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.
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
o Section 6 Bicycle Safety Inspection
o Section 7 Returning Bicycle
o Section 8 Helmets; Safety
o Section 10 Limitations on Availability of Services
o Section 11 Term and Termination
o Section 12 Notices
o Section 13 Mandatory Arbitration; Class Action Waiver
o Section 14 Waivers
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.
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.
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
● 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.
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.
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.
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:
c/o Lyft, Inc.
548 Market Street, #68514
Francisco, CA 94104
Customer Service: 1-855-877-2646
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 LBSemail@example.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 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.
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.