLE IN THE CITY OF LONG BEACH (“CITY”). BY USING AN ELECTRIC BIKE-SHARE BICYCLE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, YOU ARE NOT PERMITTED TO RENT OR USE AN ELECTRIC BIKE-SHARE BICYCLE FROM ANY ELECTRIC BIKE-SHARE BICYCLE OPERATOR OR ITS AFFILIATES.
1. RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF ELECTRIC BIKE-SHARE BICYCLE USE
1.1.REPRESENTATIONS AND WARRANTIES. Rider represents and warrants to Operator and City that:
- Rider meets the minimum age requirements: (1) is 18 years of age or older to check out an e-bike with a credit card and ride.
- Rider is experienced and familiar with the safe and competent operation of an e-bike, and that he/she is physically and mentally fit to ride the e-bike.
- Rider is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of an e-bike.
1.2.ACKNOWLEDGEMENTS AND AGREEMENTS: Rider acknowledges and agrees as follows:
- Rider is fully aware that riding an e-bike poses a risk of accident due to motorists, pedestrians, and pavement/sidewalk conditions, and Rider must keep a proper lookout to avoid such accidents.
- Rider is fully trained and capable of operating and riding an e-bike and is not relying on City to learn how to operate or ride an e-bike.
- Failure to use a helmet and protective gear or to use the e-bike in a careful and reasonably competent manner may result in bodily injury or death.
- Rider is solely responsible for obtaining and using a helmet and protective gear.
- Rider is solely responsible for operating and riding an e-bike in a careful and reasonably competent manner.
- A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident.
- Rider is solely responsible for any moving violations and/or fines incurred by Rider while using the e-bike, including any fees for parking the e-bike in prohibited locations.
- If Rider causes damage to property or injury to another party while operating or in possession of the e-bike, Rider is solely liable for such damage or injury. Rider agrees to defend and hold harmless City from any and all losses, liabilities, claims, causes of action, costs, fees, penalties or the like arising from Rider’s use of the e-bike.
1.3.RESTRICTED USES. Rider shall not do any of the following acts (“Restricted Uses”):
- Use any e-bike if Rider is younger than 18 years of age.
- Use any e-bike if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the e-bike.
- Operate an e-bike while carrying any item that impedes Rider’s ability to safely operate the e-bike.
- Operate an e-bike while under the influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the e-bike.
- Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts Rider from the safe operation of the e-bike.
- Allow more than one person to be carried on the e-bike.
- Violate any applicable federal, state, or local law.
- Operate or use an e-bike in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.
- Ride or operate an e-bike that has any defect, fails to operate properly is in need of repair.
- Use the e-bike for racing, trick riding, jumping, stunt riding and/or, off-road riding.
- Tow, pull, carry or push any person or object with an e-bike.
* Modify the physical state of the e-bike
* Alter or modify the onboard electronics of the e-bike
* Bypass or disable the technological operations platform of the system to make the e-bike for personal use
* Modify or make changes to the mechanics or electronics that govern the speed of the e-bike
2. RELEASE AND LIMITATION OF LIABILITY
2.1. FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE E-BIKE AND TO THE FULLEST EXTENT PERMITTED BY LAW, RIDER, FOR HIMSELF OR HERSELF AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) CITY AND CITY’S OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING BUT NOT LIMITED TO, FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO RIDER OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO: (A) THE MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE E-BIKE; (B) ANY RISK, DANGER OR HAZARD DESCRIBED IN THIS RELEASE; (C) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE E-BIKE EQUIPMENT; (D) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW; (E) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER OR A THIRD PARTY; OR (F) RIDER’S FAILURE TO WEAR PROTECTIVE GEAR SUCH AS A HELMET WHILE UTILIZING THE OPERATOR EQUIPMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS RELEASE AND HOLD HARMLESS AGREEMENT INCLUDES ANY AND ALL CLAIMS RELATED TO OR ARISING FROM THE SOLE OR PARTIAL NEGLIGENCE OF CITY OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE CITY WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING AN E-BIKE, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMS.
2.2. IF CITY IS DEEMED TO HAVE ANY LIABILITY ARISING OUT OF RIDER’S USE OF THE OPERATOR EQUIPMENT, INCLUDING E-BIKE OR THE OPERATOR WEBSITE, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO OPERATOR BY RIDER.
2.3 ASSUMPTIONS OF RISKS; DISCLAIMER. RIDER AGREES THAT E-BIKES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE E-BIKE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. RIDER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT RIDER’S USE OF THE E-BIKE IS AT HIS/HER OWN RISK, AND THAT BY CHOOSING TO RIDE AN E-BIKE, RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS. RIDER ACCEPTS THE E-BIKE FOR USE AFTER EXERCISING HIS/HER OWN FREE CHOICE TO PARTICIPATE VOLUNTARILY IN THIS ACTIVITY AND AFTER HAVING INSPECTED THE E-BIKE AND CERTIFYING THAT IS IN GOOD OPERATING CONDITION. RIDER UNDERSTANDS THAT USING AN E-BIKE MAY BE A HAZARDOUS ACTIVITY THAT INVOLVES MANY OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO RIDER OR OTHERS, AS WELL 3 AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED. RIDER ACKNOWLEDGES, UNDERSTANDS AND ASSUMES ALL RISK RELATING TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE E-BIKES, AND UNDERSTANDS THAT USING AN E-BIKE INVOLVES RISK TO THE RIDER AND OTHERS INCLUDING DAMAGES, BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO RIDER OR OTHERS, AND THAT RIDER HAS FULL KNOWLEDGE OF SAID RISKS AND DANGERS, INCLUDING SUCH RISKS, DAMAGES AND INJURIES THAT MAY ARISE FROM THE NEGLIGENCE OF OTHERS OR AS A RESULT OF ROADWAY CONDITIONS. CITY DOES NOT REPRESENT OR WARRANT THAT ANY OF THE E-BIKES, OPERATOR EQUIPMENT OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE OPERATOR EQUIPMENT OR RELATED INFORMATION. RIDER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE E-BIKES AND THE CITY IS NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING.
3. INDEMNIFICATION. Rider shall indemnify, defend and hold harmless City for, from and against any and all Claims related to or arising out of this Agreement, even where caused in whole or in part by City’s negligence, and/or the negligence of others, whether presently known or unknown. At City’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by Rider (provided that, in such event, City may at any time elect to take over control of the defense and settlement of any such Claim). In no event may Rider settle any Claim without City’s prior written consent.