RIDER should CAREFULLY READ the terms and conditions contained in this Agreement before using the Website, App, or Services. THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS. BY USING THE WEBSITE, THE APP, AND/OR THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, THEN DO NOT USE THE SERVICES, THE APP, OR THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THIS AGREEMENT MAY BE AMENDED OR UPDATED BY Bike Stockton FROM TIME TO TIME. ALL CHANGES WILL TAKE EFFECT WITHIN 30 DAYS OF POSTING THE UPDATED TERMS TO OUR WEBSITE AND/OR APP. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THIS AGREEMENT SHALL INDICATE YOUR ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE WEBSITE OR APP FROM TIME TO TIME WILL BE SUBJECT TO THIS AGREEMENT, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THIS AGREEMENT.
1. GENERAL RENTAL AND USE OF BIKE
1.1 RIDER is sole user: Bike Stockton 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. Bike Stockton 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.
1.3 RIDER is a competent bike operator: RIDER represents and certifies that he/she is familiar with the operation of the Bike and is reasonably competent and physically fit to ride the Bike.
1.4 Bike is exclusive property of Bike Stockton: RIDER agrees that the Bike and any equipment attached thereto, always, remains the exclusive property of Bike Stockton. RIDER will not make any modification to the Bike at any time.
1.5 Bike Operating Hours and Bike Availability: RIDER agrees that Bikes must only be used during the maximum time limits set forth in 2.6 below. Bikes are limited and Bike availability is never guaranteed.
1.6 MAXIMUM USAGE TIME AND CHARGES: Maximum time for use of the Bike is 6 hours. RIDER agrees that RIDER will return the Bike to a designated Bike Stockton Bike hub within 6 hours when usage of the Bike began. RIDER may then checkout the Bike again. RIDER agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return. RIDER understands that they are required to end their trip at a Bike Stockton hub, and they are required to end their trip at a Bike Stockton hub, and there are additional fees for ending trips outside of Bike Stockton’s hubs and service area or for returning a Bike after expiration of the 6 hour period contemplated above. 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 $217 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 will be considered stolen, and RIDER may be charged $2100. Applicable local and state sales tax of 9% are included in Rental and Replacement Charges. Fees. RIDER’s access to and use of the Services is subject to RIDER’s payment of the applicable fees due for the Services selected by RIDER ("Fees") and all other applicable amounts, charges and taxes indicated to RIDER when RIDER uses the Service. Bike Stockton may put a hold of $25 on RIDER’s credit card, or $25 for pre-paid cards, for the rental period and this will be released as soon as RIDER ends the trip on the App. In certain cases it may take up to a couple days for the hold to be released depending on RIDER’s bank. Fee Schedule:
1. Maximum usage (does not include additional fees when applicable) = $217
2. Trip ended out of service area = $50
3. Trip ended out of Bike Stockton hub = $50
4. Bike improperly parked or no end of trip photo provided = $25
5. Bike left unlocked = $35
6. Stolen vehicle recovery = $50
7. Lost vehicle due to theft or damage = $2100
Payment. Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately using the Billing Information provided by RIDER through RIDER’s Account. Receipts for purchased Services will be delivered to RIDER electronically via the App or the email address provided by RIDER. RIDER shall:
(i) keep the Billing Information, accurate and up to date; otherwise, we may suspend or terminate RIDER's use of the Services;
(ii) promptly email email@example.com if RIDER’s Billing Information changes due to loss, theft, cancellation or otherwise;
1.7 Not a Common Carrier. RIDER agrees that Bike Stockton 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. Bike Stockton’s SERVICE is offered as a convenience.
1.8 Bike may be used and/or operated only in the City of Stockton, California. RIDER agrees to only use, operate and/or ride the Bike in the City of Stockton, California. RIDER will not, under any circumstances, remove the Bike from the City of Stockton, California.
1.9 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 in the City of Stockton, California.
1.10 Bike is intended for only limited types of use: RIDER agrees that he/she will not use the Bike for racing, mountain bike riding, stunt or trick riding. RIDER agrees that he/she 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.
1.11 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 he/she will not carry people or animals in the basket or anywhere on the bicycle.
1.12 RIDER must report any accident, stolen or lost Bike, and RIDER agrees that he/she must immediately report an accident, or a stolen or lost Bike to Bike Stockton and the local police. RIDER agrees that he/she is 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.
