Menlo Business Park Rental Agreement & Waiver

BICYCLE RENTAL TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE RENTING OR USING A BICYCLE (“BIKE”) FROM CYCLEHOP, LLC (“CYCLEHOP”) OR ITS AFFILIATES. BY RENTING OR USING A BIKE, 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 A BIKE FROM CYCLEHOP OR ITS AFFILIATES. 1. PARTIES , CONSIDERATION AND PROGRAM DESCRIPTION 1.1. Agreement. These Bicycle Rental Terms and Conditions of Use (this “Agreement”) is between you (“You” or “Rider”) and CycleHop. 1.2. Consideration. In consideration of CycleHop renting a Bike to Rider, Rider agrees to the terms and conditions of this Agreement. 1.3. Equipment. CycleHop maintains a network of Racks where Bikes are docked using an electronically controlled lock (“Lock”). Bikes are equipped with global positioning system devices. All of the foregoing equipment and other equipment located at a Station or that consist part of a Bike shall be referred to as “BRite Bikes Equipment”. 1.4. How it Works. (1) Purchase a membership online at or by calling our customer service line (925) 968-8377. (2) Once Rider purchased a membership they can access one bicycle at a time, by reserving the available bicycle, in one of the following ways: sign into your account at and reserve a bicycle, or use the Social Bicycles app, or by entering your account number on-board the bicycle keypad located on the bicycle rear rack. Please note that you will only have 15 minutes from the time you reserved the bicycle to the time you unlock the bicycle. (3) The Lock should be holstered properly on the rear rack during Bike use, and used to lock the Bike whenever the Bike is not in use, including at locations other than a rack within Bishop Ranch. Rider’s period of Bike rental begins when the Bike is reserved online or unlocked and ends when the Bike is re-locked at any hub location using the Lock (“Rental Period”). Additional fees will apply if the Bike is not returned and locked at a Rack after the Rental Period. 1.5. Boundaries. Bikes may not be left outside of the boundaries posted on the Website (“Boundaries”). A convenience fee of $25 will be charged to Rider account for taking and leaving the Bike outside the Boundaries. 2. BICYCLE RENTAL PLANS AND FEES 2.1. Rental Plans. You may access from CycleHop an annual rental plan. Each rental plan entitles Rider to 1 hour of Bike rental use per day, which may be used in one trip or in multiple trips. For example, Rider may rent a Bike for 15 minutes in the morning and then an additional 45 minutes in the afternoon. Unused rental time cannot be carried over from one day to another day. The cost of the rental plan is $0.00.

2.2. Overage Fees. If Rider rents a Bicycle for more than 1 hour on any given day, Rider agrees to pay CycleHop the following amounts for any additional time beyond the first 1 hour of use. All usage will be billed by the minute at a rate of $5.00 per hour and pro-rated by the minute. The daily fee shall not exceed $25.00. From 270:01 to 300:00 minutes $25.00

2.3. Maximum Rental Time. Rider shall not rent a Bike for more than a 12 hour period. If a Bike is not returned to a Station within 12 hours of the start of Rider’s Rental Period, CycleHop may deem the Bike to be stolen and charge Rider the amount of $1,500.00. 2.4. Fee for Not Returning a Bike to a Rack. In the event that Rider does not return a Bike to a Rack, CycleHop may charge Rider $25 each time. 2.5. Out of Boundaries Fee. CycleHop may charge Rider $25.00 for each time Rider takes a Bike and leaves it outside of the Boundaries. 2.6. Repair Fee. If a Bike is damaged during Rider’s use of the Bike, Rider shall be charged a fee that is equal to the cost of repairing such damage. 2.7. Stolen Bike Fee. If Rider leaves a Bike unlocked or unattended and it is stolen, CycleHop may charge Rider a replacement cost equal to $1,500.00. 2.8. Violations. CycleHop may charge Rider for any tickets, fees or moving violations assessed against the Bike or CycleHop during Rider’s Rental Period or as a result of the location where Rider parked the Bike. Rider agrees to pay CycleHop for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims. 2.9. Credit Card or Debit Card. Rider must provide CycleHop a valid credit or debit card number and expiration date before being registered to use a Bike. Rider represents and warrants to CycleHop that Rider is authorized to use the credit or debit card information provided. Rider authorizes CycleHop to charge the credit or debit card for which information is provided for all fees incurred by Rider under this Agreement, and all fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by CycleHop. In the event Rider’s payment method on file with CycleHop is declined for any reason, CycleHop may suspend Rider’s rental plan and ability to use any Bikes until all of Rider’s prior charges are paid in full and charge Rider a $25.00 reinstatement fee.   3. RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF BIKE USE 3.1. Representations and Warranties. Rider represents and warrants to CycleHop that: • Rider is 18 years of age or older. • Rider is experienced and familiar with the safe and competent operation of a bicycle, and that he/she is physically and mentally fit to ride the Bike. • Rider is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe operation of a bicycle. 