RYDABLES RENTAL AGREEMENT, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND RELEASE AGREEMENT
Effective Date: July 1st, 2021
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VEHICLE/SERVICE.
This RYDABLES Rental Agreement, Waiver of Liability, Assumption of Risk and Release Agreement (“Agreement”) sets forth the terms and conditions which govern Your (sometimes referred to herein as “Driver/Rider”, “You”, or “Your”) use of any of the services provided by OHIO RYDABLES, LLC, an Ohio limited liability company (“RYDABLES”). The services provided by RYDABLES include (1) RYDABLES mobile application and related website; (2) use of RYDABLES Electric Vehicles (the “Vehicle” or “Vehicles”); (3) discretionary charging of the Vehicle by Driver/Rider per Section 1.15 below, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by RYDABLES (collectively, the “RYDABLES Services”). In consideration of Your use of any of the RYDABLES Services and/or Vehicles, You agree to all of the terms and conditions contained herein, including, but not limited to, the waivers, releases, and limitations of liability set forth.
In addition to the Terms of Service You expressly agreed to when you signed up for RYDABLES, located at www.RYDABLES.com/terms-and-conditions, You should CAREFULLY READ this Agreement before utilizing RYDABLES Services.
THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW.
- The Vehicle must be locked at the conclusion of the ride. If the Vehicle is not locked, the trip will continue and You will continue to be charged. The max charge for a single trip is Seven Hundred Twenty Dollars ($720) for 24 hours. For more details, please refer to Section 2.3 below.
- Upon conclusion of Your ride, the Vehicle must be parked at a lawful/RYDABLES-approved parking spot/location, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non‑public space.
- All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area. You agree that you will comply with all applicable provisions of the local municipal code and/or the location/venue where you are riding.
- You must promptly report any damaged or malfunctioning Vehicles to RYDABLES via the RYDABLES mobile application (the “RYDABLES App”) and via e‑mail to email@example.com.
- RYDABLES expressly agrees to let, and the Driver/Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.
- GENERAL RENTAL AND USE OF VEHICLE.
1.1. Driver/Rider is Sole User. RYDABLES and the Driver/Rider are the only parties to this Agreement. The city/location/venue where used is a third-party beneficiary of this Agreement and not a party to this Agreement. Without becoming a party to this Agreement, the City/Location/Venue may assert against the Driver/Rider any indemnification, release, assumption of risk, and other related provisions made by the Driver/Rider in favor of the City/Location/Venue under this Agreement. In the defense of any claim made against the City/Location/Venue, RYDABLES may assert, on behalf of the City/Location/Venue, any indemnification, release, assumption of risk, and/or other related obligations of the Driver/Rider made to the City/Location/Venue under this Agreement. The Driver/Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.
1.2. Driver/Rider is At Least 18 Years Old. Driver/Rider represents and certifies that Driver/Rider is at least 18 years old. (Refer to Section 16 for a complete description of the only four (4) approved riding arrangements).
1.3. Driver/Rider is a Competent Vehicle Operator. Driver/Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Driver/Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat, road and sidewalk conditions (including tracks or objects placed on the public right of way), or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4. Vehicle is the Exclusive Property of RYDABLES. Driver/Rider agrees that the Vehicle and any RYDABLES equipment attached thereto, at all times, remain the exclusive property of RYDABLES. You must not dismantle, write on, or otherwise modify, alter, tamper with, repair or deface a Vehicle, any part of a Vehicle, or other RYDABLES equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other RYDABLES equipment, for any advertising or other commercial purpose without the express written permission of RYDABLES.
1.5. Vehicle Operating Hours and Vehicle Availability. Driver/Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented within the maximum rental time limits set forth below. The number of Vehicles are limited, and Vehicle availability is never guaranteed.
1.6. Vehicle May be Used and/or Operated only in Acceptable Areas. Driver/Rider agrees to only use, operate, and/or ride the Vehicle in areas where it is safe and lawful to operate them in accordance with all state and local laws, rules and/or regulations. It is the responsibility of the Driver/Rider to be familiar with all state and local laws, rules, and/or regulations and to determine if it is legal and safe to use, operate, and/or ride the Vehicle in a particular area.
1.7. Driver/Rider Must Follow Laws, Rules, and/or Regulations Regarding Use and/or Operation of Vehicle. Driver/Rider agrees to follow all laws, rules, and/or regulations pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area/location/venue where You are operating the Vehicle, including any helmet or other protective equipment laws. Driver/Rider also agrees to act with courtesy and respect toward others while using the RYDABLES Services.
