Go SCOOT E-SCOOTER RENTAL AGREEMENT & WAIVER (“AGREEMENT”)
Last updated: May 3, 2021
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE RENTING OR USING A SELF-PROPELLED
MICROMOLBILTY ELECTRIC SCOOTER (“E-SCOOTER”) FROM SCOOT RENTAL INC., LLC dba AS GO SCOOT RENTALS AN SALES IS REFERRED TO HEREIN AS “OPERATOR”.
THE OPERATOR REQUIRES THAT BY YOU (“RIDER”, “YOU”, OR “YOUR” AND ACTING FOR ALL RIDER’S FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVE, SUCCESSORS, AND ASSIGN) RENTING OR USING AN E-SCOOTER, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES AND LIMITATION OF LIABILITY (“AGREEMENT”) SET FORTH HEREIN. YOUR CONSENT IS EFFECTIVE IMMEDIATELY FOLLOWING YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITION OF USE SET FORTH IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO RENT OR USE AN E-SCOOTER FROM THE OPERATOR.
THE SERVICES PROVIDED BY THE OPERATOR INCLUDE, AMONG OTHER THINGS: (1) THE RENTAL AND / OR USE OF THE E-SCOOTERS, AND (2) ALL OTHER RELATED EQUIPMENT, SUPPORT, SERVICES, SOFTWARE APP, AND INFORAMTION PROVIDED OR MADE AVAILABLE BY OPERATOR (COLLECTIVELY, THE “SERVICES”).
IN ADDITION, USE OF SERVICE WILL ALSO REQUIRE COLLECTION OF PAYMENT FROM THE RIDER AND YOUTH RIDER (WITH OR WITHOUT A MOBILE DEVICE AND APP) USING THE OPERATOR’S PAYMENT PLATFORM SOFTWARE DEVELOPED, OWNED, AND OPERATED BY STRIPE (PAYMENT PROCESSOR). ALL FINANCIAL TRANSACTIONS WILL BE GOVERNED BY THE OPERATOR AND PAYMENT PROCESSOR.
HERE IS A PARTIAL LIST OF THE TERMS THAT OPERATOR WANTS TO BRING TO YOUR INITIAL ATTENTION IN THE EVENT YOU ARE ON SMARTPHONE OR OTHER DEVICES WITH A SMALL SCREEN. CAPITALIZED TERMS HAVE THE MEANINGS GIVEN TO THEM WHERE DEFINED IN THIS AGREEMENT.
TO RENT AN E-SCOOTER, YOU MUST BE ATLEAST: (i) 19 YEARS OF AGE; OR (ii) IF UNDER 19 YEARS OF AGE (16-18 years), ACCOMPANIED AND ASSISTED BY A CONSENTING ADULT - PARENT AND/OR LEGAL GUARDIAN, IN THE MANNER OUTLINED IN THE AGREEMENT.
BY RENTING OR USING AN E-SCOOTER, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH, HEREIN. YOUR CONSENT IS EFFECTIVE IMMEDIATELY FOLLOWING YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF USE SET FORTH IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO RENT OR USE AN E-SCOOTER FROM THE OPERATOR OR ITS AFFILIATES.
THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, WAIVERS, ASSUMPTION-OF-RISK PROVISIONS, AND BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR LEGAL RIGHT AND REMEDIES.
GO SCOOT - HOW IT WORKS
- Download GO SCOOT APP available on website: http: goscoot.ca
- Register and Accept Terms and Agreement
- Read Posted Safety Rules
- Using the APP, Scan the QR code on E-Scooter and Activate, rental period begins when the E-Scooter is activated or unlocked.
- All monetary charges will commence and end immediately upon activation and
- At completion of ride, return scooter to store location, and Deactivate E-Scooter. Note: rental period ends when E-Scooter is deactivated or locked at store location
- Return Helmet
Method of Payment
- Valid Credit
- A $200.00 Pre-authorization charge will be applied to your credit card prior to allowing the rider to operate the E-scooter.
