RIDER should CAREFULLY READ all terms and conditions before entering this Agreement.
THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS.
1. PURPOSE OF AGREEMENT
This document constitutes the entire Agreement (“Agreement”) between (a) the person who is at least 18 years of age and agreeing to license and use the bike (“Bike”), or the person who is at least 12 years of age and agreeing to license and use the Bike and the person who is a legal guardian of such person (“RIDER” or “You”) , and (b) Ithaca Bikeshare, The Center for Community Transportation d/b/a Ithaca Bikeshare (“Ithaca Bikeshare”).
2. GENERAL RENTAL AND USE OF BIKE: Agreements and Restrictions
2.1 Grant of License: Ithaca Bikeshare expressly agrees to license use of the SERVICES, and the RIDER expressly accepts the license to use the SERVICES subject to the terms and conditions set out herein. Ithaca Bikeshare and the RIDER are the only parties to this Agreement. The RIDER is the sole licensee and is solely responsible for compliance with all terms and conditions contained herein.
2.2 RIDER is 18 years or older: RIDER represents and certifies that RIDER is at least 18 years old. Ithaca Bikeshare is relying on RIDER’s representation. If RIDER intentionally or unintentionally misrepresents his/her age, RIDER accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such misrepresentation.
In order to access the Services, You must be a registered user and download the App on a compatible, camera-enabled, personal mobile device, such as a smartphone or a tablet. You must also agree to be bound by Ithaca Bikeshare’s Liability Waiver and Release.
2.3 Safety for RIDER and others. You agree to operate the Bike as follows: (1) you shall not damage, obstruct or unreasonably interfere with the property of any other person, including streets, sidewalks, and vehicles; (2) you shall not inhibit pedestrian or vehicular movement within any sidewalk or street or driveway; (3) you shall not engage in any conduct or create any conditions that compromises public safety or security; (4) you shall at all times store or park the Bike in an upright position; (5) you shall not park or store a Bike at any time in any of the following locations: (a) in a location or manner that obstructs a street, sidewalk, crosswalk, driveway, or building entrance or exit (including emergency exits); (b) in a parking space designated for motor vehicles; (c) in a fire lane or other such location that may imperil public safety; (d) inside any building of any kind; (e) on private property of third parties, except during business hours at locations that are held open to the general public and that provide adequate facilities for parking Bikes, such as grocery stores or retail locations.
Account Use. You agree that only you, the Account holder, are solely responsible for your Account and all Ithaca Bikeshare bicycles rented through your Account. Should You allow additional RIDERS to rent a Bike under Your Account, You acknowledge and warrant that any additional RIDERS will be subject to and accept these Terms and Conditions, and You will be responsible for any fees, fines, penalties assessed to those additional RIDERS.
2.5 RIDER is a competent bike operator: RIDER represents and certifies that they are familiar with the operation of the Bike, and are reasonably competent and physically fit to ride the Bike.
2.6 Bike is exclusive property of Drop Mobility: RIDER agrees that the Bike and any equipment attached thereto, at all times, remains the exclusive property of Ithaca Bikeshare. RIDER will not make any modification to the Bike at any time.
2.7 Bike Operating Hours and Bike Availability: RIDER understands that Bikes are limited and Bike availability at any location is never guaranteed.
2.8 MAXIMUM CHARGES: RIDER agrees that RIDER will return the Bike to an appropriate location within the service area and RIDER may then check the Bike out again. RIDER agrees that they are solely responsible for being aware of any elapsed time related to the timely return. RIDER understands that there are additional fees for ending trips outside of Ithaca Bikeshare’s service area. Bike Usage Charges are as articulated in the App or as in the RIDER’s chosen plan. Upon return of the bicycle, the RIDER will be charged the accumulated usage charges, or the maximum day charge; whichever is less. The maximum day charge is $40 and is based on a calendar day. Bikes returned and locked outside of the service area will be assessed a $50 out of service retrieval fee. Bikes not returned within 24 hours may be considered stolen, and RIDER may be charged $1000.
2.9 Applicable local and state sales tax of 8% are included in Rental and Replacement Charges.
2.10 Fees.Your access to and use of the Services is subject to your payment of the applicable fees due for the Services selected by You ("Fees") and all other applicable amounts, charges and taxes indicated to You when you use the Service. Ithaca Bikeshare may put a hold of $10 on your payment card for the rental period and this will be released as soon as You end the trip on the App. In certain cases it may take up to a couple days for the hold to be released depending on your bank. Fee Schedule:
- Trip ended out of service area = $50
- Bike improperly parked or no end of trip photo provided = $5
- Lost vehicle due to theft or damage = $1000
2.11 Payment. Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately using the Billing Information You provided. Receipts for purchased Services will be delivered to You electronically via the App or the email address You provided. You shall: (i) keep the Billing Information, accurate and up to date; otherwise, we may suspend or terminate your use of the Services; (ii) promptly email [email@example.com] if your Billing Information changes due to loss, theft, cancellation or otherwise; (iii) be liable for Your failure to pay any Fees billed to You by Ithaca Bikeshare caused by Your failure to provide Ithaca Bikeshare with up to date Billing Information. To offset its additional processing costs, Ithaca Bikeshare may charge You for administrative charges as set from time to time for administrative or account activities including: collection efforts due to non-payment or having a balance over Rider credit limit; or returned or rejected payments. All administrative charges charged to You will be indicated to You on Your invoice or receipt and You shall pay all such charges.
