Microsoft Rental Agreement & Waiver
BICYCLE USER AGREEMENT, LIABILITY WAIVER, AND RELEASE
Welcome to Microsoft’s Bike Share Program! 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. (“Our”, “We”, or “Us”), establishing terms and conditions under which You will submit information to, use bicycle(s) from, and participate in a bicycle sharing program operated by Us.
General; Service; Usage Not Purchase; Adult Agreement Required. We offer a service comprised of an automated self-serve bicycle sharing system, bicycles, and related equipment, personnel, and information (collectively, the “Program” or “Service”). The Service includes maintenance of Our 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 Bicycle User Agreement (the “Bicycle User 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.
Modifications to Agreement. We reserve the right to unilaterally amend, modify, or change this Bicycle User Agreement (each a “Modification”), at any time and from time to time, in Our sole discretion, without Your consent. Whenever a Modification is made to this Bicycle User Agreement, We will post a notification of such Modification on https://pedal.socialbicycles.com (the “Website”). By continuing to use the Service after any Modification, You agree to be bound by such Modification. You must carefully review this Agreement on the Website from time to time in order to maintain awareness of all Modifications.
Our Commitments to You; Availability of Service; State of Good Repair.
a) No Warranty. The Bicycle is used by 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. We and Our partners (including Social Bicycles Inc.) are not responsible for any damage caused by the Bicycle(s), including to clothing or other personal items.
Your Commitments to Us; Miscellaneous Requirements.
a) Locking the Bicycle(s). You shall not leave any Bicycle unattended or unsecured at any location at any time for any reason.
b) Returning the Bicycle(s). Upon the end of the Usage Period, You agree to return the Bicycle to one of the Stations locations listed on the Mobile Application and to secure the Bicycle to the Rack by the Lock. 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.
d) Use of Website and Mobile Applications. The Terms of Service governing access to and use of the Mobile Application is available here: https://app.socialbicycles.com/terms. BY USING THE MOBILE APPLICATION, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, YOU CANNOT USE THE MOBILE APPLICATION.
e) Restricted Uses. You shall not do any of the following acts (“Restricted Uses”):
• Use any Bicycle if You are younger than 18 years of age, whether or not accompanied by a parent or guardian.
• Use any Bicycle if You exceed the maximum weight limit (275 pounds) of the Bicycle.
• Use any Bicycle if You have any existing physical or mental condition that would prohibit You from safely operating the Bicycle.
• Operate a Bicycle while carrying any item that impedes Your ability to safely operate the Bicycle.
• Operate a Bicycle while under the influence of alcohol, drugs, or any other substance that impairs Your ability to safely operate the Bicycle.
• Use any cell phone or mobile electronic device for any use that distracts You from the safe operation of the Bicycle, including but not limited to phone calls, text messages, or music.
• Allow any other person to use the Bicycle (except the additional riders described in Section 5(b)) or allow more than one person to be carried on the Bicycle.
• Overfill the Bicycle basket or place objects weighing in total more 20 pounds in the Bicycle basket.
• Violate any applicable federal, state, or local law.
• Operate or use a Bicycle 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 Bicycle that has any defect, fails to operate as a properly functioning bicycle, or that is in need of repair.
• Use the Bicycle if it, or any component of it, appears to become defective or malfunctions.
• Use the Bicycle for racing, tricks, jumping, stunt riding, and/or off-road riding.
• 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.
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, and regardless of whether you have Your own account or are an additional rider on another individual’s account, 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 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 are legally required to wear a protective helmet while participating in the Program under Washington State law. 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 will also agree to follow the “Rules of the Road”: follow and obey all laws, 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, 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 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., Microsoft Corporation, 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 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 Your death, personal injury, partial or permanent disability, negligence, 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. 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 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 understand that the Program does not provide insurance coverage for 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, except for care and treatment covered by Your insurance. You agree to indemnify and hold harmless the Released Parties from all liability for such costs.
g) You understand that We reserve the right, at Our sole and complete discretion, to deny Your participation in the Program.
h) 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. 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. IF WE, OR ANY RELEASED PARTY, ARE FOUND TO BE LIABLE, SUCH LIABILITY SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID 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. Sections 3, 4, 5, 6, 7, 8, and 9 shall survive any termination or expiration of this Agreement.
Miscellaneous. The Bicycle User 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 Washington excluding its conflicts of laws principles. Any action, suit, or other legal proceeding which is commenced to resolve any matter arising under or relating to any provision of this Agreement shall be commenced only in a court of the State of Washington located in King County or, if appropriate, a federal court located within the United States District for the Western District of Washington, and the Parties each consent to the jurisdiction of such a court. 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 LEGALLY AUTHORIZED TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND AGREED TO THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY ACCEPT ITS TERMS.