Milbike.com

User Agreement | Milbike Bikeshare

Bicycle Rental Agreement, Liability Waiver, Release, Indemnification, and Voluntary Assumption of Risk (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 RENTAL AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.

I. FEES

II. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION BY MEMBER

III. DIRECTIONS AND ADDITIONAL TERMS OF USE

IV. MISCELLANEOUS

In consideration of Your use of any of the Milbike Services (defined below), Milbike, Inc. . ("Milbike") requires that You ("Member", "You", or "Your") agree to all terms and conditions in this Rental Agreement. The "Services" provided by Milbike are composed of several elements, including (1) bicycle stations ("Stations"), (2) Milbike bicycles, and (5) all related equipment, personnel, and information.

I. FEES. Back to top

SECTION 1 MEMBERSHIP FEES. Back to top

No Membership fee is charge, for access to the Milbike program.

SECTION 2 USAGE FEES. Back to top

Your Ride Time will be calculated beginning when You unlock and remove a Milbike bicycle from a Bike Dock. If You return the Milbike bicycle to a Bike Dock within 10 minutes, no usage fee will be charged. If You do not return the Milbike bicycle to a Bike Dock within10 minutes, You will be charged the usage fees of $.21, for ever 6 minutes, with a maximum daily rate of $15.

 

SECTION 3 LOST OR DAMAGED BICYCLES; ADDITIONAL FEES. Back to top

The data generated by the Services' computer is conclusive evidence of the period of Your use of a Milbike bicycle. Your use of the Services 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 Milebike bicycle, until the Milbike bicycle is found. If the Milebike bicycle is not returned to a Bike station within a period of 24 consecutive hours, then the Milbike Bikeshare bicycle is deemed lost or stolen and Your account will be charged a lost bike fee of up to $350, and a police report may be filed by Milbike with Base or post authorities. You must return the Milbike bicycle in the same condition in which it was rented. If the Milbike bicycle is returned to a Bike Station damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Milbike bicycle is not returned or is returned in a damaged state. Milbike will attempt to contact You via telephone and email before charging the Your, account by using the contact information You provided when subscribing to the Services. For any disappearance of a Milebike bicycle that was released on Member's account, You must report the disappearance by filing a formal police report with the local police department and also notify Milbike within 24 hours following the disappearance.

 

 

SECTION 4 PAYPAL, CREDIT AND DEBIT CARD MATTERS. Back to top

You represent and warrant to Milbike that You are authorized to use the Paypal account and any credit or debit card attached to it. You authorize Milebike to charge Your Milbike account for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You dispute any charge on Your account, then You must contact Milbike within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Milebike of all changes relating to Your Account and update Your member profile on the Website.

SECTION 5PROHIBITED ACTS. Back to top

a. You may not ride aMilbike Bikeshare bicycle if You are under 16 years of age. A minor who is 16 years of age or older may only use the Services if the minor's membership is subscribed for by, and the minor is under the responsibility of, the minor's parent or legal guardian. By authorizing use of the Services by a minor, the parent or legal guardian (i) agrees that he or she is fully and completely responsible and liable for all injuries, damages, costs, and expenses arising from or related to the minor's use of the Services, and (ii) represents, warrants, and agrees that he or she is the minor's parent or legal guardian and that he or she and the minor have all accepted and agreed,, to all terms and conditions of this Rental Agreement.

b. You may not ride a Milbike Bikeshare bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to safely operate the Milbike bicycle.

c. You may not use or wear any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device that may distract You from safely operating a Milbike Bikeshare bicycle.

d. You may not operate a Milbike Bikeshare bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Milbike Bikeshare bicycle.

e. Each Milbike Bikeshare 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 Milbike bicycle or in the basket.

g. You may not bring a Milbike bicycle in a car or ferry, or ride or transport a Milbike bicycle outside of the . Base boundaries.

h. You may not use any locking mechanism, other than the locking mechanism provided by Milbike at the Bike station, to lock a Milbike bicycle to a Bike Dock.

i. 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.

j. You may not modify, dismantle, write on, or otherwise alter or deface a Milbike bicycle or any part of a Milbike bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Milbike bicycle in any way. You may not use a Milbike bicycle for any advertising or similar commercial purpose.

k. You may not attach anything to a Milbike bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles.

l. You may not exceed the maximum weight limit for the Milbike bicycle (260 pounds) or the cargo carrier (17 pounds), and You may not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.

m. You may not operate a Milbike 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 Milbike 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 return, if it would be necessary and prudent to do so, Your Milbike bicycle to an available Bike Dock.

n. You may not allow others to use a Milbike bicycle that You have removed from a Bike Dock. You understand that when You remove a Milbike bicycle from a Bike Dock, the Milbike bicycle may be used only by You. You may not transfer Your Log in , 4-digit code on the system key, or any other unique Member information to any other person.

o. You understand and assume the risks of Your violation of any Prohibited Act set out in this SECTION. Such risks 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. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION BY MEMBER. Back to top

SECTION 6RELEASES; NO WARRANTIES. Back to top

In exchange for You being allowed to use any of the Services, Milbike bicycles, Stations, Bike Docks, or related information, You (acting for Yourself and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release and discharge all Released Persons FROM all Claims that You have or may have against any Released Person arising out of or in any way related to Your use of the Services. Such releases are intended to be general and complete releases AND WAIVERS of all Claims arising out of or in any way related to Your use of the Services. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, and may do so as intended THIRD-PARTY beneficiaries of such releases, if appropriate.

