JUMP DC Rental Agreement & Waiver
RENTAL AGREEMENT, LIABILITY WAIVER, AND RELEASE
Welcome to JUMP! We hope you love participating in our bike share program. But take a moment. This document contains important information that you need to consider before agreeing to participate.
BEFORE YOU CLICK “I ACCEPT” BELOW, PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
These terms and conditions are a legal agreement between you (“Member”, “Rider”, “You”, or “Your”) and Social Bicycles Inc. (d/b/a JUMP Bikes), with offices at 55 Prospect St., Ste. 304, Brooklyn, NY 11201 (“Our”, “We”, or “Us”), establishing terms and conditions under which You will submit information to, rent bicycle(s) from, and participate in a bicycle sharing program operated by Us.
General; Service; Rental Not Purchase; Adult Agreement Required. We offer a service comprised of an automated self-serve bicycle rental system, bicycles, and related equipment, personnel, and information (collectively, the “Program” or “Service”). The Service includes maintenance of Our electric bicycles and/or non-electric bicycles (individually or collectively, the “Bicycle”, “Bicycles”, or “Bicycle(s)”) and hub station(s) (“Station(s)”) where the Bicycles are docked at a designated rack (“Rack”) using an electronically controlled lock (“Lock”). In consideration of Your use of the Service, We require that You agree to all the terms and conditions in this Rental Agreement, Liability Waiver, and Release (the “Rental Agreement” or this “Agreement”). You agree and acknowledge that You are renting the Bicycle(s) and that ownership of the Bicycle(s) remains with Us at all times. A valid credit or debit card is required to rent a Bicycle. The Bicycle(s) may be rented by and used by individuals at least 18 years of age only. If Member falsifies or misrepresents Member’s age, Member and his/her legal guardian shall bear full responsibility for all Claims (as defined below) related to such misrepresentation.
Modifications to Agreement. We reserve the right, in Our sole discretion, to unilaterally amend, modify, or change this Rental Agreement (each a “Modification”), at any time and from time to time. Whenever a Modification is made to this Rental Agreement, We will post an updated version of this Rental Agreement on https://jumpbikes.com (the “Website”). By continuing to use the Service after any Modification is posted, You agree to be bound by such Modification. You agree to carefully review this Agreement on the Website from time to time in order to maintain awareness of all Modifications, and agree that each time you rent a Bicycle, the then-current version of the Rental Agreement as posted on the Website will apply.
Rental Fees; Return of Bicycles; Credit or Debit Card Authorizations. We agree to rent to You, and You agree to rent from Us, the Bicycle(s) through the Service subject to the terms and conditions of this Rental Agreement and in accordance with the rates set forth on the Website, which are subject to applicable sales taxes and other local government charges and which may be modified from time to time at Our sole discretion. You understand and agree that the purpose of the Service is to provide short-term access to Bicycles and that Your use of any one Bicycle in the Service shall not exceed a continuous 24 hour period. Any Bicycle(s) not returned within 24 hours will be deemed stolen or lost. You assume full responsibility for care of the Bicycle(s) during the period of time You rent the Bicycle(s) (“Rental Period”). If the Bicycle(s) is damaged, stolen, or lost during the Rental Period, You shall immediately return any such damaged Bicycle(s) and/or report any such stolen or lost Bicycle to Us. You shall compensate Us if the Bicycle(s) is damaged (excluding damage from normal wear and tear), stolen, or lost during the Rental Period. Amounts due for a damaged, stolen, or lost Bicycle(s) will be charged to the credit or debit card associated with Your account up to a maximum of $1,600 per Bicycle. If the Bicycle(s) is damaged, You will be charged the cost to repair damages, as determined by Us and our affiliates in our sole discretion, when the damages are reported to or discovered by Us. If the Bicycle(s) is stolen or lost, You will be charged up to an amount of $1,600 when the theft or loss is reported to or discovered by Us. You hereby authorize Us to charge Your credit or debit card for all fees incurred by You as well as such amounts due in connection with any overdue, damaged, stolen, or lost Bicycle, and We may, at our sole discretion, place an authorization hold on Your credit or debit card to cover any such amounts. If You dispute any charge on Your account, then You must contact Us within ten (10) days of Your receipt of Your statement containing the disputed charge.
