Reddy Bikeshare Rental Agreement & Waiver

REDDY BIKESHARE

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, or otherwise accepting this Agreement through the Service, 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 ( the “ 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 ( the “ Agreement ”), which are intended to promote the safe use of Shared Mobility Inc. Bikes and apply to all Registered Members, as defined below.

For purposes of this Agreement, “ Bike ” means any bicycle made available through the Service, including a human - powered pedal bicycle (“ Pedal Bike ”) and a Class 1 bicycle with electric assist (“ E - Bike ”). A Reddy E - Bike provides electric assistance only while the rider is pedaling and ceases to provide electric assistance when the Bike reaches 20 miles per hour. Pedal Bikes and E - Bikes may have different operating characteristics, replacement values, and use restrictions.

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 or through the Website or Mobile Application. 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.

Section 2: Term and Termination

The term of this Agreement begins when Member first registers for or accepts the Service and continues through December 31, 2029, unless earlier terminated by either party as provided in this Agreement or replaced by a later agreement accepted by Member. Seasonal operating dates and Bike availability may vary during this term. 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 any refundable Membership Fee previously paid, if applicable. If this Agreement is terminated by Member, then Member will not be entitled to a refund except as otherwise required by law or the applicable membership plan. The terms of this Agreement shall survive termination or expiration 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 or Mobile Application for the purposes of renting, returning, and locking Shared Mobility Inc. Bikes. Under the Service, Bikes may be rented and returned in accordance with the parking and return requirements displayed in the Website or Mobile Application. Service hours, Hub availability, and permitted return locations may vary and are not guaranteed.

Section 4: Membership to Service

Member may purchase or receive access to a Membership for the Service ( “ Membership ”) during the term of this Agreement through December 31, 2029, subject to the duration, pricing, eligibility, and other conditions of the applicable membership plan. To use the Service, Member must complete the required registration process and create or be assigned an Account to become a registered member ( “ Registered Member ”). Applicable payment requirements will be presented during registration or through the applicable membership plan.

Members participating through a group, employer, university, sponsor, or other group plan are expected to read and accept these Terms and Conditions as part of the signup process before using a Bike. Each individual rider remains responsible for complying with this Agreement regardless of

how the Membership is paid for or provided.

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, weather, force majeure events, seasonal operations, 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 Pedal Bike or E - Bike at any Hub. Member may use the Website or Mobile Application to consult Bike availability in the system area.

Section 6: State of Good Repair

Shared Mobility Inc. will make reasonable efforts to provide Bikes in a state of good repair. Member acknowledges that any defect or abnormal condition noted during the pre - ride inspection should be reported using the current in - app reporting function or by contacting Customer Service, and Member should select another Bike instead.

Section 7: Directions for Using Service

Section 7. 1. Unlocking and Using Bike by Member. Member must use the Mobile Application, Website, or other authorized method made available by Shared Mobility Inc. to reserve and unlock a Bike. If Member leaves a Bike unattended during a rental, Member is responsible for securing the Bike using the provided locking equipment in accordance with instructions in the Mobile Application. Member should never leave a Bike unattended and unsecured.

Section 7. 1. 1. Rental of Multiple Bicycles. Subject to program requirements and availability, an Account may be permitted to rent multiple Bikes at the same time. If Member rents multiple Bikes, Member agrees to use the first Bike and make any additional Bike available only to an additional rider authorized under the applicable group or multi - rider plan. Each additional rider is expected to review and accept this Agreement during signup before riding. Member remains responsible for Bikes rented under Member’s Account and for fees or charges attributable to those rentals. Account credentials, PINs, passwords, or other authentication information may not be shared except through an expressly authorized Service feature.

Section 7. 1. 2. E - Bike Operation. Before entering traffic, a Member using an E - Bike must become familiar with its controls and response. E - Bikes may accelerate more quickly and may be heavier than Pedal Bikes. Motor assistance may decrease, disengage, or become unavailable because of speed, battery state of charge, geofencing, system conditions, or malfunction. Member remains responsible for steering, braking, balance, and safe control of the E - Bike at all times and must be prepared to operate it without motor assistance.

Section 7. 1. 3. Geofencing and Operating Restrictions. Shared Mobility Inc. may use geofencing or other technology to limit motor assistance, speed, parking, or operation in designated areas. Such technology is not a substitute for Member’s responsibility to comply with applicable law, signs, and property rules. Member must obey applicable restrictions even if the Bike or Mobile Application does not detect or enforce them.

Section 7. 1. 4. E - Bike Electrical System. Member shall not remove, open, charge, modify, bypass, disable, or tamper with an E - Bike battery, motor, controller, wiring, display, sensor, charger connection, or other electrical component. Member shall stop using the E - Bike and promptly report the condition if the Bike displays an electrical fault, behaves unexpectedly, loses normal control response, has visibly damaged electrical components, or produces unusual heat, smoke, odor, sparking, or other signs of an electrical or battery problem.