Without limitation of the foregoing general releases, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY APPLICABLE LAW, Milbike AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS RENTAL AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, Milbike BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS RENTAL AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN SECTION 5, OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY Milbike OR ANY RELEASED PERSON, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING Milbike BICYCLE, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF Milbike OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED THE POSSIBILITY OF SUCH CLAIMS.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, Milbike, STATIONS, BIKE DOCKS, OR RELATED INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, Milbike BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, Milbike AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, Milbike BICYCLES, STATIONS, BIKE DOCKS, AND RELATED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). Milbike AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, Milbike BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, Milbike BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, Milbike BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, AND Milbike AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST Milbike BICYCLE

As used in this Part II and elsewhere in this Rental Agreement, "Claims" or "CLAIMS" means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at or in preparation for trial, appeal, mediation, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Milbike bicycles, Stations, Bike Docks, or related information, or (b) Your use of any of the foregoing. "Released Persons" or "RELEASED PERSONS" means, collectively, (i) Milbike and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) El Paso County, Texas, and all of their elected and appointed officers, officials, employees, and agents, (iii) every sponsor of any of the Services and all of the sponsor's owners, officers, directors, affiliates, 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 7 ASSUMPTION OF RISK; INDEMNIFICATION BY MEMBER. Back to top

YOU ARE solely and fully responsible for the safe operation of the Milbike bicycle at all times. YOU understand that THIS AND other sections in this RENTAL Agreement describe and relate to the risks RELATING to YOUR use of the Services. YOU affirm that YOU HAVE read, understand, and accept the entire RENTAL Agreement. YOU AGREE that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. YOU further agree that, before any use of the Services, YOU will perform the safety inspection described in SECTION 8, and YOU will not use a bicycle that fails the safety inspection and will notify MOTIVATE of such failure. YOU agree that riding a Milbike bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to YOURSELF or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Such risks, dangers, and hazards include and relate to, but are not limited to, other vehicles, bicycles, pedestrians, other third parties, buildings, objects, potholes, WHEELSTOPS, CURBS, DOCKING PLATES, DELINEATORS, PAVEMENT CRACKS, RUTS, UNEVEN OR UNSTABLE ROADWAYS OR BIKE PATHS, LIGHT RAIL or RAIL ROAD TRACKS, WEATHER CONDITIONS, ROAD CONDITIONS, animals, ROAD KILL, vegetation, AND other permanent or temporary obstructions on or near roadways or bike paths, the possibility of criminal OR OTHER THIRD-PARTY acts OR OMISSIONS, bicycle or component malfunction, NEGLIGENT ACTS OR OMISSIONS by ANY RELEASED PERSON, YOUR OR ANY THIRD PERSON'S NEGLIGENT ACTS OR OMISSIONS, and YOUR underlying known or unknown health conditions. YOU agree that ALL such risks, dangers, and hazards, WHETHER KNOWN OR UNKNOWN,ARE your sole responsibility AND YOU ASSUME ALL RELATED RISKS.

YOU agree that choosing whether to wear a bicycle helmet or utilize other protective gear IS YOUR sole responsibility. YOU agree that if YOUR use of any of the Services causes any injury or damage to another person or property, then YOU may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Milbike bicycle, YOU assume full and complete responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards, and YOU agree that Milbike and all other Released Persons are not responsible for any death, injury, damage, or cost caused by YOU with respect to any person or property, including the Milbike bicycle itself.

YOU AG REE, without limitation, to indemnify and hold harmless all Released Persons from any death, injury, or damage to YOURSELF, another person OR PERSONS, or property ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES.

III. DIRECTIONS AND ADDITIONAL TERMS OF USE. Back to top

SECTION 8 BICYCLE SAFETY INSPECTION. Back to top

Before each use of a Milbike bicycle, You must conduct a safety inspection of the Milbike bicycle, 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 bags; (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. You may not ride the Milbike bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Milbike of all problems and issues and You must use a different Milbike bicycle. You agree to press the "report problem link" button within 1 minute after docking any Milbike bicycle that You notice has any mechanical or other problem or safety issue.

SECTION 9 RETURNING BICYCLE. Back to top

To return a Milbike bicycle, Member must secure it into an available Bike Dock.

