TERMS OF SERVICE
Terms of Service + Rental Agreement
This Rental Agreement (the “Agreement”) is made and entered into as of the date set forth below (the “Effective Date”) by and between BoltAbout Inc., a Delaware corporation (“BoltAbout”), and the undersigned rental customer (“Customer”). Customer agrees that the terms and conditions set forth in this Agreement shall govern the rental of an electric bike (the “Bike”) from BoltAbout.
- Bike Rental Information, Fees and Payment
The Security Deposit is due upon execution of this Agreement. The Monthly Rental Fee is due in advance on the ___ of each month. Customer acknowledges and agrees that BoltAbout is permitted to bill Customer any applicable fees (including the Security Deposit and Monthly Rental Fee), any applicable taxes and any other charges that Customer may incur with BoltAbout in connection with Customer’s rental of the Bike pursuant to this Agreement (“Charges”). The Charges will be paid via credit card through BoltAbout’s third-party payment processor. Customer acknowledges and agrees that BoltAbout will automatically charge Customer’s credit card on record with BoltAbout for the then-current Monthly Rental Fee upon the commencement of any Renewal Term (as defined below). If payment is not received and/or cannot be charged to Customer’s credit card for any reason in advance, BoltAbout reserves the right to immediately terminate this Agreement. All Charges are non-refundable except as expressly provided herein. If the Bike and all Accessories provided by BoltAbout are returned promptly at the end of the Term in clean, undamaged condition (less reasonable wear and tear) upon termination of this Agreement, BoltAbout will promptly refund the Customer’s Security Deposit.
- Term; Termination
The initial term of this Agreement shall commence on the Effective Date and continue for a period of thirty (30) days thereafter (the“Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive thirty (30) day periods (each a “Renewal Term” and, together with the Initial Term, the “Term”) until terminated as set forth herein. Subject to BoltAbout’s right to immediately terminate as set forth in this Agreement, either party may terminate this Agreement by providing the other party fourteen (14) days’ written notice to the other party. Upon termination, Customer shall immediately return the Bike and all Accessories provided by BoltAbout to BoltAbout. Sections 1, 6, 7, 8 and 9 shall survive the expiration or termination of this Agreement.
- Customer’s Responsibilities and Acceptable Use
Customer acknowledges that Customer must be at least 18 years of age in order to rent the Bike pursuant to this Agreement. Customer acknowledges and agrees to be responsible for and adhere to acceptable use of the Bike as follows:
- Customer shall use the Bike in a careful and proper manner and agrees to comply with all applicable laws relating to the rental and use of the Bike.
- Customer shall always wear a helmet when riding the Bike. Customer must always have adequate health and medical insurance in place when riding the Bike.
- Customer is responsible for the care and condition of the Bike during the Term of this Agreement.
- The Bike must always be stored in a secured, locked location or securely locked with the provided lock provided by BoltAbout. When locking the Bike with the provided lock, the Customer must lock the Bike frame to a bike rack (no chain link fences or wooden posts).
- Locking the Bike wheel to a bike rack does not provide adequate security and may result in theft.
- The Bike must be stored in a dry, covered area that prevents the Bike from coming into contact with the rain or other sources of water such as sprinklers.
- Customer understands riding or storing the Bike where it may come in contact with liquids may cause serious and irreversible damage.
- Customer must check the Bike before setting out on any ride to ensure the Bike is safe and in proper working condition, as well as keep the battery charged.
- Do not let the battery fully discharge as it reduces the overall battery life.
- Customer agrees to return the Bike in clean, undamaged condition to avoid any additional charges for repair, maintenance or replacement.
- Customer agrees to always use visibility enhancements, such as blinking lights, especially at night time.
- Customer agrees that the Bike is designed for one rider.
- Customer agrees to return the Bike in clean, undamaged condition (less reasonable wear and tear).
- Unauthorized Activities
Customer agrees that Customer shall not engage in any of the following activities with the Bike:
- Riding the Bike while under the influence of alcohol or drugs.
- Taking the Bike off jumps or curbs.
- Engaging in stunts, wheelies or other reckless behavior with the Bike.
- Providing rides to passengers or allowing others to ride the Bike.
- Riding the Bike on rocky mountain bike tails or through the rain, mud or sand.
This list of unauthorized activities is an example and is not complete or exclusive. BoltAbout reserves the right to immediately terminate this Agreement for any action that BoltAbout determines is inappropriate or may damage the Bike.