1) Your E-Scooter rental period (“Rental Period”) begins when the E-Scooter is activated by your APP on your phone. You take the E-Scooter for a trip (“Trip”) and the Rental Period ends when the E-Scooter is returned to the store location or at a designated docking station (future).
- In the event a Rider requires assistance, he/she may contact the Operator in one or more of the following:
- Email: email@example.com;
- 1 888 6GO SCOOT
RIDE LOCATIONS AND BOUNDARIES
All Trips must begin and end at the store location, #6 – 1601 Bayshore Drive, Vancouver, BC V6G 2V4.
Trips cannot terminate outside of the designated Geo-Fence Area as outlined on the map in the APP and/or website.
The use of the E-Scooters is restricted within a specified and designated ride area or boundary (“Geo-Fence Area”). The Geo-fence is limited to Vancouver downtown, Stanley Park, Kitsilano Beach, False Creek, Sea-wall, Chinatown, and Gastown areas. Any Trip or travels beyond these areas the E-Scooter will slow down and then cease to operate until You retract or return back within the Geo-Fence area. All E-Scooters are monitored and can be seen on the APP. Refer in addition to Section 3.4.
Any E-Scooters left outside the Ge0-Fence area will be considered stolen with Applicable fees charged in accordance with Section 3.2.
The general basic fees for each use of an E-Scooter are:
- Activation Fee (Software Application User Fee and Segway Equipment User Fee) of $5.00;
- Free Helmet Rental (includes disposable hairnet, and After-Use cleaning Fee)
- E-Scooter Use of $0.50 per minute
- All fees will be processed by the Payment Processor (STRIPE). Refer to Section 2
- All fees above include General Sales Tax (GST). Additional Fee terms are outlined in Section 2.1
- You must end each ride on the APP at the completion of the ride within the store location (Parking Zone) or at an active docking station. If You fail to do so, You will continue to be The maximum charge for a single trip under such circumstance is $300.00 for an 8-hour day. Refer to Section 2.3 of Agreement.
- The Operator expressly agrees to let, and the Rider expressly agrees to take on, rental of the E-Scooter subject to terms and condition set out herein. Unless otherwise indicated, all monetary values set forth in this agreement shall be deemed to be denominated in Canadian dollars.
- Ride in designated E-Scooter routes, lanes on seawall and street. Provincial laws regarding use and operation of an E-Scooter on public roads or streets is permitted for personal use, Riders must be of a minimum of 16 years in age. Refer to Section 2.4
- Obey all Applicable signs, laws and regulations (including, without limitation, those Applicable to traffic, pedestrian, parking, E-Scooter lanes, sea-wall, and charging E- Scooters) must be obeyed.
- Respect and give right-of-way to others when riding an E-scooter and do not endanger pedestrians, pets, cyclist, motorist, and others when operating an E-scooter.
- Respect and do not damage private Any damage caused by the Rider will be the responsibility of the Rider.
- Helmet is mandatory when riding an E-Scooter. See Section 7
- Upon conclusion of Your ride, the E-Scooter must not be parked at a prohibited parking spot (i.e.: unauthorized private property, in a locked area, blocking the right of way, or in any other unapproved non-public space.
- You must promptly report any damaged or malfunctioning E-Scooters to the Operator via APP, email (firstname.lastname@example.org), or phone call 1(604) GO SCOOT or 1(604) 467-2668
1. GENERAL RENTAL AND USE OF E-SCOOTERS.
- Rider is Sole User. Operator and the Rider are the only parties to this Except as expressly permitted by the Operator: (a) The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein; (b) You understand that when You activate an E-Scooter, the E-Scooter must be used only by You; and (c) You must not allow others to use an E-Scooter that You have activated.
- Rider is At Least 19 Years Old. Rider represents and certifies that Rider is at least 19 years old. Riders between the age of 16-18 is considered a “Youth Rider’, and must be a minimum of 150cm in height. Either a Legal Guardian and/or Parent(s) for the Youth Rider, and including the Youth Rider, will both agree and abide by the Terms and Agreement set forth in this document and also waive any claims against and/or hold harmless the Operator.