2.12 Payment Processor.
Ithaca Bikeshare Access. You are responsible for obtaining the data access necessary to use the Website, App and Services. Your mobile data and messaging fees may apply if You access or use the Services from a wireless-enabled device. You are solely responsible for payment of all fees for such access and use.
2.13 Pick-Up Procedure.
To rent a bicycle using the Services, log in to your Account on the App to find available bicycles nearby. Go to the location of the Ithaca Bikeshare bicycle You wish to rent. Inspect the bicycle for any damage or defects. Use the App to unlock the bicycle.
2.14 Not a Common Carrier. RIDER agrees that Ithaca Bikeshare is not a common carrier. Alternative means of public and private transportation are available to the general public and to the RIDER individually, including public transportation, taxis, ride hailing services and pedestrian paths. Ithaca Bikeshare’s SERVICE is offered as a convenience.
2.15 RIDER must follow rules of use and/or operation of Bike: RIDER agrees to follow all state and local laws, rules, and regulations pertaining to the use, riding and/or operation of bicycles.
2.16 Bike is intended for only limited types of use: RIDER agrees that they will not use the Bike for racing, mountain bike riding, stunt or trick riding. RIDER agrees that they will not operate and/or use the Bike on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others.
2.17 RIDER’s use of front carrier/basket is limited: RIDER acknowledges that the front carrier/basket of the Bike is intended for light goods only, and that they will not carry people or animals in the basket or anywhere on the bicycle.
2.18 RIDER must report any accident, stolen or lost Bike, and RIDER agrees that they must immediately report an accident, or a stolen or lost Bike to Ithaca Bikeshare and Police. RIDER agrees that they are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any accident, stolen or lost Bike.
2.19 RIDER responsibility related to Bike use and damage: RIDER agrees to return the BIKE to Ithaca Bikeshare in the same condition received, ordinary wear and tear excepted. RIDER agrees to ensure that the Bike is always locked and secured when unattended. Bikes may be equipped with wire locks; however, Ithaca Bikeshare will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances, regardless of whether Bike locks are used or not properly functioning. RIDER agrees to pay for destruction or loss of Bike and for any damage, including replacement parts. (RIDER agrees to pay for any loss even though damage was caused by someone else). All repairs needed as a result of any damage, will be performed at the normal labor rates paid by Ithaca Bikeshare for repairs. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay Ithaca Bikeshare the maximum charge for a lost vehicle outlined in 2.6 of this document.
2.20 Drop-Off Procedure. To end your rental, find a secure location to park the bicycle where bicycle parking is permitted. Use the "End Trip" button on the App to lock the bike. Take a picture of the parked and locked/tethered bike and upload it to the Ithaca Bikeshare App. You will receive a rental summary confirming your pick-up location and time, drop-off location and time, and Fees owed for the rental.
3. ASSUMPTION OF RISK; WAIVER; LIMITATION OF LIABILITY AND COVENANT NOT TO USE
3.1 RIDER understands and acknowledges that there are inherent risks that are hazardous to RIDER when RIDER uses and operates a Bike, and that these risks may or may not be caused by the negligence of RIDER or Ithaca Bikeshare or of others, or by defective equipment owned, maintained, or controlled by Ithaca Bikeshare or a third party, and that no amount of care or caution that RIDER or Ithaca Bikeshare may use, and no amount of instruction or expertise on part of Ithaca Bikeshare, can eliminate these risks. RIDER is freely licensing and using a Bike, and RIDER is aware there is risk and hereby expressly assumes all risk associated with licensing, usage and operation of a Bike, whether the risk is known or unknown to RIDER, as well as the risk of travel to and from the Bike hub, and that all of the foregoing risks may result in injury or harm including without limitation personal injury, illness, death or disability; as well as possible damage or destruction of the Bike or RIDER’s personal property.
3.2 RIDER understands that the Ithaca Bikeshare does not provide insurance coverage for injuries incurred during the use of the SERVICE.