Section 7. 2. Returning Bike. To return a Bike, Member must park and secure the Bike in a permitted location and complete the return process required by the Mobile Application or locking system. It is Member’s responsibility to confirm that the rental has ended successfully. If the return cannot be confirmed, Member must ensure the Bike is secured and contact Shared Mobility Inc. at (716) 407 - 7474. A Bike that is not properly secured or returned remains Member’s responsibility. Any applicable improper - locking or parking fee will be charged in accordance with the current fee schedule.

Section 7. 3. Permitted Period of Continuous Use; Lost or Stolen Bike. Member understands and agrees that the purpose of the Service is to provide short - term access to Bikes and that use of any one Bike should be limited to a period of 12 consecutive hours unless prior arrangements have been made with Shared Mobility Inc. ( “ Permitted Period ”). If Member maintains possession of a Bike beyond the Permitted Period, Member may be subject to usage fees and termination of Membership.

If a Bike is lost or stolen during Member’s rental period, Member’s Account may be charged the uninsured replacement cost, up to a maximum of $ 1, 600 for a Pedal Bike or $ 2, 500 for an E - Bike. Before charging Member, Shared Mobility Inc. will attempt to locate the Bike using available system information and attempt to contact Member using the contact information associated with the Account. If a lost or stolen Bike is later returned, replacement fees charged may be refunded, provided that Shared Mobility Inc. may retain amounts reasonably necessary for repairs if the Bike is not returned in good working condition.

Member agrees to report the disappearance of any Bike to Shared Mobility Inc. within 24 hours and to report the disappearance to the local police department within 48 hours. If Member promptly reports the loss, files a police report, and forwards the police report to Shared Mobility Inc., Shared Mobility Inc. may, in its sole discretion, waive replacement fees. Use beyond the Permitted Period may be treated as a disappearance until the Bike is found or returned. If a Bike is returned damaged beyond normal wear and tear due to Member’s use, Member may be charged the reasonable and necessary cost of repair.

Section 8: General Assumption of Risk by Member

Member understands and agrees that riding a Bike involves obvious and not - so - obvious risks, dangers, and hazards that may result in injury or death to Member or others, as well as damage to property, and that such risks cannot always be predicted or avoided. Member assumes responsibility for the risks, dangers, and hazards associated with use of the Service. Member understands that if Member’s negligent or improper use of the Service causes injury or damage to another person or property, Member may be liable for resulting injuries, damages, and related costs. Member is responsible for the safe operation of the Bike during the rental period and may need to take additional safety measures or precautions not specifically addressed in this Agreement.

Without limiting the foregoing, Member acknowledges that E - Bikes may involve additional risks associated with greater weight, faster acceleration, motor assistance, changes or loss of motor assistance, electrical components, battery systems, increased stopping distance at higher speeds, and differences in handling compared with a Pedal Bike. Member accepts responsibility for adjusting speed and riding behavior to the Bike, roadway, traffic, weather, visibility, surface, and surrounding conditions.

Section 9: Prohibited Acts

a) Member shall not ride a Bike while carrying any briefcase, backpack, bag, or other item if it impedes Member’s ability to operate the Bike safely.

b) Member shall not use any cellular telephone, text messaging device, portable music player, or other device in a manner that distracts Member from safely operating the Bike.

c) Member shall not operate a Bike while under the influence of alcohol, drugs, or any other substance that may impair Member’s ability to safely operate the Bike.

d) Member shall not carry a second person on a Bike, in the basket, or on the luggage rack.

e) In the case of failure of the Bike locking mechanism, Member should contact Customer Service at (716) 407 - 7474 for instructions.

f) While operating a Bike, Member shall not violate any applicable federal, state, or local law, including laws applicable to bicycles and bicycles with electric assist. Member is responsible for checking and complying with the local laws and rules that apply where the Bike is being operated.

g) Member shall not dismantle or modify a Bike or its locking equipment in any way, except for normal use of rider - adjustable features such as seat height.

h) Member shall not use a Bike if Member exceeds the maximum weight limit specified for that Bike or communicated by Shared Mobility Inc.

i) Member shall not exceed the stated capacity of a Bike basket or carrier, and shall not carry people or animals in a basket or elsewhere on the Bike.

j) Member shall not operate a Bike in extreme weather conditions, including snow, hail, or electrical storms, when conditions make operation unsafe. Member is responsible for adjusting riding behavior and braking distance to conditions.

k) Except for an additional rider expressly authorized under an applicable group or multi - rider plan who has reviewed and accepted this Agreement during signup, Member shall not permit another person to use a Bike rented under Member’s Account and shall not share Member’s PIN, password, Account credentials, or other authentication information.

l) Member shall not intentionally defeat or bypass an E - Bike speed restriction, geofence, or other operating limitation, or tamper with any E - Bike electrical component.