- Rider is a Competent E-Scooter Operator. Rider represents and certifies that he/she is familiar with the operation of the E-Scooter, is reasonably competent and physically fit to ride the E-Scooter, and has reviewed the safety materials provided by Operator via the APP and/or other materials. By choosing to ride an E-Scooter, Rider assumes all responsibilities and risks for any injuries or medical You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate an E-Scooter. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
- E-Scooter is the Exclusive Property of Operator. Rider agrees that the E-Scooter and any Operator equipment attached thereto, at all times, remain the exclusive property of Operator and/or its lessors/licensors. You must not dismantle, write on, or otherwise modify, repair or deface an E-Scooter, any part of an E-Scooter, or other Operator equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on an E-Scooter in any way. You must not use an E-Scooter, or other Operator equipment, for any advertising or other commercial purpose without the express written permission of Operator.
- E-Scooter Operating Hours and E-Scooter Availability. Rider agrees and acknowledges that the E-Scooters may not be available 24 hours a day, 7 days/week, 365 days per year. E- Scooters rented from store location must be rented during operating hours and within the maximum rental time limits set forth below, and returned to the store location. Store hours may change depending on weather conditions – hours may be reduced due to rain or The number of E-Scooters are limited and E-Scooter availability is never guaranteed. Rider agrees that Operator may require Rider to return an E-Scooter at any time.
- Operating Area. Rider agrees not to use, operate, and/or ride the E-Scooter in any no-ride zone or outside permitted service (Geofenced) areas, and further agrees not to move or transport the E-Scooter except as expressly authorized by Operator. See additionally Ride Location and Boundaries. Refer additionally to Section 3.4
- Rider Must Follow Laws Regarding Use and/or Operation of E-Scooter. Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the E- Scooter, including all provincial and local laws and the rules and regulations pertaining to E- Scooters in the area where You are operating the E-Scooter, including mandatory helmet laws. Rider also agrees to act with courtesy and respect toward others (pedestrian, cyclist, animals, private property) while using the Services.
- Prohibited Acts. Rider agrees to the following:
- Riders while using an E-Scooter must use both hands to hold the handle bar firmly for stability and control.
- Operator recommends against operation of an E-Scooter while carrying or holding a briefcase, backpack, bag, or other item that can alter balance, add extra weight, or impair safe operation of the E-Scooter. If You choose to use such an item, You do so at your own peril; Operator recommends that You ensure the item fits snugly to Your body or is otherwise secured, and does not impede Your ability to operate the E-Scooter
- You must not place any objects on the handlebar of the E-Scooter, such as backpacks or
- While riding an E-Scooter, You must not use any cellular telephone, text messaging device, portable music player, headphones, air pods, or other device that may distract You from operating the E-Scooter safely.
- You must not operate an E-Scooter while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate an E-Scooter
- You must not carry a second person or child on an E-
- You may only use locking mechanisms provided by You may not add another lock to the E-Scooter or lock an E-Scooter other than in accordance with Operator’s instructions.
- The E-Scooter must not be parked at a prohibited parking The E-Scooter cannot be parked on unauthorized private property, in a locked area, blocking the right of way, or in any other unapproved non-public space. You should not park the E-Scooter in heavily traffic areas if the E-Scooter is in danger of being knocked down.
- The E-Scooter must be parked in a space that is visible, and in an upright position using the Some restaurants and retail may allow you to park E-Scooters within their premises. Rider should consult with the business.
- E-Scooter is Intended for Only Limited Types of Use. Rider agrees that he/she will not use the E-Scooter for racing, mountain riding, or stunt or trick Rider agrees that he/she will not operate and/or use the E-Scooter on unpaved roads, sand, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the E-Scooter for hire or reward, nor use it in violation of any law, ordinance or regulation.
- Weight and Cargo Limits. You must not exceed the maximum weight limit for the E- Scooter – approximately 250 pounds or 115 kilograms.