3.2. Acknowledgements and Agreements. Rider acknowledges and agrees as follows: • Failure to use a helmet and protective gear may result in bodily injury or death. • Rider is solely responsible for obtaining and using a helmet and protective gear. • A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident. • All Bikes are and shall remain the exclusive property of CycleHop at all times. • Rider is solely responsible for any moving violations and/or fines incurred by Rider while using the Bike, including any fees for parking the Bike in prohibited locations. • CycleHop is not obligated to provide insurance of any kind related to Rider or Rider’s use of the Bike, and in the event that CycleHop, at its option, carries insurance, Rider shall remain primarily liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever. • If Rider causes damage to the property of injury to another party while operating or in possession of the Bike, Rider is solely liable for such damage or injury. • Rider shall return the Bike to CycleHop in the same condition as when received. • Rider is liable for any and all damages resulting from improper use or abuse of the Bike and the cost of such damages. • CycleHop provides Bikes as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bike on their own and who have agreed to all terms and conditions of this Agreement. 3.3. Requirements. Rider shall do the following during any use of a Bike (“Use Requirements”): • Carefully inspect the Bike Rider wishes to rent prior to use to ensure the Bike is good operating condition. • Test the Bike’s operating components before proceeding with the intended use, including, but not limited to, the chain, brakes, pedals, lights, tires, frame and seat. • Promptly notify CycleHop customer service of any defect, malfunction or needed repair to a Bike. • Adjust seat to proper height prior to operating the Bike. • Adjust Bike riding behavior for safe operation according to weather conditions. • Contact CycleHop and local Police immediately in the event of theft of the Bike or an accident that occurred during Rider’s use of the Bike resulting in bodily injury. 3.4. Restricted Uses. Rider shall not do or fail to do any of the following acts (“Restricted Uses”): • Use any Bike if Rider is younger than 18 years of age. • Use any Bike if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the Bike. • Operate a Bike while carrying any item that impedes Rider’s ability to safely operate the Bike. • Operate a Bike while under the influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the 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 Bike. • Allow any other person to use the Bike or allow more than one person to be carried on the Bike. • Overfill the Bike basket or place objects weighing in total more 20 pounds in the Bike basket. • Violate any applicable federal, state, or local law. • Operate or use a 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 a Bike that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair. • Immediately discontinue use of the Bike if it, or any component of it, should become defective or malfunction. • Use the Bike for racing, tricks riding, jumping, stunt riding and/or, off-road riding. • Use the Bike for any commercial purposes. • Tow, pull, carry or push any person or object with a Bike. • Remove or modify any accessories, parts or components of any Bike. 4. Service Limitations. Rider acknowledges and agrees that from and after the date that CycleHop makes Bikes available to the public for rental, CycleHop may suspend all or part of its Bike rental program at any time, may relocate Stations, reduce the number of Bikes available for rent and otherwise operate is Bike rental program in its sole discretion. Rider further acknowledges that CycleHop may suspend the availability of Bikes during adverse weather conditions, or may be required to suspend the rental of Bikes by the city in which the Bikes are located. Rider shall not be entitled to a refund of any fees for unused rental periods unless CycleHop’s Bike rental service shall have been suspended for more than 15 days. CycleHop does not represent or warrant that Bikes will be available for rental at any Station at any time. CycleHop may require the return of its Bikes at any time. 5. Release and Limitation of Liability 5.1. FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE BIKE, RIDER, FOR ITSELF AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES CYCLEHOP AND CYCLEHOP’S MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES AND ANY MUNICIPALITY WITH WHICH CYCLEHOP HAS CONTRACTED WITH TO PROVIDE A BIKE SHARING PROGRAM, WHICH MAY INCLUDE, WITHOUT LIMITATION, SOCIAL BICYCLES, AND SUNSET DEVELOPMENT COMPANY (THE “CYCLEHOP PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING 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 THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE BRITE BIKES EQUIPMENT, INCLUDING THE BIKES, OR THE CYCLEHOP WEBSITE, INCLUDING ANY AND ALL CLAIMS RELATED TO THE SOLE OR PARTIAL NEGLIGENCE OF CYCLEHOP, THE CYCLEHOP PARTIES OR ANY OTHER PARTY. RIDER HEREBY WAIVES THE BENEFIT OF ANY STATUTE THAT PRESERVES UNKNOWN CLAIMS. 