Including Terms and Conditions of Use and Rider's Release of Liability
Rider should CAREFULLY READ and understand all terms and conditions of this Agreement before using a Bike. Rider's use of a Bike is deemed an acknowledgement that Rider has read and understands this Agreement, and is deemed an acceptance of this Agreement, as it may be modified from time to time.
1. Scope, Purpose and Acceptance of Agreement.
1.1 Scope of Agreement. This document sets forth the Agreement ("Agreement") between (a) you, theRider ("you", "your" or "Rider") and (b) PEDALSHARE INC. , which operates as "PEDALSHARE INC. ", for the use of bicycles ("Bike"or "Bikes") offered by PEDALSHARE INC. at its stations located in municipalities within the County of Suffolk in the State of New York, regardless of whether you pay a Rental Charge for use of the Bike or are allowed use of a Bike without charge. As used in this Agreement, Rider refers to the person using the Bike when that person is 18 years of age or older; if the person using the Bike is under the age of 18 ("Minor Rider"), Rider refers to both the Minor Rider and Minor Rider's parent or legal guardian.
1.2 Purpose of Agreement. Rider acknowledges that PEDAL SHARE INC. is a bike-sharing system that provides the County of Suffolk in the State of New York residents, workers and visitors with an environmentally-friendly, low cost transportation option. Adherence to the terms of the Agreement enables PEDALSHARE INC. to fulfill this mission and provide other related activities, services and benefits (together, the " PEDALSHARE INC. System").
excluding any data disclosing Associate's specific trips on any bicycle.
1.4 Changes to Terms of this Agreement. PEDALSHARE INC. may modify this Agreement from time to time as needed. Any modification will be effective within 72 hours of posting unless otherwise stated on any Bike rental station or PEDALSHARE INC.-affiliated website, which presently include PEDALSHARE INC.(S) and (these,together with future affiliated websites, are referred to as the "PEDALSHARE INC. Websites").
1.5 Acceptance of Agreement. Rider acknowledges that he or she has carefully read and understands this entire Agreement, and agrees to be bound by this Agreement and all of its terms and conditions. This Agreement iseffective as of Rider's rental or use of a Bike, and each such use or rental of a Bike by Rider is deemed an acceptance of this Agreement, as it may be modified from time to time.
2. General Terms of Rental and Use of Bike.
2.1 Rider is Lessee. PEDALSHARE INC. agrees to let to Rider, and Rider agrees to rent from PEDALSHARE INC., a Bike subject to the terms and conditions of this Agreement. Rider is the sole allowed lessee of the Bike andis responsible for compliance with the terms and conditions of this Agreement.
2.2 Rider is a Competent Bike Operator. Rider represents and certifies that Rider is physically fit, reasonablycompetent to ride the Bike, and is familiar with the operation of the Bike. By choosing to ride a bike, Rider assumes all responsibilities and risks for any injuries or medical conditions.
2.3 Safety Check. Before each use of a Bike, Rider shall conduct a basic safety inspection of the bicycle, which includes inspecting the following: (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) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Bike if there are any noticeable issues, and to immediately notify customer service to alert PEDALSHARE INC. of any problems.
2.4 Bike Belongs to PEDALSHARE INC. Rider agrees that the Bike, and any equipment attached thereto, is the exclusive property of PEDALSHARE INC. Rider shall not make any modifications to the Bike.
2.5 Bike Operating Hours and Bike Availability. Bikes are available for rent 24 hours a day, 7 days a week, with seasonal and weather limitations. There are a limited number of Bikes in the PEDALSHARE INC. System and a Bike rental station may not have Bikes available for rental at all times. As well, there may be times when stations are full and returning a Bike requires an extra step or steps. To check the availability of Bikes and empty docks, please visit a PEDALSHARE INC. Bike rental station.
2.6 Maximum Rental Time and Charges. The maximum rental time and charges are as depicted onHTTP://www.ridepedalshare.com.
2.7 If the bicycle is not returned within 72 hours it is considered stolen.
2.8 Bikes May Not Be Used Outside Service Area . Rider agrees to use the Bike only within County of Suffolk, and shall not remove the Bike from the County of Suffolk. Bikes may not be transported between PEDALSHARE INC. systems located in other areas outside of the service area.
2.9 Laws Governing Use or Operation of Bike. Rider agrees to obey all federal, state and local laws, ordinances,rules and regulations pertaining to the use, riding and/or operation of the Bike, including but not limited to the Municipalities in which PEDALSHARE INC. operates and State of New York ordinances prohibiting riding of bicycles on sidewalks in commercial districts.
2.10 Rider May Not Operate Bike if Impaired. Rider agrees to not use, ride or operate a Bike
(a) if Rider has consumed, ingested and/or used alcohol or drugs such that Rider's ability to safely operate the Bike is impaired, or (b) if Rider suffers from any other conditions which may impair his or her ability to safely operate the Bike.