3.3 For and in consideration of the license to use and operate the Bike, to the fullest extent permitted by law, RIDER irrevocably and forever releases and relinquishes and discharges Ithaca Bikeshare, Drop Mobility, the City of Ithaca, all Ithaca Bikeshare Sponsors (“Released Parties”) from any and all claims, liability, cause (s) of action and/or damage or personal injury including wrongful death, of or to RIDER or others (third parties) and injury to the property of others (third parties), which arises out of, results from or relates to this Agreement or the use or operation of the Bike (including usage that is permitted under this Agreement), misuse, maintenance, or design, of the Bike, the Ithaca Bikeshare program, and/or its website, including any and all claims, liability, cause(s) of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others (third parties). By this agreement RIDER covenants (promises) not to sue, and that RIDER will not bring, institute, prosecute, or in any way aid in the prosecution of any claim, demand, lawsuit, action, or cause of action against Ithaca Bikeshare, Drop Mobility, the City of Ithaca, all Ithaca Bikeshare Sponsors and any such claims, rights, and causes of action that RIDER or RIDER’s estate may have, are hereby irrevocably waived, released and relinquished, and RIDER does(do) so on behalf of RIDER’S heirs, executors, administrators and assigns.
3.4 RIDER EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES RELATED TO CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY OR LOSS OF LIFE, WHETHER CAUSED BY THE SOLE OR PARTIAL NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE NEGLIGENCE OF OTHERS, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OF EITHER PARTY OR OF A THIRD PARTY, OR ANY OTHER LEGAL THEORY, IN CONSIDERATION FOR USING AND/OR OPERATING THE BIKE.
- You must not do any of the following while using the Services:
- Allow any other individual other than RIDER to operate a Ithaca Bikeshare bicycle that is rented under your account;
- Operate a Ithaca Bikeshare bicycle while distracted, including using a cellphone or other electronic device;
- Operate a Ithaca Bikeshare bicycle while under the influence of alcohol, drugs or any other substance that would impair your ability to safely operate the bicycle;
- Operate a Ithaca Bikeshare bicycle with any passengers or second RIDERs;
- Dismantle, take apart, or modify in any way a Ithaca Bikeshare bicycle;
- Exceed the maximum weight limit for a Ithaca Bikeshare bicycle if indicated on the bicycle or communicated to You via the App; or
- Engage in any behavior using the Ithaca Bikeshare Services or bicycles that is reasonably expected to cause a risk of danger or harm to You, other people or property.
- Leave the Bike in a hazardous location such as the side of freeway or onramp.
- Lock the Bike using a personal lock or lock a bike on private property or any other location inaccessible to the public.
- Breach of any of the above will result in your immediate termination from the Ithaca Bikeshare Services and other services provided by the Center for Community Transportation.
4. GOVERNING LAW AND LEGAL RIGHTS.
4.1 This Agreement is made and executed in the State of New York. This Release shall be subject to, and interpreted by and in accordance with the laws of the State of New York, regardless of any conflict of laws provisions.
4.2 RIDER expressly recognizes, and has had the opportunity to discuss with counsel of RIDER’s choosing, that this Agreement and the waiver, release of liability, indemnity and covenant not to sue and is a contract pursuant to which RIDER is a party, and that the contract is the law of the parties and has binding effect. RIDER expressly intends to enter into this Agreement, that RIDER does so voluntarily and of RIDER’s own free will.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICES, ITHACA BIKESHARE APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." ITHACA BIKESHARESPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. ITHACA BIKESHARE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND ITHACA BIKESHARE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. ITHACA BIKESHAREWILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY YOU WITH A THIRD PARTY BY MEANS OF THE SERVICES.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ITHACA BIKESHARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, ITHACA BIKESHARE APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR BICYCLES (INCLUDING THIRD-PARTY USE OF YOUR ACCOUNT), (V) ANY MALFUNCTION OF THE APP OR SERVICES, INCLUDING ANY CYBER ATTACK; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR ITHACA BIKESHARE APP, OR (VII) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF ITHACA BIKESHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ITHACA BIKESHARE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS OR (B) AMOUNTS YOU’VE PAID ITHACA BIKESHARE IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND, AND HOLD ITHACA BIKESHARE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH (I) YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICE OR BICYCLES RENTED UNDER YOUR ACCOUNT; (II) YOUR BREACH OF ANY OF THESE TERMS; OR (III) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES.
Availability & Updates. Ithaca Bikeshare may alter, suspend, or discontinue the Website at any time and for any reason or no reason, without notice. The Website, Services and/or Ithaca Bikeshare App may be unavailable from time to time due to maintenance or malfunction of computer or Ithaca Bikeshare equipment or other reasons. You acknowledge that You shall not be entitled to any claim, damages, or recourse against Ithaca Bikeshare related to the unavailability of the Website or App. Ithaca Bikeshare may periodically add or update the information and materials on this Website without notice.
Security. Information sent or received over the Internet is generally unsecure, and Ithaca Bikeshare cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the Services, and You are responsible for any activities or actions taken under your password. You agree to keep Your password secure. Ithaca Bikeshare will not be liable for any loss or damage arising from Your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Ithaca Bikeshare App or Services, please contact us at: [firstname.lastname@example.org]
Effective Date: November 9, 2022