Buffalo Bike Share Rental Agreement & Waiver

Buffalo BikeShare Member Agreement, Liability Waiver, and Release

Member shall CAREFULLY READ and understand all terms and conditions of this Agreement before using a Bike. Member’s clicking on the “I Accept” button is deemed an acknowledgement that Member has read and understands this Agreement, and is deemed an acceptance of this Agreement.

Buffalo BikeShare is a self-serve bicycle rental system ("Service"), established and managed by the nonprofit Wellness Institute of Greater Buffalo, doing business as Buffalo Bikeshare ("Buffalo BikeShare,” “Our," or "We"). In consideration of your use of the Service, Buffalo Bikeshare requires that you ("Member", "You", or "Your") be over the age of eighteen (18) years and agree to all terms and conditions in this Bicycle Rental Agreement, Liability Waiver, and Release (" Agreement"), which are intended to promote the safe use of Buffalo Bikeshare bicycles, and which apply to all Registered Members, as defined below.

Section 1: Modifications to Agreement. Buffalo Bikeshare reserves the right to unilaterally amend, modify, or change this Agreement, at any time and from time to time in its sole discretion, without Member's consent. Upon the issuance of any such amendment or modification, Buffalo BikeShare will notify Member via e-mail of such changes. By continuing to use any Service after any amendment, modification, or change, Member has agreed to be bound by all such amendments, modifications, and changes. Member must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Buffalo Bikeshare will post a notification on www.buffalobikeshare.org ("Website").

Section 2: Term and Termination. The term of this Agreement begins when You first register to use the Service, and the term ends at the end for the UB Beta Membership period (August 31, 2013) unless earlier terminated by either party as provided for in this Agreement. Either party may terminate this Agreement, for any reason or no reason, upon five (5) days prior written notice to the other. If this Agreement is terminated by Buffalo BikeShare without cause, then Member shall be entitled to a pro rata refund of the Membership Fee previously paid. If this Agreement is terminated by Member, then Member will not be entitled to a refund. The terms of this Agreement shall survive termination or expiration of this Agreement to the extent reasonably necessary to carry out the intent of the parties.

Section 3: Service System. The Service is comprised of Buffalo BikeShare bicycle Hubs ("Hubs"). The Hubs are areas designated on the Website for the purposes of the renting, returning, and locking of Buffalo BikeShare bicycles. Under the Service, Buffalo BikeShare bicycles can be rented and returned to any bicycle rack located within any specified Hub. Bicycles may be reserved from the Hubs 7 days a week from 5am until 12pm (midnight), and returned a Hub at any time of day (24 hours a day, 7 days a week).

Section 4: Membership to Service. Member may purchase a UB Beta Membership for the Service ("Beta Membership"), which is good during the term of the Beta Period (from March 20, 2013August 31, 2013). To purchase a Beta Membership, Member must complete a registration form and create an account ("Account") at www.buffalobikeshare.org ("Website"), to become a registered member ("Registered Member"). You must have a Visa, Mastercard or American Express credit card to register. When You subscribe to the Service, Buffalo Bikeshare will charge the Your credit card $10.00 for the Beta Period registration fee. The Beta Membership registration fee is $10.00 and will not be pro rated regardless of when You register during the Beta Membership Period. . Once Your credit card payment clears, You may use the Service. __ At any time a Registered Member can access their usage history by logging into their member profile on the Buffalo BikeShare Website (www.buffalobikeshare.org).

Section 5: Availability of Service. Buffalo BikeShare makes every effort to provide the Service, but does not guarantee that the Service will be available at all times, as use by other Members, repairs, force majeure events or other circumstances might prevent Buffalo BikeShare from providing the Service. Buffalo BikeShare does not guarantee the availability of the Service or the availability of any Buffalo BikeShare bicycle at any Hub. Member may use the Website or the mobile application from their smartphone (“Mobile Application”) to consult the inventory of Buffalo BikeShare bicycles available in the system area.

Section 6: State of Good Repair. Buffalo BikeShare will make every effort to provides bicycles that are in general, in a state of good repair. Member acknowledges any defect noted in the pre-ride inspection should be reported by using the repair function on the key pad, and another bicycle should be checked out instead.

Section 7: Directions for Using Service.

Section 7.1. Unlocking and Using Bicycle by Member. Member must use the Mobile Application, Website, or the keypad on a Buffalo BikeShare bicycle to make a reservation and to unlock the bicycle. Member will be prompted to enter a form of authentication into the bicycle keypad such as their account number and pin (if booked on bicycle keypad) or pin (if booked online or on Mobile Application). After authentication, Member will have 30 seconds to remove the lock from the wheel. If the lock is not removed from the wheel of the Buffalo Bikeshare bicycle within 30 seconds after authentication, the Locking Unit will lock and Member must repeat the process described above. If You leave the bicycle unattended outside a Hub, You are responsible for securing the bicycle to a bike rack or other secure location using the Locking Unit to protect against theft. You agree to ensure that the U-Bar on the Locking Unit is attached to the bike rack. You should never leave the bicycle unattended and unsecured.