2.11 Bike Intended for Limited Use. Rider agrees to not use a Bike for racing, mountain bike riding, or stunt or trick riding. Rider agrees to not use a Bike on unpaved roads, in or through water, or in any location that is prohibited, illegal or a nuisance to others. Rider agrees to not use a Bike for hire or reward.
2.12 Use of Carrier and Basket. Rider agrees to not place items exceeding 15 total pounds in the front carrier/basket of the Bike; Rider acknowledges such items may create an unsafe condition and affect Rider's balance and steering control. Rider acknowledges the front carrier/basket of the Bike is intended to carry light, low profile goods only. Rider shall not attempt to carry additional people or animals in the front carrier/basket or anywhere on the Bike. Rider agrees to promptly report any damage, lost or stolen PEDALSHARE INC. bike, helmet,or PEDALSHARE INC. Membership Card to PEDALSHARE INC. Rider 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 an accident involving a Bike, a stolen or lost Bike, or a stolen Card used to access your PEDALSHARE INC. Membership that goes unreported for 48 hours.
2.13 Reporting Accidents or Lost Bikes. Rider agrees to immediately report to PEDALSHARE INC. and the Police Department any accident, crash, damage, personal injury, stolen or lost bike immediately or as soon as possible. If a crash involves personal injury, property damage, or stolen bike, Rider shall file a report with the local Police Department within 24 hours. 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, judgements, suits or disbursements of any kind or nature whatsoever related to a stolen and or lost Bike.
2.14 Damage to or Loss of Bike. Rider shall return the Bike to PEDALSHARE INC. in the same condition received upon rental, ordinary wear and tear excepted. Rider shall ensure the Bike is always locked and secured when unattended. Bikes may be equipped with locks; however, PEDALSHARE INC. does not warrant that such locks function properly, or at all. PEDALSHARE INC. shall not be responsible for any lost, stolen, destroyed or damaged Bike, regardless of whether locks are used to secure the Bike. Rider agrees to pay for any damage including replacement parts and repair charges, or damage to, destruction or loss of the Bike. Rider shall pay for any damage to or loss of a Bike even if the damage was caused by a third party. All repairs needed as a result of any such loss, destruction or damage, will be charged to Rider at the normal, customary labor rates. In the event the Bike is lost, stolen, destroyed or damaged beyond repair, regardless of fault or cause, Rider agrees to pay PEDALSHARE INC. the full replacement value of the Bike. Bikes that are un-returned after 72 hours are deemed lost or stolen.
2.15 Use of PEDALSHARE INC. Websites. By using any PEDALSHARE INC. Website, you agree to be bound bythe terms and conditions posted on such PEDALSHARE INC. Websites, and any applicable laws and regulations regarding use of such PEDALSHARE INC. Websites.
3. Release of Claims, Assumption of Risks, and Indemnity.
3.1 Release of Claims. In consideration for PEDALSHARE INC. allowing use or operation of its Bike, and other benefits of the PEDALSHARE INC. System, Rider forever releases and discharges PEDALSHARE INC.,SOUTHAMPTON VILLAGE, VILLAGE OF WESTHAMPTON BEACH, VILLAGE OF QUOGUE, TOWN OF SOUTHAMPTON, VILLAGE OF BABYLON, VILLAGE OF PATCHOGUE, The COUNTY OF SUFFOLK, BETHPAGE FEDERAL CREDIT UNION and all PEDALSHARE INC. Sponsors (as identified on a PEDALSHARE INC. Bike rental station, Membership Card, PEDALSHARE INC. Website or advertising on a Bike) as well as owners of property upon or near which PEDALSHARE INC. Bike rental stations are located ("Released Parties") from any and all claims, liability, causes of action, damages, wrongful death, injury to self or others, which arise out of, result from or relate to this Agreement; the rental, maintenance, design, use or operation of a Bike, the maintenance, design, use or operation of a PEDALSHARE INC. Bike rental station; the PEDALSHARE INC. System; or any PEDALSHARE INC. Website, including any and all claims, liability, causes of action or damages related to the sole or partial negligence of Released Parties or the negligence of others. If the person using the Bike is a Minor Rider, then Minor Rider's parent or legal guardian (a) certifies that he or she is the Minor Rider's parent or legal guardian, and (b) acknowledges that (i) he or she is entering into this Agreement, including this release, on behalf of the Minor Rider, and (ii) the Minor Rider shall be bound by this Agreement.
3.2 Indemnity and Hold Harmless. Rider agrees to indemnify, release, promise not to sue and hold harmless Released Parties from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of PEDALSHARE INC. 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 or operating the Bike.