1.8. Prohibited Acts.
Driver/Rider agrees to the following:
1.8.1. RYDABLES recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, RYDABLES recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.
1.8.2. You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.
1.8.3. While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
1.8.4. You must not operate a Vehicle while under the influence of any alcohol, drugs (including medically prescribed marijuana or recreational marijuana), medication, or other substance that may impair Your ability to operate a Vehicle safely.
1.8.5. You must not carry, in your arms, a second person or child on a Vehicle. A second or third Child (up to age 12) must be able to sit up on their own and sit in front of the Driver (who is 18 years old or older). If unable to sit up on their own, the child must be held securely in a carrier and safely secured to the Driver (front or back). Please refer to Section 16 for a complete explanation of the only four (4) approved riding arrangements.
1.8.6. You may only use locking mechanisms provided by RYDABLES. You may not add another lock to the Vehicle or lock a Vehicle to anything.
1.8.7. The Vehicle must be parked at a lawful, approved parking spot, in an upright position with all four (4) wheels on the ground. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non‑public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of blocking any access.
1.8.8. The Vehicle must be parked in a space that is visible.
1.9. Vehicle is Intended for Only Limited Types of Use. Driver/Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Driver/Rider agrees that he/she will not operate and/or use the Vehicle on unmaintained roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Driver/Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance, or regulation.
1.10. Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle (350 pounds total).
1.11. No Tampering. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the RYDABLES Services other than as specified in this Agreement.
1.12. Reporting of Damage or Crashes. Driver/Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to RYDABLES as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Driver/Rider shall file a report with the local police department within 24 hours. Driver/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, including and related to, a stolen or lost Vehicle.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.
1.13. Driver/Rider Responsibility for Vehicle Use and Damage. Driver/Rider agrees to return the Vehicle to RYDABLES in the same condition in which it was rented, normal wear and tear excepted. Driver/Rider agrees to pay up to a maximum of Six Thousand Nine Hundred Ninety Five Dollars ($6,995) to replace the Vehicle should it be damaged, lost, or stolen. Damage to the Vehicle, including the covering (“Skin”), shall be determined at RYDABLES’ sole discretion.
1.14 Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery/batteries in order to operate. Driver/Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over time, distance and load), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety). The level of charging power in the Vehicle at the time Driver/Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors. It is the Driver/Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Driver/Rider may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during Driver/Rider’s rental of the Vehicle, including before reaching Driver/Rider’s desired destination.
1.15. Charging of Vehicle. If the Vehicle runs out of charging power during a rental, Driver/Rider shall conclude the ride in compliance with all terms of this Agreement. Alternatively, where available, in Driver/Rider’s sole discretion, Driver/Rider may charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. Driver/Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Driver/Rider is charging the Vehicle. Driver/Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that RYDABLES will not reimburse Driver/Rider for such.
Consistent with Section 1.15., Driver/Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to the use and charging of the Vehicle. By choosing to charge a Vehicle, Driver/Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Driver/Rider agrees that RYDABLES and all other Released Persons (as defined below in Section 15) are not responsible for any injury, damage, or cost caused by Driver/Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
- PAYMENT AND FEES.
2.1. Fees. Driver/Rider may use the Vehicle on a pay per ride basis or as otherwise offered in accordance with the pricing described in the RYDABLES mobile application. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by RYDABLES. RYDABLES will charge the Driver/Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.
2.2 Promo Codes. Any, if any, Promo codes (“Discounts”) are one-time offers and can be redeemed only via the RYDABLES mobile application. RYDABLES reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non‑transferable and may not be resold.
2.3 Maximum Rental Time and Charges. Maximum rental time is 24 hours. Driver/Rider agrees that Driver/Rider will deactivate the Vehicle rental within 24 hours of renting a Vehicle. Driver/Rider may then rent again. Driver/Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle. The maximum day charge is Seven Hundred Twenty Dollars ($720) and is based on a calendar day. After return of the Vehicle, Driver/Rider will be charged the accumulated rental charges, or the maximum day charge, whichever is less. Vehicles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and Driver/Rider may be charged up to Six Thousand Nine Hundred Ninety-Five Dollars ($6,995) and a police report may be filed. RYDABLES may also charge a service fee of Two Hundred Fifty Dollars ($250) for rentals in excess of 24 hours where the Vehicle is not lost or stolen.