Section 7.2. Returning Bicycle. To return the Buffalo BikeShare bicycle, Member must secure the bicycle to a bike rack in a specified Hub. It is the Member’s responsibility to make sure that the Buffalo BikeShare bicycle is attached to the bike rack via the ubar on the Locking Unit. The signal light next to locked lights up green, confirming that the Buffalo BikeShare bicycle has been returned. If the signal light next to locked does not turn green, Member must try again, or make sure the bicycle is secured and call Buffalo BikeShare at (716) 4077474. Any Buffalo BikeShare bicycle that is not properly secured to a bike rack within a specified Hub shall be considered not returned and remains the sole responsibility of Member.

Section 7.3 Permitted Period of Continuous Use; Lost or Stolen Bicycle. 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 should be limited to a period of 24 consecutive hours unless you have made prior arrangements with Buffalo BikeShare. ("Permitted Period”). If Member maintains possession of a Buffalo BikeShare bicycle beyond the Permitted Period, then the Member will be subject to usage fees and termination of your Membership in the Program. If a Buffalo BikeShare bicycle is lost or stolen during the Member’s rental period, then the Member’s credit card on Account will be charged the uninsured replacement cost for the bicycle, up to a maximum of $1,000. Prior to charging Member’s credit card, Buffalo BikeShare (1) will attempt to locate the bicycle using the System and (2) will attempt to contact the Member via telephone and email prior to charging the credit card, using the contact information provided by the Member upon subscribing. If a lost or stolen bicycle is returned to Buffalo BikeShare, then any replacement fees charged to Member will be promptly refunded ; provided, however, that Buffalo BikeShare may retain a portion of such replacement fees for reasonable and necessary repairs if the bicycle is not returned in good and working condition. Member agrees to report the disappearance of any bicycle during the rental period to Buffalo BikeShare within 24 hours following the disappearance and to report the disappearance to the local police department within 48 hours. If Member promptly reports the loss to Buffalo BikeShare and files a police report and forwards the police report to Buffalo Bikeshare, then Buffalo BikeShare may, in its sole discretion, choose to waive replacement fees. Any use that exceeds the Permitted Period of Continuous Use is deemed a disappearance of the Buffalo BikeShare bicycle, until the Buffalo BikeShare bicycle is found or returned to a Hub location. Lastly, if the Buffalo Bikeshare bicycle is returned damaged or in a state of disrepair, and such damage was caused by Member and beyond normal wear and tear, then Member will be charged a fee that is equal to the reasonable and necessary cost of repair.

Section 8: General Assumption of Risk by Member. Member understands and agrees that riding a Buffalo BikeShare bicycle involves many obvious and notsoobvious risks, dangers, and hazards, which may result in injury or death to Member or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Member assumes the risk for such risks, dangers, and hazards. Member understands that if Member's negligent or improper use of the Service causes injury or damage to another person or property, then Member may be liable for any resulting injuries, damages, and related costs of that third party. By choosing to ride a Buffalo Bikeshare bicycle, Member assumes responsibility for all related risks, dangers, and hazards. Member understands and agrees that Member is responsible for the safe operation of the Buffalo BikeShare bicycle during the rental period. Member may need to take additional safety measures or precautions not specifically addressed in this Agreement.

Section 9: Prohibited Acts. a Member shall not ride a Buffalo BikeShare bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Member's ability to operate a Buffalo BikeShare bicycle safely. b Member shall not use any cellular telephone, text messaging device, portable music player, or other device that may distract Member from safely operating a Buffalo BikeShare bicycle; provided, however, that Member may use a cellular telephone only while employing an activated handsfree device unless it impedes Member 's ability to operate a Buffalo BikeShare bicycle safely. c Member shall not operate a Buffalo BikeShare bicycle while under the influence of alcohol, drugs, or any other substance that may impair Member's ability to safely operate a Buffalo Bikeshare bicycle. d Member shall not carry a second person on a Buffalo BikeShare bicycle. e In the case of failure of the BikeShare locking mechanism, Member should contact the emergency line for further instructions at (716) 407-7474. f While operating a Buffalo BikeShare bicycle, Member shall not violate any applicable federal, state, or local law, including those for bicycle riders. g Member shall not dismantle or modify a Buffalo BikeShare bicycle (including the Locking Unit) in any way. This rule does not apply to the use of the seat height adjustment feature on Buffalo BikeShare bicycles. h Member shall not use the Buffalo BikeShare bicycle if Member exceeds the maximum weight limit for the safe operation of the Buffalo BikeShare bicycle (280 pounds). i Member shall not place items exceeding 20 total pounds in the front basket of the Buffalo BikeShare bicycle. Member acknowledges any items in the front basket may create an unsafe condition and affect Member's balance and steering control. Member acknowledges the front basket of the Bike is intended to carry light, low profile goods only. Member shall not attempt to carry additional people or animals in the front basket or anywhere on the Bike. j Member shall not operate a Buffalo BikeShare bicycle in extreme weather conditions, including snow, hail, and electrical storms, which make it more dangerous to operate a Buffalo BikeShare bicycle. Member is advised to adjust Member's riding behavior and braking distance to suit the weather conditions. k Member shall not allow others to use a Buffalo BikeShare bicycle that Member has rented. Member understands that when Member unlocks a Buffalo BikeShare bicycle, it is to be used only by Member. Member must not transfer Member's 4-digit pin code, Account number, or any other Account information to any other person.