- No Tampering; No Unauthorized Use. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Services other than as specified in this
- Reporting of Damage or Crashes; Traffic Violations and Enforcement. Rider must report any accident, crash, damage, personal injury traffic violation, or stolen or lost E-Scooter to Operator as soon as possible. If a crash involves personal injury, property damage, or a stolen E-Scooter, Rider shall file a report with the local police department within 24 hours. 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 misuse, and a stolen or lost E-Scooter.
YOUR HOME AND AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS E-SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT. TO THE EXTENT YOU HAVE AUTOMOTIVE OR ANY OTHER INSURANCE THAT WOULD COVER ANY CLAIMS, YOU AGREE THAT SUCH INSURANCE WOULD BE PRIMARY AND NON-CONTRIBUTORY.
Rider agrees that traffic violations and related citations, fines or impound charges are at the risk and expense of the Rider, including in connection with improper or unauthorized parking at the end of the rental period. You shall be completely responsible, and indemnify the Operator, for all tickets and fees assessed against the E-Scooter or the Operator during your Rental Period or as a result of the location where you parked the E-Scooter. You are responsible for tickets and moving violations incurred during your rental Period including those resulting from your failure to wear a helmet. You agree to reimburse the Operator for any costs, expenses and attorney’s fees for processing, pursuing and/or defending any such claims. The Operator shall be given authorization by the Rider, User, holder of the Credit Card to claim cost of tickets or violation.
See Section 2.1 Credit Card Agreement.
Rider agrees and acknowledges that Operator may cooperate with law enforcement to provide any information necessary as they may request or may otherwise be required.
- Rider Responsibility for E-Scooter Use and Damage. Rider agrees to return the E-Scooter to Operator in the same condition in which it was rented. Operator reserves the right to charge You for damage to the E-Scooters caused by you or others (including any vandalism), water damage, or theft, up to the value of the E-Scooter ($3000) plus administrative and processing fees. Rider will not be responsible for normal wear and tear incurred in the ordinary use of the E-Scooter.
- Electric E-Scooter. The E-Scooter is an electric E-Scooter that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the E-Scooter safely and prudently in light of the E-Scooter being an electric E-Scooter and all of the limitations and requirements associated Rider understands and agrees with each of the following:
- The level of charge power remaining in the E-Scooter will decrease with use of the E- Scooter (over both time and distance), and that as the level of charge power of the E- Scooter decreases, the speed and other operational capabilities of the E-Scooter may decrease (or cease in their entirety).
- The level of charging power in the E-Scooter at the time Rider initiates the rental or operation of the E-Scooter is not guaranteed and will vary with each rental use.
- The rate of loss of charging power during the use of the E-Scooter is not guaranteed and will vary based on the E-Scooter, road conditions, weather conditions, outside temperature, and other factors.
- It is Rider’s responsibility to check the level of charge power in the E-Scooter and to ensure that it is adequate before initiating operation of the E-Scooter.
- The distance and/or time that Rider may operate the E-Scooter before it loses charging power is never guaranteed.
- The E-Scooter may run out of charging power and cease to operate at any time during the Rider’s rental of the E-Scooter, including before reaching Rider’s desired destination.
- No Charging of E-Scooter. If the E-Scooter runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement.
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 Rider charging or attempting to charge the E-Scooter. By choosing to charge an E-Scooter, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that Operator and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the E-Scooter itself, directly or indirectly related to the charging of the E-Scooter.
- Mobile Device Requirements and Active Internet Connection. Unless otherwise instructed by Operator in writing, to activate Services with the APP, You must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the APP. Certain functions of the APP, such as the possibility to register with the Technology Services Provider, to unlock, rent and end the rental of the E-Scooter require that the APP has an active network connection. You are responsible for the availability and costs of Your mobile data communication You are also responsible for ensuring that Your mobile device has adequate battery capacity. Neither Operator nor Technology Services Provider shall be responsible if You are unable to unlock, use or end the ride of the E-Scooter as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. You shall remain responsible for and Operator may charge You all costs (including rental fees) incurred until the ride is ended.
Group Rides. Operator and/or Technology Services Provider may permit You (“Host”) to activate multiple E-Scooters for rental.