3.3 Inherently Dangerous Activity. Rider acknowledges that use or operation of a Bike may be dangerous and may test Rider's personal and mental limits and carries with it the potential for death, serious injury or property loss. The risks include, but are not limited to, those caused by terrain, road conditions, facilities, temperature, weather, mental and physical condition of Rider, equipment, vehicular traffic, other bicycles, actions of other people, and improper hydration, nutrition, training or preparation. Rider acknowledges that the description of risks and inherent danger is not complete. RECOGNIZING THESE RISKS AND DANGERS, RIDER VOLUNTARY CHOOSES TO USE A BIKE AND EXPRESSLY ASSUMES ALL DANGERS AND RISKS RELATED TO, RESULTING FROM, OR ARISING OUT OF USE OF A BIKE, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
3.4 Use of Helmet. Rider acknowledges that PEDALSHARE INC. RECOMMENDS THAT RIDER WEAR A PROTECTIVE HELMET. Rider understands that helmets may reduce or mitigate the severity of head injuries to Rider but that a helmet is not a guarantee of safety, and that no helmet can protect Rider against all foreseeable impacts to the head. Rider recognizes that helmets have limited shock absorption capability and that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn. Rider understands that a helmet does not guard against injury to the neck, spine or any other part of the body, and bicycling and other related activities can expose Rider to forces that exceed the limits of protection provided by a helmet. These, too, are INHERENT RISKS OF USING A BIKE. Rider acknowledges that Rider's use of a Bike without a protective
helmet is at his or her own risk and peril.
3.5 No Emergency or Medical Assistance. Rider acknowledges that PEDALSHARE INC. does not provide any medical services or assistance in the event Rider is injured while using a Bike. Rider is responsible for obtaining such services or assistance.
3.6 YOU ARE SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE BICYCLE AT ALL TIMES. YOU UNDERSTAND THAT THIS AND OTHER SECTIONS IN THIS RELEASE AND THE RENTAL AGREEMENT DESCRIBE AND RELATE TO THE RISKS RELATING TO YOUR USE OF THE SERVICES. YOU AFFIRM THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE ENTIRE RELEASE AND THE RENTAL AGREEMENT. YOU AGREE THAT BICYCLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE BICYCLE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. YOU FURTHER AGREE THAT, BEFORE ANY USE OF THE SERVICES, YOU WILL PERFORM THE SAFETY INSPECTION DESCRIBED IN THE RENTAL AGREEMENT, AND YOU WILL NOT USE A BICYCLE THAT FAILS THE SAFETY INSPECTION AND WILL NOTIFY PEDALSHARE, AS APPLICABLE, OF SUCH FAILURE. YOU AGREE THAT RIDING A BICYCLE INVOLVES MANY INHERENT, OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO YOURSELF OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED. Such risks, dangers, and hazards include and relate to, but are not limited to:
o other vehicles
o other third parties
o docking plates
o pavement cracks
o uneven or unstable roadways or bike paths
o road kill
o other permanent or temporary obstructions on or near roadways or bike paths
o the possibility of colliding with station elements, street fixtures, or other fixed objects
o the possibility of criminal or other third-party acts or omissions
o bicycle or component malfunction
o negligent acts or omissions by any released person
o Your or any third person’s negligent acts or omissions, and
o Your underlying known or unknown health conditions.
o Weather conditions
o Road conditions
o Light rail or rail road tracks
YOU AGREE THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE YOUR SOLE RESPONSIBILITY AND YOU ASSUME ALL RELATED 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, and You agree to indemnify the Released Persons with respect to any such claims. By choosing to ride a Bicycle, You assume full and complete responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards, and You agree that the County of Suffolk, the municipalities incorporated within the county, sponsors 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 Bicycle itself.
YOU AGREE, WITHOUT LIMITATION, TO INDEMNIFY AND HOLD HARMLESS ALL RELEASED PERSONS FROM ANY DEATH, INJURY, OR DAMAGE TO YOURSELF, ANOTHER PERSON OR PERSONS, OR PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES
4. Miscellaneous Provisions.
4.1 This agreement is to be construed under, and any dispute arising from or related to the Agreement or the PEDALSHARE INC. System shall be governed by, the laws of the State of New York, except such laws relating to conflicts of law.
4.2 If any provision of this agreement is found to be unenforceable, all other provisions will be given full force and effect.
4.3 Section captions are for ease of reading and are not intended to change or modify the terms of the Agreement.
4.4 Rider acknowledges that while using a Bike or participating in a PEDALSHARE INC. System, Rider may be photographed. Rider agrees to allow any such photo, video or film likeness to be used for any legitimate purpose by PEDALSHARE INC., or its sponsors.
4.5 If Rider violates any term of this Agreement, or if any representation or certification of Rider is false, then PEDALSHARE INC. may, in its sole discretion and without waiving any other rights under this Agreement, terminate Rider's right to participate in any PEDALSHARE INC. System, including prohibiting future use of a Bike by Rider