Section 10: Additional Member Obligations.

a Member agrees that Member is a competent bicycle operator, is sufficiently fit to safely operate a Buffalo BikeShare bicycle, and has received medical clearances for such physical activity. Like any physical activity, riding a Buffalo BikeShare bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Buffalo BikeShare bicycle, Member assumes all responsibility for all such injuries or other medical conditions. b Member agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. Member agrees that before using a Buffalo BikeShare bicycle, Member shall conduct a safety inspection of the Buffalo BikeShare 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. Member agrees not to ride the Buffalo BikeShare bicycle if Member notices any mechanical or other problem or safety issue, and Member agrees to promptly notify Buffalo BikeShare of all problems and issues and to use a different Buffalo BikeShare bicycle. Member agrees to press the "Repair" button after making a booking on a Buffalo Bikeshare bicycle that Member notices has any mechanical or other problem or safety issue. c Member agrees that Buffalo BikeShare does not provide or maintain places to ride Buffalo BikeShare bicycles, and that Buffalo Bikeshare does not guarantee that there will always be a safe place to ride a Buffalo BikeShare bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. Member must not use a Buffalo BikeShare bicycle for racing, riding off road, or any use other than safe operation on public or private roads or property and designated bicycle routes. d Member agrees that Buffalo BikeShare is not a common carrier. Alternative means of public and private transportation are available to the general public and to Member individually, including public buses and light rail service, taxis, and pedestrian paths. Buffalo BikeShare provides Buffalo BikeShare bicycles only as a convenience, and such rental availability is intended by Buffalo BikeShare to be used only by those persons who are able and qualified to operate a Buffalo BikeShare bicycle on their own and who have agreed to all terms and conditions of this Agreement. e Member agrees that Buffalo BikeShare may require Member to return a Buffalo BikeShare bicycle at any time for good cause, with reasonable notice and at a mutually agreeable location. f Member shall report all accidents and injuries involving a Buffalo BikeShare bicycle to the local authorities and to Buffalo BikeShare's Customer Service at 716-407-7474 as soon as possible, but in no event later than 24 hours after the occurrence of the accident or injury. g Member agrees if Member is unable to report identifying information due to a medical emergency, Buffalo BikeShare may, at its discretion, provide personal and contact information to the authorities upon their request.

Section 11: Helmets. Member acknowledges that earing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury, or may lessen the severity of an injury, caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. Although some state and local laws do not require bicycle riders to wear helmets, Buffalo BikeShare recommends that all riders wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer's instructions. Buffalo Bikeshare does not represent or warrant the quality or safety characteristics of any helmet.

Section 12: Credit Card Matters. You must input a valid credit card number and expiration date before You will be allowed to use the Service, and You represent and warrant that You are authorized to use the credit card (Buffalo BikeShare accepts only Visa, MasterCard, or American Express). You authorize Buffalo BikeShare to charge Your credit card for all expenses incurred on Your Account, including all additional fees and repair charges. If you dispute any charge on Your Account, then you must contact Buffalo BikeShare within 10 days of Your receipt of Your statement containing the disputed charge. Members have an ongoing duty to keep an authorized credit card on file with Buffalo BikeShare during the Membership period and to update all changes relating to their credit card via the Website or Mobile Application. All denials of a transaction by a Member's bank, all holds, and all other similar issues are the Member's sole responsibility and should be dealt with between the Member and his or her bank.

Section 13: Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the state of New York, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the state of New York and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in New York State;

Section 14: Waiver. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing.

Section 15: Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude resort to another or to any other right or remedy provided by law.

Section 16: Final Agreement. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter.

Section 17: Notices. You may contact Buffalo Bikeshare by writing, calling, or emailing Buffalo BikeShare at the street address, telephone number, and email address listed below:

Buffalo BikeShare 928 Main Street Buffalo, NY 14202

Customer Service Line: 716-407-7474 Customer Service Email: customerservice@buffalobikeshare.org

Section 18: Indemnification/Releases. "Claims" means any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, costs, expenses (including attorneys' fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to Member’s negligent or improper use of the Service, (including a Buffalo Bikeshare bicycle). Member does hereby (i) fully and forever release and discharge Buffalo BikeShare and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns (collectively, "Buffalo BikeShare and its Related Parties") from all Claims that Member has or may have against Buffalo BikeShare and its Related Parties, except for Claims caused by Buffalo BikeShare's negligence or misconduct, and (ii) Member agrees to indemnify and hold harmless Buffalo BikeShare and its Related Parties from and against all Claims, except for Claims caused by Buffalo BikeShare's negligence or misconduct. To the fullest extent permitted by law, such releases are intended to be general and complete releases of all Claims. Buffalo BikeShare and its Related Parties may plead such releases as a complete defense to any Claims.