Reddy Bikeshare Rental Agreement & Waiver

PARTICIPATION AND WAIVER TERMS

Shared Mobility Inc. 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.

Shared Mobility Inc. is a self-serve bicycle rental system ("Service"), doing business as the nonprofit: Shared Mobility Inc. ("Shared Mobility Inc.,” “Our," or "We"). In consideration of your use of the Service, Shared Mobility Inc. 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 Shared Mobility Inc. bicycles, and which apply to all Registered Members, as defined below.

Section 1: Modifications to Agreement. Shared Mobility Inc. 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, Shared Mobility Inc. 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, Shared Mobility Inc. will post a notification on https://app.socialbicycles.com/ ("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 of the Reddy Bike Share (November 15, 2026) 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 Shared Mobility Inc. 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 Shared Mobility Inc. bicycle Hubs ("Hubs"). The Hubs are areas designated on the Website for the purposes of the renting, returning, and locking of Shared Mobility Inc. bicycles. Under the Service, Shared Mobility Inc. 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 Membership for the Service ("Membership"), which is good during the term of the operating Period (from July 21, 2016 to November 15, 2026). To purchase a Membership, Member must complete a registration form and create an account ("Account") at https://app.socialbicycles.com/ ("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, Shared Mobility Inc. will charge the Your credit card for the Period registration fee. The Membership registration fee will not be prorated regardless of when You register during the Student 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 Shared Mobility Inc. Website (https://app.socialbicycles.com/).

Section 5: Availability of Service. Shared Mobility Inc. 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 Shared Mobility Inc. from providing the Service. Shared Mobility Inc. does not guarantee the availability of the Service or the availability of any Shared Mobility Inc. bicycle at any Hub. Member may use the Website or the mobile application from their smartphone (“Mobile Application”) to consult the inventory of Shared Mobility Inc. bicycles available in the system area.

Section 6: State of Good Repair. Shared Mobility Inc. 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 QR computer on a Shared Mobility Inc. bicycle to make a reservation and to unlock the bicycle. 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 Shared Mobility Inc. 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 7.1.1. Rental of Multiple Bicycles. Subject to program requirements and availability, Members may rent up to [four] Bicycles at the same time on one account. If You elect to rent multiple Bicycles at the same time, You agree to rent the first Bicycle for your own use and to make subsequent Bicycles available to additional riders. Prior to riding, the additional rider renting a Bicycle under Your account will need to review and accept this Agreement on the mobile app. You further acknowledge and agree that (a) You shall be responsible for each Bicycle rented under Your account, (b) You shall be responsible for ensuring that any individual operating or using a Bicycle rented under Your account shall read and comply with this Agreement, and (c) You are fully and completely responsible and liable for all Claims (as defined below) arising from or related to another individual’s use of a Bicycle rented under Your account.

Section 7.2. Returning Bicycle. To return the Shared Mobility Inc. 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 Shared Mobility Inc. 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 Shared Mobility Inc. 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 Shared Mobility Inc. at (716) 407-7474. Any Shared Mobility Inc. 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 Shared Mobility Inc.. ("Permitted Period”). If Member maintains possession of a Shared Mobility Inc. bicycle beyond the Permitted Period, then the Member will be subject to usage fees and termination of your Membership in the Program. If a Shared Mobility Inc. 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 $1,600. Prior to charging Member’s credit card, Shared Mobility Inc. (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 Shared Mobility Inc., then any replacement fees charged to Member will be promptly refunded ; provided, however, that Shared Mobility Inc. 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 Shared Mobility Inc. 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 Shared Mobility Inc. and files a police report and forwards the police report to Shared Mobility Inc., then Shared Mobility Inc. 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 Shared Mobility Inc. bicycle, until the Shared Mobility Inc. bicycle is found or returned to a Hub location. Lastly, if the Shared Mobility Inc. 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 Shared Mobility Inc. bicycle involves many obvious and not so obvious 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 Shared Mobility Inc. 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 Shared Mobility Inc. 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 Shared Mobility Inc. bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Member's ability to operate a Shared Mobility Inc. 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 Shared Mobility Inc. 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 Shared Mobility Inc. bicycle safely.

c) Member shall not operate a Shared Mobility Inc. bicycle while under the influence of alcohol, drugs, or any other substance that may impair Member's ability to safely operate a Shared Mobility Inc. bicycle.

d) Member shall not carry a second person on a Shared Mobility Inc. bicycle in the basket or on the luggage rack.

