Bicycle
Rental Agreement (the “Rental Agreement”)
THIS
RENTAL AGREEMENT CONTAINS RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK
PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND
REMEDIES. YOU SHOULD READ THIS AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING
EFFECTS.
I.
Subscription
o Section 1
Subscription Fees
o Section 2
Usage Fees
o Section 3
Lost or Damaged Bicycles; Key; Additional Fees
o Section 4
Credit and Debit Card Matters
o Section 5
Prohibited Acts
II.
Directions and Additional
Terms of Use
o Section 6
Bicycle Safety Inspection
o Section 7
Returning Bicycle
o Section 8
Helmets; Safety
o Section 9
Additional Terms of Use
o Section
10 Limitations on Availability of Services
III.
Miscellaneous
o Section
11 Term and Termination
o Section
12 Notices
o Section
13 Mandatory Arbitration; Class Action Waiver
o Section
14 Waivers
o Section
15 Privacy Policy
o Section
16 Cumulative Remedies
o Section
17 Final Agreement; Modification by Motivate
o Section
18 Severability
In consideration of Your use of any of the
Services (defined below), You ("Subscriber", "You",
or "Your") agree to all terms and conditions in this Rental
Agreement. In order to rent a Bicycle, You must also
agree to the terms of the Liability Waiver, Release, Indemnification, and
Voluntary Assumption of the Risk ("Release"). The CoGo "Services" are operated and provided by
Motivate International Inc. ,a subsidiary of Lyft, Inc. (“Lyft,” and
collectively with Motivate International Inc., "Motivate") and
are composed of several elements, including (1) CoGo
bicycle stations and associated street treatments such as wheel stops, kiosks,
flexible delineators and pavement markings ("Stations"), (2)
automated CoGo pay stations ("Pay Stations"),
(3) separate stands that allow the docking of Bicycles ("Bike Docks"),
(4) CoGo bicycles, including CoGo
electric bicycles and CoGo dockless
or hybrid bicycles (collectively, “CoGo Bicycles” or
“Bicycles”), (5) Lyft mobile application ("Mobile Application")
and CoGo website, cogobikeshare.com ("Website")
(the Mobile Application and the Website, collectively, the "Platform"),
and (6) all related equipment, personnel, and information.
I. Subscription
Section 1 Subscription Fees.
Long-Term Subscriptions. You may
subscribe to a one-year membership ("Annual Membership"), or
as described below, other subscription types made available from time to time.
When You subscribe, You agree to be charged the
membership fee plus any usage or surcharge fees as described in Section 2 that
You incur. The Annual Membership fee amounts are listed on the Platform and are
subject to applicable sales taxes and other local government charges, which may
be charged and collected by Motivate. Your subscription becomes valid and
active upon purchase.
All Annual Memberships will be enrolled in the Auto-Renew
feature by default unless You opt out of the Auto-Renew feature by logging into
Account Settings or calling
1-855-877-2646. Any other Annual Membership subscriber who wishes
to be enrolled in Auto-Renew may do so by logging into Account Settings or
calling 1-855-877-2646.
Section 2
Your Ride Time will be calculated beginning when You reserve or
unlock a Bicycle. If You end Your rental by returning the Bicycle to a Bike
Dock or engaging the on-board lock (if any) within the initial free ride period
applicable to Your subscription type (“Initial Free Ride Period”), no usage fee
will be charged. If You do not end Your rental within the Initial Free Ride
Period, You will be charged the applicable usage fees
on the Platform or displayed at the Pay Stations, which are subject to
applicable sales taxes and other local government charges. After ending Your
rental, You may rent another Bicycle, but only after a
waiting period of up to 2 minutes.
Use of
certain Bicycle types, such electric bicycles, ending a ride outside of a
Station, or parking improperly may incur surcharges at amounts listed on the
Platform and/or on the Pay Station. If You ride a Bicycle that incurs a
surcharge, You will be charged the surcharge in
addition to any other applicable subscription and usage fees.
If You have subscribed to an Annual Membership,
Section 3 Lost or Damaged Bicycles; Key;
Additional Fees.