2.4. Valid Credit Card or Debit Card. To be registered to use the RYDABLES Services, Driver/Rider must provide RYDABLES’ third-party payment processor with a valid credit or debit card number and expiration date. Driver/Rider represents and warrants to RYDABLES that Driver/Rider is authorized to use any credit or debit card Driver/Rider furnishes to RYDABLES. Driver/Rider authorizes RYDABLES to charge the card for all fees incurred by Driver/Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by RYDABLES. If Driver/Rider disputes any charge on Driver/Rider’s credit or debit card account, then Driver/Rider must contact RYDABLES within ten (10) business days from the end of the month with the disputed charge, and provide to RYDABLES all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. Driver/Rider agrees to immediately inform RYDABLES of all changes relating to the card.
2.5. Pick-Up Fees. If You are unable to return a Vehicle to a valid area (i.e., You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by RYDABLES staff, RYDABLES, at its sole discretion, may choose to charge You a pick‑up fee up to Two Hundred Fifty Dollars ($250). If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently $250) to recover the Vehicle. Fees are subject to change.
3.1. Safety Check. Before each use of a Vehicle, Driver/Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (v) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Driver/Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert RYDABLES of any problems.
3.2. Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours; (b) the Vehicle’s GPS unit is disabled; (c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non‑public space for more than ten minutes after a ride ends; (d) the Vehicle moves more than thirty feet after a rental has ended and RYDABLES believes such movement was not caused by another Driver/Rider or authorized third party; or (e) other facts and circumstances that suggest to RYDABLES in its reasonable, good faith determination that a Vehicle has been lost or stolen. RYDABLES and You agree that the last Driver/Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to RYDABLES in its reasonable, good faith determination. If RYDABLES deems a Vehicle lost or stolen, RYDABLES shall have the authority to take any and all actions it deems appropriate (with respect to the last Driver/Rider of a Vehicle or otherwise); including, without limitation, obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Driver/Rider agrees the data generated by RYDABLES’ computer is conclusive evidence of the period of use of a Vehicle by a Driver/Rider. Driver/Rider agrees to report Vehicle disappearance or theft to RYDABLES immediately or as soon as possible.
3.3. Helmets; Safety; Assumption of Risk. RYDABLES strongly recommends that all Driver/Riders wear a Snell, CPSC-, ANSI- or ASTM-approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. RYDABLES and all other Released Persons (defined below in Section 15) do not represent or warrant the quality or safety characteristics of any helmet. Driver/Rider agrees that none of the Released Persons is liable for any injury suffered by Driver/Rider while using any of the RYDABLES Services, whether or not Driver/Rider is wearing a helmet at the time of injury. Driver/Rider assumes all risk of not wearing a helmet or other protective gear. Driver/Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
3.4. Vehicle Routes. Driver/Rider agrees that RYDABLES and/or the City/Location/Venue where rented/used do not provide or maintain places to ride Vehicles, and that RYDABLES does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, paths and vehicle routes may become dangerous due to weather, traffic, or other hazards.
3.5. Limitations on Vehicle Rental. Driver/Rider agrees that RYDABLES is not a common carrier. Alternative means of public and private transportation are available to the general public and to Driver/Rider, individually, including public buses and rail service, taxis, and pedestrian paths. RYDABLES provides Vehicles 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 Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
3.6. Limitations on Availability of RYDABLES Services. RYDABLES does not guarantee that RYDABLES Services will be available at all times, as unforeseen events or other circumstances might prevent RYDABLES from providing the RYDABLES Services. Access to RYDABLES Services is also conditioned on the availability of Vehicles. RYDABLES does not represent or warrant the availability of any of RYDABLES Services or the availability of any Vehicle at any time. Driver/Rider agrees that RYDABLES may require Driver/Rider to return a Vehicle at any time.
4.1. Termination by RYDABLES; Survival. At any time and without Driver/Rider’s consent, RYDABLES may unilaterally terminate Driver/Rider’s right to use the RYDABLES Services, in RYDABLES’ sole discretion and without any notice or cause. Driver/Rider may terminate Driver/Rider’s use of the RYDABLES Services at any time; provided, however, that (i) no refund will be provided by RYDABLES; and (ii) Driver/Rider may still be charged any applicable additional fees in accordance with this Agreement. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the parties hereunder, including but not limited to the provisions relating to indemnity, disclaimer of warranties, and limitation of liability, shall so survive the completion of the performance, cancellation, or termination of this Agreement.
5.1. Confidentiality of Information; Privacy Policies. You understand and agree that all personal information that pertains to you, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Kiwi, Inc. dba Joyride and Stripe, Inc. dba Stripe in accordance with their respective privacy policies located at : https://joyride.city/privacy-policy-html/and https://stripe.com/us/privacy. You also agree to look solely to JoyRide and Stripe with respect to any matters concerning your personal information and any uses thereof in any way.
- LICENSE TO IMAGE AND LIKENESS.