Our Commitments to You; Availability of Service; State of Good Repair. (a) No Warranty. The Bicycle is rented to You AS IS and all Services are provided AS AVAILABLE WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. (b) Availability of Service. We do not guarantee that the Service will be available at all times, as use of the Bicycles by other members of the Program, repairs, force majeure events, or other circumstances might prevent Us from providing the Service. Access to Bicycles is conditioned upon the availability of Bicycles. We do not guarantee, represent, or warrant the availability of the Service or the availability of any Bicycle. We may suspend all or part of the Service, may relocate Stations, reduce the number of Bicycles available for rent, and otherwise operate the Program in our sole discretion. Members should use the Website or Our mobile application (“Mobile Application”) to check the availability of Bicycles. You agree that We may require You to return a Bicycle at any time, regardless of the period for which it was originally rented, and that You shall comply with any such requirement. (c) State of Good Repair. We will make every effort to provide Bicycles that are usable and in a state of general good repair.
Your Commitments to Us; Miscellaneous Requirements. (a) Use of the Bicycle(s). You agree to treat the Bicycle(s) with due care. You are responsible for loss or damage to the Bicycle(s) rented by You due to theft, mysterious disappearance, or any other cause, other than ordinary wear and tear. Before using a Bicycle, You shall inspect such Bicycle for defects and report to Us any such defect prior to the commencement of Your rental. If you discover a defect during Your rental, You agree to report it to us prior to the end of Your rental. You must report defects to Us by using the repair function on the keypad of the Bicycle (“Keypad”) or via the Mobile Application. If You notice a Bicycle has a defect that in any way may impair Your ability to operate it safely, You must use a different Bicycle. You should take extra precautions while riding Bicycles that are electric bicycles, as accelerating and braking on electric bicycles, among other aspects, differ from doing so on non-electric bicycles. (b) Locking the Bicycle(s). If You leave a Bicycle unattended at any time for any reason, You are responsible for securing the Bicycle to a bicycle rack using the Lock to protect against theft of the Bicycle. You agree to ensure that when a Bicycle is not in use the Lock is at all times securely attached to the Bicycle and a bicycle rack and not only to the Bicycle. You shall not leave any Bicycle unattended at any location at any time for any reason, unless it is secured as specified above. (c) Returning the Bicycle(s). Upon the end of the Rental Period, You agree to return the Bicycle to one of the Station locations listed on the Mobile Application and to secure the Bicycle to the Rack by the Lock. In the event the Program permits return of the Bicycle(s) to any bicycle rack that is not at a Station within the Program area, as indicated on the Website, additional fees will apply and You agree to lock the Bicycle(s) to the rack as specified above. You agree to refer to the Website for further requirements for returning the Bicycle(s) and to comply with any and all such requirements and instructions.
• Use the Bicycle for any commercial purposes. • Tow, pull, carry, or push any person or object with a Bicycle. • Remove, dismantle, write on, deface, misuse, or modify any accessories, parts, or components of any Bicycle.
Media Release. We reserve the right to photograph and record You using the Bicycle(s). You hereby give Us the right to use Your image and likeness (including caricature), and any reproduction or simulation thereof, in any media now known or hereafter developed, both during and after the term of this Agreement, for whatever the purposes We deem necessary or desirable. You hereby waive any right to royalties or other compensation arising from or related to any such use by Us or related entities.
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY. In consideration for your participation in the Program and Your use of any of the Services, You hereby freely and voluntarily acknowledge and/or take action for yourself, and on behalf of Your spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executor, administrators, successors and assigns, or anyone else who might claim or sue on Your behalf, as follows:
(a) YOU HEREBY ACKNOWLEDGE AND ASSUME ALL RISKS OF PARTICIPATING IN THIS PROGRAM. You acknowledge that bicycling is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You acknowledge and agree that it is Your responsibility to determine whether You are sufficiently fit and healthy enough to safely participate in the Program, which You elect voluntarily. You have no physical or medical condition that would endanger You or others if You participate in the program, or would interfere with Your ability to safely participate. You also certify that You have not been advised against cycling or any other activity related to participation in the Program by any health professional. You understand and acknowledge that there may be heavy vehicle and pedestrian traffic. You assume all other risks associated with participation in the Program including without limitation: falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other cyclists; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure and/or design of equipment supplied by, or the negligent acts, omissions and/or carelessness of, the Released Parties. You understand that You will be participating in the Program at Your own risk, that You are responsible for the risks of participation in the Program, and that Your participation in the Program is fully voluntary.