The Ride Time data generated by the Services’ computer is
conclusive evidence of the period of Your use of a Bicycle. Your use of a
Bicycle is limited to a period of 24 consecutive hours. Any use that exceeds a
period of 24 consecutive hours is deemed a disappearance of the Bicycle, until
the Bicycle is found or returned to a Bike Dock. If a Bicycle rental is not
ended within a period of 24 consecutive hours, then the Bicycle is deemed lost
or stolen, Your credit or debit card will be charged a
fee of up to
You must regularly monitor Your Account to ensure that all
charges are Your own. If You notice any charges that are not Your own, You must notify Motivate immediately.
Section 4 Credit and Debit Card Matters.
You must input a valid credit or debit card number and
expiration date before You will be registered to use the Services, and you must
maintain a valid credit or debit card throughout the duration of Your Annual
Membership.
●
You may not ride a Bicycle
if You are under 16 years of age.
●
You may not ride a Bicycle
while carrying any briefcase, backpack, bag, or other item if it impedes Your
ability to operate safely the Bicycle.
●
You may not use or wear
any cellular telephone, tablet, laptop, text messaging device, portable music
player, or other handheld or other device that may distract You from safely
operating a Bicycle.
●
You may not operate a
Bicycle while under the influence of any alcohol, drugs, medication, or other
substance that may impair Your ability to safely operate a Bicycle.
●
Please walk Your Bicycle,
do not ride it, to and from the outer edge or perimeter of a Station and the
Bike Dock when taking or returning it. You may not ride on or operate a Bicycle
within the outer edge or perimeter of a Station.
●
Each Bicycle is intended
for use by one person only; You may not carry, tow, or otherwise transport a
second person (including a child or pet) using a Bicycle or in the basket.
●
You may not dock or lock
any bicycle in any Station other than Bicycles.
●
You may not bring a
Bicycle in a car, ferry or train.
●
You may not use any
locking mechanism, other than the locking mechanisms provided in the Bike Dock
or on the Bicycle, to immobilize a Bicycle or lock a Bicycle to a Bike Dock.
●
You may not violate any
applicable federal, state, or local law, or any command or instruction from law
enforcement personnel, including those for bicycle riders.
●
You may not modify,
dismantle, write on, or otherwise alter or deface a Bicycle or any part of a
Bicycle in any way. You may not write on, peel, or otherwise modify or deface
any sticker on a Bicycle in any way. You may not use a Bicycle for any
advertising or similar commercial purpose.
●
You may not attach
anything to a Bicycle, including but not limited to baskets, cup-holders,
electric drives, child seats, trailers or tandem bicycles.
●
You may not exceed the
maximum weight limit for the Bicycle (260 pounds) or the basket (17 pounds),
and You may not otherwise use the basket improperly with regard to type of
contents or any visual obstruction or riding impediment.
●
You may not operate a
Bicycle in poor or dangerous weather or road conditions, including snow, hail,
ice, sleet, freezing rain, or electrical storms, which could make it more
dangerous to operate a Bicycle. You must limit or adjust Your riding behavior
and braking distance to suit the weather conditions, and You must promptly act
in a safe manner and, if it would be necessary and prudent to do so, return
Your Bicycle to an available Bike Dock or engage the on-board lock (if any).
●
You may not allow others
to use a Bicycle that You have unlocked or removed from a Bike Dock. You
understand that when You unlock a Bicycle or remove a Bicycle from a Bike Dock,
the Bicycle may be used only by You. You may not transfer any unique subscriber
information to any other person. You may not share Your membership or
subscription with any other person.
●
YOU
UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT
IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE INJURY OR DEATH TO YOU
AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE
POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.
II. Directions and Additional Terms of Use.
Section 6 Bicycle Safety Inspection.
Before each use of a Bicycle, You must conduct a safety
inspection of the Bicycle, which you acknowledge you are competent to do, and
which includes inspecting for all of 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)
alignment of the fender and the metal rods that hold the fender in place; (vi)
good condition of the frame; and (vii) no sign of damage, unusual or excessive
wear, or other mechanical problem or maintenance need. If the Bicycle You are
using is an electric bicycle, You must also confirm
that the battery is locked securely in place in the frame of the Bicycle and
that the cover of the disc brake mount is securely in place. You may not ride
the Bicycle if You notice any mechanical or other problem or safety issue; and,
in such case, You must promptly notify Motivate of all
problems and issues and use a different Bicycle. You agree to press the “Faulty
Bike” button within 1 minute after docking or locking any Bicycle that You
notice has any mechanical or other problem or safety issue. You must not
attempt to repair any Bicycle.