SECTION 10 HELMETS; SAFETY. Back to top

HELMETS ARE PROVIDED

Milbike strongly recommends that all Members 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 does not provide helmets and it is a Member's sole responsibility to utilize a bicycle helmet or other protective gear. Milbike and the other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and Member agrees that Milbike and the other Released Persons are not liable for any injury suffered by Member while using any of the Services, whether or not Member is wearing a helmet or other protective gear at the time of injury. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING and gear. Member agrees that, when using any of the Services, Member might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.

SECTION 11 ADDITIONAL TERMS OF USE. Back to top

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 the . Like any physical activity, riding a Milbike bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Milbike bicycle, You assume all responsibilities and risks for all such injuries or other medical conditions.

2. You represent, warrant, and agree that Milbike is not responsible for providing or maintaining bicycle lanes or any other place where You may ride Milbike bicycles, and that Milbike and the other Released Persons do not guarantee that there will always be a safe place to ride a Milbike bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Milbike bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.

3. You represent, warrant, and agree that Milbike 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. Milbike provides Milbike bicycles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Milbike bicycle on their own and who have agreed to all terms and conditions of this Rental Agreement.

4. Member must report to the police and to Milbike Customer Services at 1-915-228 4242 or info@milbike.com 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 Milbike bicycle, (ii) any vandalism of any of the Services, (iii) any stolen or lost Milbike bicycle, and (iv) any stolen or lost system code.

 

SECTION 12 LIMITATIONS ON AVAILABILITY OF SERVICES. Back to top

Milbike makes every effort to provide the Services for 365 days per year; however, Milbike does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Milbike from providing the Services from time to time. Access to the Services also is conditioned on the availability of Milbike bicycles and available Bike Docks at each Station. Milbike does not represent or warrant the availability of any Services or the availability of any Milbike bicycles or Bike Docks at any Station. No sponsor of Milbike has any responsibility for providing any Services. Members should use the Website to check the inventory of Milbike bicycles and Bike Docks available at a Station. Member agrees that Milbike may require Member to return a Milbike bicycle at any time.

IV. MISCELLANEOUS. Back to top

SECTION 13 TERM AND TERMINATION. Back to top

The term of this Rental Agreement begins when You first use the Services, and the term 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 Milbikes ‘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 Milbike , (ii) the term of this Rental Agreement continues in accordance with this SECTION, and (iii) You e 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 Agreement is terminated.

SECTION 14 NOTICES. Back to top

You may contact Milbike by writing, calling, or emailing Milbike at the street address, telephone number, and email address listed below:

Milbike, Inc. POB 6265 El Paso, Texas 79906, Customer service: 1-915- 228- 4242 or info@milbike.com

SECTION 15 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 Texas , 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 Milbike Inc. PO box 6265 el paso texas, 79906 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. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.

YOU AND MILBIKE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a Claim proceeds in court rather than in arbitration You and Milbike each waive any right to a jury trial. 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 legal@Milbike.com with the subject line, "Milbike 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, Milbike 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 any Claim or dispute must be resolved exclusively by a state or federal court located in the El Paso , Texas . You and Milbike agree to submit to the personal jurisdiction of the courts located within the County of El Paso Texas for the purpose of litigating all such claims or disputes.

Further, if Milbike prevails in litigation against a Member to enforce its rights under this Rental Agreement, Milbike 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 16 WAIVERS. Back to top

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 17 CUMULATIVE REMEDIES. Back to top

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 or remedy provided by law.

SECTION 18 FINAL AGREEMENT; MODIFICATION BY MILBIKE. Back to top

This Rental Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Member's consent, Milbike may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause. By continuing to use any Services after any amendment, modification, or change, Member has agreed to be bound by all such amendments, modifications, and changes. Member 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, Milbike will post a notification on the Website. Not withstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Website supersedes all pricing set forth in this Rental Agreement.

SECTION 19 SEVERABILITY. Back to top

If a court deems any provision of this Rental Agreement, including the binding arbitration and class action waiver provisions, illegal or otherwise unenforceable for any reason, Member agrees that that 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.

MEMBER AGREEMENT TO BICYCLE RENTAL AGREEMENT

I certify that I am the Member, 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 hereby represent that I am a parent or legal guardian of the below minor Member, who is 16 years of age or older, and that I am fully authorized to execute this Rental Agreement on behalf of myself and all other parents of legal guardians of the minor Member. I hereby give permission and consent to the minor Member's use of the System within the terms and conditions set forth in this Rental Agreement, and have explained these terms and conditions to the minor Member. It is my decision as the minor Member's parent or legal guardian that the System is suitable for the minor Member. I further agree to the terms and conditions set forth in this Rental Agreement, and I shall assume any and all responsibility and liability for the minor Member's use of the System as provided by the terms of this Rental Agreement by Members. I further agree to defend and indemnify any Released Party from any and all Claims by the minor Member arising out or connected to the minor Member's use of the System whether or not any negligence by any Released Party, in whole or in part, is alleged to have contributed to any Claims.

Last updated on December 21, 2016.