(b) You have been advised to wear a protective helmet while participating in the Program. You understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing a protective helmet. You assume responsibility for any injury, loss, or damage associated with Your choosing not to wear a protective helmet; further, because helmets do not protect against all head injuries, and do not protect against other injuries, You assume responsibility for any injury, loss, or damages associated with Your participation in the Program even if You choose to wear a protective helmet. You also agree to follow the “Rules of the Road”: follow and obey all laws and regulations, obey traffic signals and stop signs, ride with traffic, make Your intentions clear to motorists and other road users, ride in a straight line and do not swerve, stay seated while riding, signal turns, and check before turning or changing lanes.
(c) You understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs while riding a bike and You recognize that consumption of alcohol and/or drugs might impair Your judgment and motor skills. You agree not to use the Bicycle while under the influence of alcohol and/or drugs, and further assume responsibility for any injury, loss, or damage associated with Your consumption of alcohol and/or drugs.
(d) YOU WAIVE, RELEASE, AND FOREVER DISCHARGE Social Bicycles Inc. (d/b/a JUMP Bikes), the Program’s sponsors, organizers, promoters, staff, advertisers, volunteers, property owners, administrators, contractors, any and all other vendors and all other individuals or entities involved with the Program, and all state, city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Program takes place, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”) from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort, statutory, or other grounds), which You have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, or result from, Your participation in the Program, including death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses, EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS, OMISSIONS, OR THE CARELESSNESS OF THE RELEASED PARTIES AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. You expressly waive all rights under California Civil Code Section 1542, and similar laws applicable in other jurisdictions, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. Any such release is intended to be a complete and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as direct or intended third party beneficiaries of such releases.
(e) YOU FURTHER COVENANT AND AGREE NOT TO SUE any of the Released Parties for any of the Claims that You have waived, released, or discharged herein.
(f) YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made by You or third parties, for liabilities assessed against the Released Parties, including but not limited to court costs, attorneys’ fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, Your breach or failure to abide by any part of this Waiver, by Your breach or failure to abide by the rules of the Program and/or Your actions or inactions which cause injury or damage to any other person.
(g) You understand that the Program does not provide insurance coverage for damage or injuries incurred during the Program. You agree to be responsible and assume liability for any and all costs incurred as a result of participation in the Program, including without limitation ambulance transport services, hospital stays, medical treatment. You agree to indemnify and hold harmless the Released Parties from all liability for such costs.
(h) You understand that We reserve the right, at Our sole and complete discretion, to deny Your participation in the Program.
(i) FOR THE AVOIDANCE OF DOUBT, YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT WE AND ALL OTHER RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM THAT ARISES OUT OF OR RELATES TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, BICYCLE, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, OR (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE PARTICIPATING IN THE PROGRAM. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT, STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY RELEASED PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM PARTICIPATION IN THE PROGRAM OR THE USE OF, OR INABILITY TO USE, THE SERVICES. MOREOVER, IF WE, OR ANY RELEASED PARTY, ARE FOUND TO BE LIABLE FOR ANY CLAIMS ON ANY BASIS, SUCH LIABILITY SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID BY YOU HEREUNDER OR (B) ONE HUNDRED US DOLLARS ($100).
Term and Termination. We may unilaterally terminate Your right to use the Service, in Our sole discretion and without any notice or cause. You may terminate Your use of the Services 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. Sections 3, 4, 5, 6, 7, 8, and 9 shall survive any termination or expiration of this Agreement.
Miscellaneous. The Rental Agreement constitutes the entire agreement between Member and Us with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings, representations, and undertakings with respect to the subject matter hereof. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California excluding its conflicts of laws principles. Termination of this Agreement or your right to use the Service will not relieve You of any payment obligations hereunder. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. We shall not be liable for failure to perform any of Our obligations hereunder for reasons that are beyond Our reasonable control, including, without limitation, fire, flood, earthquake, natural disaster, interruptions in supply, war, embargo, riots, or acts of terrorism.
YOU HEREBY AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE; YOU HAVE THE LEGAL AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT; AND YOU HAVE READ AND AGREED TO THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY ACCEPT ITS TERMS.