- Repairs; Loss; Damage
Customer acknowledges that Customer was provided the opportunity to inspect the Bike and that the Bike is in good working condition as of the Effective Date. Customer acknowledges and agrees that Customer is liable for all damage (other than reasonable wear and tear) and/or loss of the Bike. For purposes of this Agreement, reasonable wear and tear does not include a damaged battery, broken or malfunctioning components, broken spokes, broken or bent rims, or damaged frames, handlebars or seats.
If the Bike is lost or stolen, Customer is liable for the replacement cost for the Bike to BoltAbout. If the Bike is damaged, which includes a flat tire, Customer shall immediately notify BoltAbout and stop using the Bike to avoid further damage. Customer shall not attempt to repair the Bike, but rather shall contact BoltAbout’s professional repair service provider to repair any damage to the Bike. Customer shall be liable for payment for repairs, including parts and labor, by the professional repair service provider.
- Assumption of the Risk
CUSTOMER’S USE OF BIKE IS AT CUSTOMER’S OWN RISK.Customer understands and agrees that bicycling is a hazardous activity that may entail unavoidable risk of death, personal injury (including, but not limited to, severe spinal or head injury) and loss of or damage to property. Customer also understands that Customer should be in good physical health in order to participate in bicycling. Customer acknowledges that BoltAbout is not responsible for the conditions of the roads, routes or surfaces on which Customer rides the Bikes. Customer further acknowledges that flat tires and mechanical failures are an inherent risk of bicycle riding for which BoltAbout is not responsible. Customer acknowledges and agrees that Customer is choosing to participate in bicycling in spite of these risks. Accordingly, Customer understands the inherent risk involved in using the Bike and accepts full responsibility for any and all such damage or injury which may result.
- Waiver of Liability; Indemnification and Release of Claims
In consideration for BoltAbout renting Customer the Bike pursuant to this Agreement, Customer agrees that BoltAbout, and its officers, directors, employees, agents and affiliates, shall not be liable for any damages arising from injuries to person or property, including death, sustained by Customer or any third party, as a result of any and all activities related to the rental, operation, or use of the Bike provided by BoltAbout to Customer pursuant to this Agreement, including any damages resulting from BoltAbout’s negligence.
Customer hereby agrees to indemnify and hold harmless BoltAbout, and its officers, directors, employees, agents and affiliates, for any and all damages arising from injuries to person or property, including death, sustained by Customer or any third party, as a result of any and all activities related to the rental, operation, or use of the Bike provided by BoltAbout to Customer pursuant to this Agreement, including any damages resulting from BoltAbout’s negligence.
The general release in this Agreement extends to claims that Customer does not know or suspect to exist in its favor, which, if known by Customer, would have materially affected Customer’s decision to enter into this Agreement. Customer acknowledges that it is familiar with Section 1542 of the California Civil Code which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Customer expressly waives and relinquishes any right or benefit which it has or may have under Section 1542 of the California Civil Code and under any other statute or legal principle with similar effect, including, without limitation, any similar or analogous provision under the laws of another state.
In connection with such waiver and relinquishment, Customer acknowledges that it is aware that, after executing this Agreement, Customer or its attorneys or agents may discover claims or facts in addition to, or different from, those which they now know or believe to exist with respect to the subject matter of this Agreement or the parties hereto, but that it is Customer’s intention hereby to fully, finally, and forever settle and release all of the claims, whether known or unknown, suspected or unsuspected, which now exist, may exist, or heretofore may have existed among them. In furtherance of this intention, the releases herein given shall be, and remain in effect as, full and complete releases notwithstanding the discovery or existence of any such additional or different claim or fact.
- Limitation of Liability
IN NO EVENT SHALL BOLTABOUT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING(AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE). IN NO EVENT, WILL THE MAXIMUM AGGREGATE LIABILITY OFBOLTABOUTTO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), EQUITY, BREACH OF CONTRACT OR OTHERWISE, EXCEED FIVE HUNDRED DOLLARS ($500).
California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this Agreement. If any provision of this Agreement is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Agreement. BoltAbout’s failure to enforce any of provision of this Agreement is not a waiver of such provision hereof. This Agreement is the entire agreement between Customer and BoltAbout and supersedes all prior or contemporaneous negotiations, discussions or agreements between the parties.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTANDS ITS CONTENT AND IS ENTERING INTO THIS AGREEMENT VOLUNTARILY. CUSTOMER FURTHER ACKNOWLEDGES THAT CUSTOMER ASSUMES THE RISK OF RENTING THE BIKE PURSUANT TO THIS AGREEMENT AND AGREES TO WAIVER, INDEMNIFY AND RELEASE BOLTABOUT FROM ANY AND ALL LIABILITY ARISING OUT OF THIS AGREEMENT.