5.2. IN NO EVENT WILL CYCLEHOP OR THE CYCLEHOP PARTIES BE LIABLE FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE CYCLEHOP EQUIPMENT, INCLUDING THE BIKES, OR THE CYCLEHOP WEBSITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, LOSS OF USE, LOSS OF SAVINGS, OR LOSS OF REVENUE, WHETHER OR NOT CYCLEHOP OR THE CYCLEHOP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY. IF CYCLEHOP OR THE CYCLEHOP PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF RIDER’S USE OF THE BRITE BIKES EQUIPMENT, INCLUDING THE BIKES, OR THE CYCLEHOP WEBSITE, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO CYCLEHOP BY RIDER. 6. Assumption of Risks; Disclaimer. RIDER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT RIDER’S RENTAL AND USE OF THE BIKE IS AT HIS/HER OWN RISK. RIDER ACCEPTS THE BIKE FOR USE AFTER EXERCISING HIS/HER OWN FREE CHOICE TO PARTICIPATE VOLUNTARILY IN THIS ACTIVITY AND AFTER HAVING INSPECTED THE BIKE AND CERTIFYING THAT IS IN GOOD OPERATING CONDITION. RIDER UNDERSTANDS THAT BICYCLING MAY BE A HAZARDOUS ACTIVITY. RIDER ACKNOWLEDGES, UNDERSTANDS AND ASSUMES ALL RISK RELATING TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OF THE BRITE BIKES EQUIPMENT, INCLUDING THE BIKES, AND THE CYCLEHOP WEBSITE AND UNDERSTANDS THAT BICYCLING 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. ALL BIKES AND OTHER BRITE BIKES EQUIPMENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CYCLEHOP AND THE CYCLEHOP PARTIES HEREBY DISCLAIM ANY CLAIM IN TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY). 7. Dispute Resolution. Rider agrees that CycleHop, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, Rider’s use of CycleHop’s Equipment, including, without limitation, Bikes, and/or the CycleHop website, to final and binding arbitration under the Rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. In the event that CycleHop submits such dispute to arbitration, then such arbitration shall be mandatory and binding on the parties. Such proceeding shall be held in the County of Maricopa, Arizona by the laws of the State of Arizona. All arbitration proceedings will be conducted in the English language. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYCLEHOP AND RIDER EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR RIDER’S USE OF CYCLEHOP’S EQUIPMENT, INCLUDING, WITHOUT LIMITATION, BIKES, AND/OR THE CYCLEHOP WEBSITE. 8. Indemnification. Rider shall indemnify, defend and hold harmless CycleHop and the CycleHop Parties for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to Rider’s breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design , use or operation of the Bike, the Locks, the Stations and/or the CycleHop website, even where caused in whole or in part by CycleHop’s negligence, and/or the negligence of others, whether presently known or unknown. At CycleHop’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by Rider (provided that, in such event, CycleHop 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 CycleHop’s prior written consent. 9. Assignment. CycleHop may assign its rights and duties under this Agreement to any party at any time without notice to Rider. 10. No Waiver. CycleHop’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by CycleHop shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement. 11. Termination of Agreement. CycleHop may terminate this Agreement at any time, without cause, legal process, or notice to the Rider. Rider waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. Rider shall not be entitled to a refund of any amount paid for unused rental periods if this Agreement is terminated for cause. Rider may terminate Rider’s rental plan at any time; provided, however, that no refund will be provided by CycleHop. 12. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect. 13. Survival. All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable. 14. Privacy Policy. Rider may access CycleHop’s privacy policy applicable to this Agreement at: 15. Entire Agreement. This Agreement constitutes the final and entire Agreement between CycleHop and Rider and prevails over any prior or contemporaneous, conflicting or additional, communications, unless otherwise agreed to by the Parties in writing. CycleHop shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on the CycleHop website, and such changes shall apply to all future use of Bikes after the date of such changes. Riders shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use and/or operation of the Bike by Rider following any modifications to this Agreement constitutes Rider’s acceptance of the terms and conditions as modified.