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 Shared Mobility Inc. 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 Shared Mobility Inc. bicycle (including the Locking Unit) in any way. This rule does not apply to the use of the seat height adjustment feature on Shared Mobility Inc. bicycles.

h) Member shall not use the Shared Mobility Inc. bicycle if Member exceeds the maximum weight limit for the safe operation of the Shared Mobility Inc. bicycle (280 pounds).

i) Member shall not place items exceeding 20 total pounds in the front basket of the Shared Mobility Inc. 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 Shared Mobility Inc. bicycle in extreme weather conditions, including snow, hail, and electrical storms, which make it more dangerous to operate a Shared Mobility Inc. 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 Shared Mobility Inc. bicycle that Member has rented. Member understands that when Member unlocks a Shared Mobility Inc. 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 Shared Mobility Inc. bicycle, and has received medical clearances for such physical activity. Like any physical activity, riding a Shared Mobility Inc. bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Shared Mobility Inc. bicycle, Member assumes all responsibility for all such injuries or other medical conditions. YOUR HOMEOWNER’S, RENTER’S, OR AUTOMOBILE INSURANCE POLICIES MIGHT NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS DEVICE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT

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 Shared Mobility Inc. bicycle, Member shall conduct a safety inspection of the Shared Mobility Inc. 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 Shared Mobility Inc. bicycle if Member notices any mechanical or other problem or safety issue, and Member agrees to promptly notify Shared Mobility Inc. of all problems and issues and to use a different Shared Mobility Inc. bicycle. Member agrees to press the "Repair" button after making a booking on a Shared Mobility Inc. bicycle that Member notices has any mechanical or other problem or safety issue.

c) Member agrees that Shared Mobility Inc. does not provide or maintain places to ride Shared Mobility Inc. bicycles, and that Shared Mobility Inc. does not guarantee that there will always be a safe place to ride a Shared Mobility Inc. bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. Member must not use a Shared Mobility Inc. 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 Shared Mobility Inc. 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. Shared Mobility Inc. provides Shared Mobility Inc. bicycles only as a convenience, and such rental availability is intended by Shared Mobility Inc. to be used only by those persons who are able and qualified to operate a Shared Mobility Inc. bicycle on their own and who have agreed to all terms and conditions of this Agreement.

e) Member agrees that Shared Mobility Inc. may require Member to return a Shared Mobility Inc. 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 Shared Mobility Inc. bicycle to the local authorities and to Shared Mobility Inc.'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, Shared Mobility Inc. may, at its discretion, provide personal and contact information to the authorities upon their request.

Section 11: Helmets. Member acknowledges that wearing a Snell, CPSC, ANSI, Mips, 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, Shared Mobility Inc. recommends that all riders wear a Snell, CPSC, ANSI, Mips or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer's instructions. Shared Mobility Inc. 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 (Shared Mobility Inc. accepts only Visa, MasterCard, or American Express). You authorize Shared Mobility Inc. 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 Shared Mobility Inc. 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 Shared Mobility Inc. 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 Shared Mobility Inc. by writing, calling, or emailing Shared Mobility Inc. at the street address, telephone number, and email address listed below:

Shared Mobility Inc. 640 Ellicott St. #441 Buffalo, NY 14203

Customer Service Line: 716-407-7474 Customer Service Email: info@reddybikeshare.com

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 Shared Mobility Inc. bicycle). Member does hereby (i) fully and forever release and discharge Shared Mobility Inc. and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns (collectively, "Shared Mobility Inc. and its Related Parties") from all Claims that Member has or may have against Shared Mobility Inc. and its Related Parties, except for Claims caused by Shared Mobility Inc.'s negligence or misconduct, and (ii) Member agrees to indemnify and hold harmless Shared Mobility Inc. and its Related Parties from and against all Claims, except for Claims caused by Shared Mobility Inc.'s negligence or misconduct. To the fullest extent permitted by law, such releases are intended to be general and complete releases of all Claims. Shared Mobility Inc. and its Related Parties may plead such releases as a complete defense to any Claims.

Section 19: LIMITED LIABILITY. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT Shared Mobility Inc. AND ITS RELATED 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 USING A Shared Mobility Inc. BICYCLE. 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. NOTHING HEREIN SHALL RELIEVE Shared Mobility Inc. OF RESPONSIBILITY FOR CLAIMS THAT ARISE AS A RESULT OF THEIR OWN NEGLIGENCE OR BREACH OF CONTRACT.