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.
New York City - Micro-Mobility Release and Waiver of Liability
In addition to, and without limiting the generality of, the User Agreement, the following amendment applies to scooter rides taken in New York City, New York. Please read these terms carefully before using a scooter in New York City. By using a scooter in New York City, you agree to the following amendments to the Terms with regard to your ride in New York City.
The last paragraph in Section 1 of the Terms is deleted in its entirety and replaced with the following:
IMPORTANT NOTE ON : PLEASE CAREFULLY REVIEW THE PROVISION IN SECTION 18, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US IN MANDATORY MEDIATION PRIOR TO FILING A LAWSUIT. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE PROVISION WORKS.
Section 18 of the Terms is deleted in its entirety and replaced with the following:
Section 18. MUTUAL MANDATORY MEDIATION PROVISION.
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.
This provision is governed by, and must be construed and enforced in accordance with, the laws of New York State, excluding principles of conflicts of laws. For every dispute related to the use of our Services: the parties must submit the Dispute to mandatory mediation held in New York State. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. The parties agree to work in good faith to settle the Dispute by mediation through the selection of a mutually agreed upon mediator. Each party shall bear its own costs and expenses associated with the mediation and pay an equal share of the mediation fees and costs. If, however, any laws require Lime to pay a greater portion or all of such fees and costs in order for this Section 18 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to mediation.
In the event that the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
This Mutual Mandatory Mediation Provision will survive any termination of the Services and/or your relationship with us.
This Mutual Mandatory Mediation Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Agreement. Section 18 can be amended only by our mutual written agreement. In the event any portion of this Mutual Mandatory Mediation Provision is deemed unenforceable, the remainder of this provision will be enforceable.
Small Claims Matters Are Excluded from Mediation Requirement: Notwithstanding the foregoing, either you or Lime may bring a Dispute in small claims courts of competent jurisdiction. Lime reserves the right to reject your request for arbitration for any Dispute which can be resolved in small claims courts.