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to RYDABLES and its affiliates, successors, and assigns to use at any time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the RYDABLES Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to RYDABLES and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the RYDABLES Services, at any time; (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes; and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as RYDABLES may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
RYDABLES may be contacted by emailing firstname.lastname@example.org or by mail at:
2125 E. 5th St., #110
Tempe, AZ 85281
- CHOICE OF LAW; DISPUTE RESOLUTION.
This 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. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney’s fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Ohio and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Columbus (Dublin), Ohio.
- BINDING ARBITRATION AND CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1. Initial Dispute Resolution. Driver/Rider Support is available via the RYDABLES mobile application to address any concerns you may have regarding your use of a Vehicle and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.
9.2. Binding Arbitration. If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of, or relating to use and rental of a Vehicle, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS or, alternatively, a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, RYDABLES will pay the additional cost. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
9.3. Location. The arbitration will take place in Columbus (Dublin), Ohio, or a mutually agreed upon location.
9.4. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RYDABLES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
9.5. Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
9.6. Right to Opt-Out. 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 the following address: 2125 E. 5th St., #110, Tempe, Arizona 85281. The notice must be sent within thirty (30) days of the effective date of this Agreement or your first use of RYDABLES Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, RYDABLES also will not be bound by them.
9.7. Changes to this Section. RYDABLES will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.
For any dispute not subject to arbitration, you and RYDABLES agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Columbus (Dublin), Ohio. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
- WAIVER AND SEVERABILITY.
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- CUMULATIVE REMEDIES.
All rights and remedies granted under or referred to in this 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.
- FINAL AGREEMENT; MODIFICATION BY RYDABLES.
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and without Driver/Rider’s consent, RYDABLES may unilaterally amend, modify, or change this Agreement, in its sole discretion except for Section 9. By continuing to use any of the RYDABLES Services after any amendment, modification, or change, Driver/Rider has agreed to be bound by all such amendments, modifications, and changes. Driver/Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, RYDABLES will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
- CONTRACT INTERPRETATION.
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
- VOLUNTARY EXECUTION OF THIS AGREEMENT.
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of RYDABLES. Driver/Rider acknowledges that he/she: (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
- WAIVER AND RELEASE OF CLAIMS; ASSUMPTION OF RISK; INDEMNITY; DISCLAIMERS.
FOR AND IN CONSIDERATION OF DRIVER/RIDER UTILIZING RYDABLES SERVICES, VEHICLES, AND OTHER EQUIPMENT OR RELATED INFORMATION PROVIDED BY RYDABLES, DRIVER/RIDER, FOR ITSELF AND ON BEHALF OF DRIVER/RIDER’S HEIRS, NEXT-OF-KIN, EXECUTORS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, AGREES TO FULLY RELEASE, INDEMNIFY, AND HOLD HARMLESS (i) RYDABLES AND ALL OF ITS OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, ATTORNEYS, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, (ii) THE CITY, LOCATION, AND/OR VENUE WHERE RENTING/USING RYDABLES AND ALL OF ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, AND CONTRACTORS, (iii) ANY OTHER MUNICIPALITY (INCLUDING ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND VOLUNTEERS) WITH WHICH RYDABLES HAS CONTRACTED WITH TO PROVIDE RYDABLES SERVICES, AND (iv) EVERY SPONSOR OF ANY OF THE RYDABLES SERVICES AND ALL OF THE SPONSOR’S OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PERSONS”) FROM ALL CLAIMS, DEMANDS, FINES, FEES, JUDGEMENTS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO DRIVER/RIDER OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHETHER OR NOT A LAWSUIT IS FILED, WHICH ARISE OUT OF OR IN CONNECTION, DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT OR RYDABLES SERVICES, INCLUDING ANY AND ALL CLAIMS RELATED TO THE SOLE OR PARTIAL NEGLIGENCE OF RELEASED PERSONS OR ANY OTHER PARTY. DRIVER/RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE RELEASED PERSONS WHICH DRIVER/RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RYDABLES SERVICES, AND EXPRESSLY WAIVES DRIVER/RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE DRIVER/RIDER’S UNKNOWN CLAIMS.
For the avoidance of doubt, the term “Claims” shall specifically include, but shall not be limited to, those claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty. IN NO EVENT WILL RYDABLES OR THE RELEASED PERSONS BE LIABLE FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR USE OF RYDABLES SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, LOSS OF USE, LOSS OF SAVINGS, OR LOSS OF REVENUE.