Section 7 Returning Bicycle.
To return a Bicycle that is not equipped with an on-board lock, You must secure it into an available Bike Dock. When the
Bicycle is correctly docked, a sound signal will be emitted, and the signal
light will turn yellow and then green, to confirm that the Bicycle has been
properly secured to the Bike Dock. If the Bicycle is not properly secured to
the Bike Dock, then the signal light will turn red, and a longer signal sound
will be emitted. If the signal light turns red, then You must repeat the
operation until the signal light turns green and the Bicycle is properly
secured in the Bike Dock. If after several attempts the signal light does not
turn green, then You must return the Bicycle to another available Bike Dock.
Any Bicycle that is not properly secured remains Your sole responsibility, and
the usage fees described in Section 2 will be charged until the Bicycle is
properly secured.
To return a Bicycle that is equipped with an on-board lock, You
must park the Bicycle by engaging the on-board lock while the Bicycle is within
any boundaries identified on the map in the Mobile Application, and in an area
accessible by the public at all hours, where bicycle parking is permitted in
accordance with applicable laws and regulations, in an upright position and out
of the way of pedestrian and vehicle traffic. You may not park a Bicycle in any
place that is inaccessible to the public, such as your home or office, or in
any place that is unsafe. You will be solely responsible for any damage to a
Bicycle that is damaged or confiscated as a result of improper or illegal
parking of a Bicycle.
Section 8 Helmets; Safety.
Motivate strongly recommends that all users of the Services wear
a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized,
fitted, and fastened, according to the manufacturer’s instructions. Wearing 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. MOTIVATE
AND THE OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THE QUALITY OR
SAFETY CHARACTERISTICS OF ANY HELMET, AND YOU AGREES THAT MOTIVATE AND THE
OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY INJURY SUFFERED BY MEMBER WHILE
USING ANY OF THE SERVICES, WHETHER OR NOT YOU ARE WEARING A HELMET AT THE TIME
OF INJURY. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE
CLOTHING AND GEAR. You agree that, when using any of the Services, You might need to take additional safety measures and
precautions that are not specifically addressed in this Rental Agreement.
"Released Persons" or “RELEASED PERSONS” means,
collectively, (i) Motivate and all of its owners,
managers, affiliates, employees, agents, representatives, successors, and
assigns, including Lyft, Inc. (ii) the City of Columbus and all of their
respective elected and appointed officers, officials, employees, and agents,
(iii) every sponsor of any of the Services, and all of their affiliates,
dealers, and any of their respective owners, officers, directors, employees,
agents, representatives, successors, and assigns, and (iv) every holder of
property on which is located a Station and all of the property holder’s owners,
officers, directors, affiliates, employees, agents, representatives,
successors, and assigns.
Section 9 Additional Terms of Use.
1.
You represent, warrant,
and agree that You are a safe and competent bicycle operator, You are
sufficiently fit and physically capable to safely ride a bicycle without any
risk to Your health, You are knowledgeable about the operation of a bicycle,
and You are knowledgeable about the laws pertaining to bicycles operated within
Franklin County, Ohio. LIKE ANY
PHYSICAL ACTIVITY, RIDING A BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR
DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES.
BY CHOOSING TO RIDE A BICYCLE, YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR
ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.
2.
You represent, warrant,
and agree that Motivate is not responsible for providing or maintaining bicycle
lanes or any other place where You may ride Bicycles, and that Motivate and the
other Released Persons do not guarantee that there will always be a safe place
to ride a Bicycle. Roads, bicycle lanes, and bicycle routes may become
dangerous due to weather, traffic, or other hazards. You must not use a Bicycle
for racing, riding off road, or any other use, besides safe operation on public
or private roads or property and routes designated for bicycles or electric
bicycles, as applicable.
3.
You represent, warrant,
and agree that Motivate and the other Released Persons are not common carriers.