Section 10: Additional Member Obligations

a) Member represents that Member is capable of safely operating the selected Bike and is responsible for determining whether Member can safely participate. Like any physical activity, riding a Bike may cause injury or discomfort and may worsen or complicate an underlying medical condition. By choosing to ride, Member assumes responsibility for determining whether riding is appropriate for Member. YOUR HOMEOWNER’S, RENTER’S, OR AUTOMOBILE INSURANCE POLICIES MIGHT NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING USE OF A BIKE OR E - BIKE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.

b) Member agrees that Bikes are machines that may malfunction even if properly maintained and that such malfunction may cause injury. Before using a Bike, Member shall conduct a safety inspection that includes: (i) proper tire condition and pressure; (ii) wheel condition and trueness; (iii) safe operation of brakes and lights; (iv) proper attachment and condition of the seat, pedals, and basket; (v)

condition of the frame and fork; and (vi) signs of damage, unusual or excessive wear, or other mechanical problems. For an E - Bike, Member shall also visually check for obvious damage to the battery enclosure or electrical components and confirm that the Bike responds normally before entering traffic. Member shall not attempt to open, remove, repair, or service any electrical component. Member shall not ride a Bike with a known or suspected safety problem and shall promptly report the issue and use another Bike.

c) Shared Mobility Inc. does not provide or maintain places to ride Bikes and does not guarantee that there will always be a safe or lawful place to ride. Roads, bicycle lanes, bicycle routes, paths, trails, and other facilities may be subject to changing conditions and different legal restrictions. Member may use a Bike only where operation of the selected type of Bike is permitted. Rules applicable to E - Bikes may differ from rules applicable to Pedal Bikes. Member is responsible for checking and complying with applicable state and local laws, posted signs, traffic - control devices, park or trail rules, campus rules, property - owner restrictions, and restrictions communicated through the Mobile Application. Member must not use a Bike for racing, stunt riding, or other unsafe or prohibited use.

The availability or unlocking of a Bike does not represent or guarantee that Member's operation of the Bike at a particular location complies with all applicable laws or that Member possesses or is using any personal protective equipment required by law.

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. Shared Mobility Inc. provides Bikes as a convenience for persons who are able and qualified to operate the selected Bike and who have agreed to this Agreement.

e) Member agrees that Shared Mobility Inc. may require Member to return a Bike at any time for good cause, with reasonable notice and at a mutually agreeable or otherwise reasonably designated location.

f) Member shall promptly report to Shared Mobility Inc. any crash, collision, injury, property damage, or significant impact involving a Bike, and shall contact emergency services or law enforcement when required by law or reasonably necessary. Reports to Shared Mobility Inc. must be made as soon as possible and no later than 24 hours after the occurrence. Following a significant crash or impact, Member shall stop riding the Bike, secure it if safely possible, and follow Customer Service instructions. Member shall not resume riding a Bike that may have sustained structural, braking, wheel, steering, battery, or electrical damage.

g) If Member is unable to report identifying information due to a medical emergency, Shared Mobility Inc. may, at its discretion and as permitted by law, provide personal and contact information to authorities upon their request.

Section 11: Helmets

Member acknowledges that wearing a properly sized, fitted, and fastened bicycle helmet meeting an applicable recognized safety standard may protect against or lessen the severity of some head injuries, but helmets are not 100 % effective and do not protect against all injuries. Shared Mobility Inc. recommends that all riders wear an approved helmet according to the manufacturer’s instructions. Member must wear a helmet whenever required by applicable law or by the rules governing the property where Member is riding. Shared Mobility Inc. does not represent or warrant the quality or safety characteristics of any helmet.

Member must wear a helmet, reflective clothing or material, or other personally worn protective or safety equipment whenever required by applicable law or by the rules governing the property where Member is riding.

Except where expressly stated otherwise, Shared Mobility Inc. does not provide helmets, reflective clothing or material, or other personal protective equipment. Member is responsible for obtaining, properly using, and complying with any personal protective equipment required by applicable law before operating a Bike. Member shall not begin or continue operating a Bike unless Member is able to comply with those requirements.

Section 12: Credit Card Matters

Where a payment card is required, Member must provide valid payment information and represents and warrants that Member is authorized to use the payment method. Member authorizes Shared Mobility Inc. to charge the payment method for expenses incurred on the Account, including applicable usage fees, additional fees, repair charges, and replacement charges. Member has an ongoing duty to keep required payment information current. Any payment dispute should be reported promptly to Shared Mobility Inc. in accordance with the current billing and dispute procedures communicated through the

Service.

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; and (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: Shared Mobility Inc., 640 Ellicott St. # 441, Buffalo, NY 14203; Customer Service: 716 - 407 - 7474; 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 Bike. 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 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, BIKE, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR 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 BIKE. YOU WAIVE ALL CLAIMS WITH RESPECT TO THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT, STATUTORY, OR OTHER GROUNDS, EVEN IF SHARED MOBILITY INC. HAS 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 ITS OWN NEGLIGENCE OR BREACH OF CONTRACT.