1.13 RIDER responsibility related to Bike use and damage: RIDER agrees to return the BIKE to Bike Stockton 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, Bike Stockton 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 Bike Stockton for repairs. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay Bike Stockton the full replacement value of the Bike and other equipment.
Drop-Off Procedure. To end your rental, find a Bike Stockton hub to park the bicycle. 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 Shared Mobility Inc.’s Bike Stockton 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.
2. ASSUMPTION OF RISK; WAIVER; LIMITATION OF LIABILITY AND COVENANT NOT TO USE
2.1 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 Bike Stockton or of others, or by defective equipment owned, maintained, or controlled by Bike Stockton or a third party, and that no amount of care or caution that RIDER or Bike Stockton may use, and no amount of instruction or expertise on part of Bike Stockton., 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 or not 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.
2.2 RIDER understands that Bike Stockton does not provide insurance coverage for injuries incurred during the use of the SERVICE. YOUR HOMEOWNER’S, RENTER’S, OR AUTOMOBILE INSURANCE POLICIES MIGHT NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS DEVICE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.
2.3 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 Shared Mobility Inc., Drop Mobility, the San Joaquin Regional Transit District, the San Joaquin Council of Governments, the City of Stockton, all Shared Mobility Inc. Sponsors, and each of their respective employees, contractors, agents, and representatives, as well as owners of property and business owners upon or near which hubs are located (“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 Shared Mobility Inc.’s Bike Stockton program, the App, the Website, and/or the Services, including, without limitation, 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 that RIDER shall not to sue, and that RIDER shall not bring, institute, prosecute, or in any way aid in the prosecution of any claim, demand, lawsuit, action, or cause of action against the Released Parties, 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.
2.4 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.
PROHIBITED BEHAVIOR You must not do any of the following while using the Services:
1. Allow any minor to operate a Bike that is rented under your account;
2. Operate a Bike while distracted, including using a cellphone or other electronic device;
3. Operate a Bike while under the influence of alcohol, drugs or any other substance that would impair your ability to safely operate the bicycle;
4. Operate a Bike with any passengers or other RIDERS or any other person;
5. Dismantle, take apart, or modify in any way a Bike;
6. Exceed the maximum weight limit for a Bike if indicated on the bicycle or communicated to You via the App; or
7. Engage in any behavior using the Services or Bikes that is reasonably expected to cause a risk of danger or harm to you, other people or property.
8. Leave the Bike in a hazardous location such as the side of freeway or onramp.
9. Park the Bike without locking to a secure object with the provided integrated cable.
10. Lock the Bike using a personal lock or lock a bike on private property or any other location inaccessible to the public.
11. Lock the Bike outside of the Bike Stockton service area, as defined in the App.
Breach of any of the above will result in your immediate termination from the Services, and termination of your right to use any Bike, the Website, and/or the App.
3. GOVERNING LAW AND LEGAL RIGHTS
3.1 This Agreement is made and executed in the State of California. This Release shall be subject to, interpreted by and in accordance with the laws of the State of California, regardless of any conflict of law’s provisions.
3.2 RIDER expressly acknowledges and agrees that RIDER 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.
4. THIRD-PARTY CONTENT
Advertising. You acknowledge and agree that the Website and App may contain advertisements and services. If you elect to have any business dealings with any third-party whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such third-party, and you further acknowledge and agree that Bike Stockton shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings with any third-party and Bike Stockton makes no representation or warranty as to any third-party or advertisements or services offered by such third-party. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials you choose to download, whether intentionally or unintentionally, from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature. Links & Third-Party Websites. The Website may contain links to other websites that are not owned or controlled by Bike Stockton. In no event shall any link or reference to any third-party, third-party product or service be construed as an approval or endorsement by Bike Stockton of that third-party, third-party product or service. Bike Stockton is not and shall not be responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and/or services, and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) does not imply that Bike Stockton endorses or accepts any responsibility for the content or use of such websites, and You hereby release Bike Stockton from any and all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
5. DISCLAIMERS DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Shared Mobility Inc.’s Bike Stockton App or Services, please contact us at: firstname.lastname@example.org
Effective Date: June 9th, 2023