Alternative means of public and private transportation are available to the
general public and to You, including public buses and rail services, taxis, and
pedestrian paths. Motivate provides Bicycles only as a convenience and
recreational activity, not as a public service, and such rental availability is
intended to be used only by those persons who are able and qualified to operate
a Bicycle on their own and who have agreed to all terms and conditions of this
Rental Agreement.
4.
You agree that access to
the Services is denied to any person less than 16 years of age.
5.
You must report to the
police and to Customer Services at 1-855-877-2646 as soon as possible, but in
no event later than 24 hours, after the occurrence of (i)
any crash, damage, loss, or personal injury while using a Bicycle, (ii) any
vandalism of any of the Services, and (iii) any stolen or lost Bicycle.
6.
You are fully and
completely responsible for all charges, damages, and injuries that arise from
or relate to any use of Your subscription before (i)
a deactivation of the subscription by Motivate upon expiration, or (ii) a
report to customer service at 1-855-877-2646 that Your subscription credentials
are lost or stolen.
Section 10 Limitations on Availability of
Services.
Motivate makes every effort to provide the Services for 365 days
per year; however, Motivate does not guarantee that
the Services will be available at all times, as force majeure events or other
circumstances might prevent Motivate from providing the Services from time to
time. Access to the Services also is conditioned on the availability of
Bicycles and available Bike Docks at each Station. Motivate does not represent
or warrant the availability of any Services or the availability of any Bicycles
or Bike Docks at any Station. No sponsor of the Services has any responsibility
for providing any Services. You may use the Platform to check the inventory of
Bicycles and Bike Docks available at a Station. You agree that Motivate may
require You to return a Bicycle at any time.
III. Miscellaneous.
Section 11 Term and Termination.
The term of this Rental Agreement begins when You first access
the Services, and ends 10 years after Your last use of the Services; provided,
however, that Your personal financial responsibility under Section 4 of this
Rental Agreement, titled Credit and Debit Card Matters, expires one year after
the later of (i) Your last use of the Services, or
(ii) the expiration of Your membership. At any time and from time to time, and
without Your consent, Motivate may unilaterally
terminate Your right to use any of the Services, in Motivate’s
sole discretion and without any notice or cause.
You may terminate Your use of the Services at any time;
provided, however, that (i) no refund will be
provided by Motivate, (ii) the term of this Rental Agreement continues in accordance
with this Section, and (iii) You may still be charged any applicable additional
fees arising under this Rental Agreement. This Rental Agreement remains in full
force and effect, in accordance with its terms and conditions, after any
termination of Your right to use any of the Services, regardless of how the
Rental Agreement is terminated.
If you’ve opted out of auto renewal feature, then starting
thirty (30) days before and no later than one (1) year after the expiration of
Your membership term, You may renew the membership on
the Platform, under the “Member Login” heading. If the membership is not
renewed within this period of time, then You may be required to (i) take certain actions to reactivate Your old account, or
(ii) create an entirely new account for a new membership. The membership, and
the personal identification number related thereto, are non-transferable and
may be terminated if You breach this Rental Agreement, as decided by Motivate
in its sole discretion.
Section 12 Notices.
You may contact Motivate by writing, calling or emailing
Motivate at the address listed below:
Motivate International
Inc.
c/o Lyft, Inc.
548 Market Street, #68514
San
Francisco, CA 94104
Customer Service: 1-855-877-2646
customerservice@cogobikeshare.com
Section 13 Mandatory Arbitration; Class Action
Waiver.
This Rental Agreement is governed by, and must be construed and
enforced in accordance with, the laws of the State of Ohio, excluding
principles of conflicts of laws.
You agree that any dispute or Claim relating in any way to Your
use of the Services will be resolved by binding arbitration, rather than in
court, except that You may assert claims in small claims court if your claims
qualify. The Federal Arbitration Act and federal arbitration law apply to this
Rental Agreement.
There is no judge or jury in arbitration, and court review of an
arbitration award is limited. However, an arbitrator can award on an individual
basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages), and must
follow the terms of this Rental Agreement as a court would.