You acknowledge that there are risks associated with the use of RYDABLES Services, Vehicles, or related equipment that may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH and that such risks may include, but are not limited to: (i) vehicles and other objects; (ii) pedestrians; (iii) traffic; (iv) Vehicle or component malfunction, even if Vehicle is properly maintained; (v) road, path and sidewalk conditions (including tracks and other infrastructure related to any streetcar or other infrastructure or objects placed on the public right of way), stairs, curbs; (vi) weather conditions; (vii) failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7; (viii) commission of any of the prohibited acts listed in Section 1.8; (ix) failure to perform the required safety check pursuant to Section 3.1; (x) failure to wear a helmet or other protective equipment where required by law; and (xi) negligent acts or omissions by RYDABLES, any other Released Person, Driver/Rider, or third party. By using RYDABLES Services, You, on behalf of Yourself, Your personal representatives, heirs, successors, and assigns hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING RYDABLES SERVICES for any such injuries, losses, and/or damages, including those caused solely or in part by the negligence or omission of the Released Persons. DRIVER/RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS.
To the fullest extent permitted by law, You, Your heirs, and successors agree to defend, indemnify, and hold harmless the Released Persons from any and all claims, actions, damages, penalties, fines, demands, losses, liabilities, costs and expenses, injuries or payments for injury to any person or property caused or claimed to be caused by the active or passive negligence of any Released Persons, arising out of or in connection with (i) Your use of RYDABLES Services, (ii) Your breach or violation of any of these Terms or any applicable law, (iii) any of the Released Persons’ use of Your likeness discussed in Section 6, or (iv) Your violation of the rights of any third party. The Released Persons reserve the right to assume the exclusive defense of any claims or lawsuits, and You agree not to settle any of the foregoing without the applicable Released Persons’ prior written consent. You agree that the obligations in this Section 15 will survive any termination of this Agreement, Your account or Your access to RYDABLES Services generally.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS TO DRIVER/RIDER’S USE OF ANY OF THE RYDABLES SERVICES, VEHICLES, OR RELATED EQUIPMENT, RYDABLES AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (INCLUDING THOSE RELATED TO ROAD, PATH AND SIDEWALK CONDITIONS). ALL OF THE RYDABLES SERVICES, VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND DRIVER/RIDER RELIES ON THEM AT DRIVER/RIDER’S OWN RISK.
- DRIVER/RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions of this Agreement, and I acknowledge that Section 15 limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by applicable law. I represent and certify that I am familiar with the operation of the Vehicle and am reasonably competent and physically fit to ride the Vehicle.
I certify that:
- I am the Driver/Rider;
- I am 18 years old or over;
- I will wear a helmet or other protective equipment if required by applicable law;
- I will only ride a Vehicle with one of the FOUR (4) following approved riding arrangements;
- ONE (1) Adult (18+ yrs. old) per RYDABLE*, or;
- ONE (1) Teen (12 to 17 yrs. old) per RYDABLE* riding ALONE; and, MUST be accompanied by an Adult (18 yrs. old or older), or;
- ONE (1) Adult with ONE (1) Child (1 to 11 yrs. old) per RYDABLE*, or;
- ONE (1) Adult with TWO (2) Children (each being 1 to 11 yrs. old) per RYDABLE*;
* Not to exceed maximum weight capacity per RYDABLE of 350 lbs.
NOTE: NO other riding arrangement is permitted or allowed and will result in the immediate termination of your rental WITHOUT refund. Children under the age of 1 year are not permitted on the Vehicle.
- I will obey all traffic laws;
- I will NOT engage in ANY ‘horseplay’, roughhousing, trick or stunt riding and I will NOT
bump into another RYDABLE, person, or thing;
- I will ride at my own risk; and
- I have read and expressly agree to the terms and conditions set forth in this Agreement.
PARENT/GUARDIAN CONSENT AND RELEASE
In the event a child (1 to 11 years old) or teen (12 to 17 years old) utilizes the RYDABLES Services or rides on a Vehicle, a parent or legal guardian must complete the following Consent and Release for each child or teen participant.
This is to certify that I, as parent/guardian with legal responsibility for my minor participant, do consent and agree to his/ her release as provided above in the RYDABLES Rental Agreement, Waiver of Liability, Assumption of Risk and Release Agreement (“Agreement”), and, for myself, my child and our assigns, and next of kin, I release and agree to indemnify and hold harmless the Released Persons from any and all liabilities incident to my minor child’s involvement or participation in RYDABLES Services as provided in the Agreement, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PERSONS, to the fullest extent permitted by law. I agree that I will ensure that my child is secured while on the Vehicle and complies with all terms and conditions contained in the Agreement.