To begin an arbitration
proceeding, You must send a letter requesting
arbitration and describing Your claim to Motivate International Inc. at 548
Market Street, #68514, San Francisco, CA 94104. The arbitration will be
conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure
Rules in effect at the time the arbitration is initiated, excluding any rules
or procedures governing or permitting class actions. Payment of all filing,
administration and arbitrator fees will be governed by JAMS's rules. We will
reimburse those fees for claims totaling less than $10,000 unless the
arbitrator determines the claims are frivolous. Likewise, we will not seek
attorneys' fees and costs in arbitration unless the arbitrator determines the
claims are frivolous. The arbitration shall take place in Columbus, Ohio or at
such other venue (and pursuant to such procedures) as is mutually agreed upon.
YOU AND
MOTIVATE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED
ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE
ACTION. We also both agree that You or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
You have the right to opt out and not be bound by the
arbitration and class action waiver provisions set forth above by sending
written notice of Your decision to opt out to LBS-legal@lyft.com with the
subject line, "COGO ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The
notice must be sent within thirty (30) days of Your first use of the Services,
otherwise you shall be bound to arbitrate disputes in accordance with the terms
of those paragraphs. If You opt out of these arbitration provisions, Motivate also will not be bound by them.
This Arbitration and Class Action Waiver section shall survive
any termination of your Account or the Platform.
In the event that the arbitration provisions above are found not
to apply to You or to a particular claim or dispute, either as a result of Your
decision to opt out of the arbitration provisions or as a result of a decision
by the arbitrator or a court order, You agree that the venue for any such Claim
or dispute is exclusively that of a state or federal court located in Franklin
County, Ohio. You and Motivate agree to submit to the personal jurisdiction of
the courts located within Franklin County, Ohio for the purpose of litigating
all such claims or disputes.
Further, if Motivate prevails in litigation against You to
enforce its rights under this Rental Agreement, Motivate shall be entitled to
its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in
preparation for trial, appeal, or otherwise) incurred in resolving or settling
the dispute, in addition to all other damages or awards to which Motivate may
be entitled.
Section 14 Waivers.
No waiver of any breach of any provision of this Rental
Agreement is a waiver of any other breach or of any other provision of this Rental
Agreement. The terms of this Rental Agreement may be waived or amended only in
writing and only by the party that is entitled to the benefits of the term
being waived or amended.
Section 15 Privacy Policy.
Motivate collects and uses information pursuant to the Lyft
Privacy Policy located at www.lyft.com/privacy. By using the Services, You agree to be bound by the Lyft Privacy Policy and all
future amendments, modifications, and changes thereto.
Section 16 Cumulative Remedies.
All rights and remedies granted under or referred to in this
Rental Agreement are cumulative and nonexclusive, and resort to one does not
preclude the availability or applicability of another or to any other right,
remedy or defense provided by law.
Section 17 Final Agreement; Modification by
Motivate.
This Rental Agreement and the Release contains the complete,
final, and exclusive integrated agreement between the parties with respect to
its subject matter. This Rental Agreement and the Release supersede all other
prior agreements, written or oral, relating to such subject matter. At any time
and from time to time, and without Your consent, Motivate may unilaterally
amend, modify, or change this Rental Agreement, in its sole discretion and
without any notice or cause, and by continuing to use any Services after any
amendment, modification, or change, You have agreed to be bound by all such
amendments, modifications, and changes. You must carefully review this Rental
Agreement on a regular basis to maintain awareness of all amendments,
modifications, and changes. Whenever a change is made to this Rental Agreement,
Motivate will post a notification on the
Platform. Notwithstanding any provision in this Rental Agreement that
may be to the contrary, the pricing set forth on the Platform supersedes all
pricing set forth in this Rental Agreement.
Section 18 Severability.
If a court deems any provision of this Rental Agreement,
including but not limited to the binding arbitration and class action waiver
provisions, illegal or otherwise unenforceable for any reason, You agree that
such provision shall be severed from the Rental Agreement and shall be
inoperative, and the remainder of the Rental Agreement shall remain operative
and shall be binding on the parties.
Your Agreement to Rental Agreement
I hereby represent that I am the person renting
a Bicycle, I am 18 years of age or older, and I have read and agreed to all of
the terms and conditions set forth in this Rental Agreement.
OR
I certify that I am the Parent or Legal Guardian of the person
renting a Bicycle, who is 16 years of age or older, and I have read and agreed
to the terms and conditions set forth in this Rental Agreement on behalf of
myself and the person renting a Bicycle, and I authorize the use of the
Services by such minor person.
January, 28 2020