- Host obligations. The Host shall be jointly and severally liable for compliance with all terms and conditions of this Rental Agreement by all guest riders and/or youth riders (“Guests”), for payment of all and other charges associated with such E-Scooters, and for all claims, injuries or other damage caused or suffered by Guests. Host acknowledges and agrees that each Guest shall personally read and agree to this Agreement and the APPlicable Privacy In addition, Host shall certify that it has read and agrees to this Agreement and acknowledges its responsibilities and certifies that:
- Host must be 19 years of age and older
- Host must be legal guardian and/or parent of all Youth Rider
- Youth Riders are 16 years of age or older
- Host assumes full responsibility for damages and injuries caused by Host or Guest(s)
- One rider per E-Scooter
- Host will pay for all of the rides using its account
- Host agrees to indemnify Operator, Technology Services Provider, and compensate any Guest for any bodily injuries
- Host has provided Guests with the opportunity to review this Agreement on its mobile
- Host agrees to be responsible for parking of all E-Scooters; fees incurred as a result of bad parking may be passed onto Host.
- Guest Prior to riding an E-Scooter as a Guest, Guest shall enter its email address in the APP and agree to all Applicable terms and conditions of this Agreement.
2. PAYMENT AND FEES.
- Credit Card. General – Except as otherwise provided in Section 2.1, you must provide the Operator a valid credit card number with expiration date (“Credit Card”) before being registered to use an E-Scooter. This Credit Card will be verified for its validity through a one- time $200 credit card verification or pre-authorization anytime the Credit Card is added to the account and prior to any applicable electronic payment process; the amount will be applied and immediately cancelled and/or refunded. Pre-paid credit cards are not considered a valid method of payment. By providing your Credit Card to the Operator, you represent and warrant to the Operator that you are authorized to use the Credit Card. You further authorize the Operator to charge the Credit Card for all cost (including Fees, expenses, tickets) incurred by You under this agreement, including loss or stolen under section 3.2, Damages under Section 1.13, and Violation under section 1.12 and 8.0, and all such cost are subject to all applicable taxes and other local government charges, which may be charged and collected by the operator. In the event your Credit Card is declined for any reason, the Operator may suspend your account and ability to use any E-Scooter until all of your prior charges are paid in full, and the Operator may also charge you a re-instatement fee of up to $30.00.
- Third Party Payment Processor. The Operator uses a third-party payment processing company called Stripe. In collecting payment, Stripe processes your credit card transactions and obtain personal information from you. Stripe provides some or all of the services from the systems located within United As such, your credit card data (“Card Data”) and personal information will be transferred, processed, and stored outside Canada on servers in the United States, and may be subject to disclosure as required by applicable law. Stripe may provide the Operator with information such as your name, credit card type, expiration date, and the last four digits of your Credit Card number. This information is only used to make single payment requests, or register the Rider for an ongoing use that require automatic payments in the future. For more information on Stripes payment processing and security practices, please visit https://stripe.com/ca/privacy and https://stripe.com/ca/terms#section_a . If you object to your personal information and/or Card Data being processed and stored in this manner, you cannot use the Operator’s E-Scooter rental service. By registering for the E- Scooter rental service pursuant to this agreement and providing valid payment, you expressly consent to the Operator’s use and disclosure of your personal information and Card Data in the manner described in this Agreement.
- Fees. Rider may use the E-Scooter in accordance with the pricing described in the APP, which may include a ride-start activation fee, helmet rental fee, fees based on time (with time rounded up to the nearest minute), and/or a required minimum fee. Pricing is subject to change. In each case, fees and other charges may include applicable taxes and other local government charges. You will be charged (through credit card, debit card, or another agreed payment method) the amount of the fees as described in this Agreement and the APP, including any recurring payment you choose. Rider agrees that Operator may, in its sole discretion, pay all traffic tickets, impound fees, fines and/or charges on Rider’s behalf directly to the appropriate authority or applicable party. If Operator is required to pay and/or process such fees or associated costs, Rider agrees that Operator may charge You for the amount paid plus a reasonable administration charge for dealing with these matters; You will be provided notice of any such costs or fees. In the event Operator uses a third-party collection and/or administrative agent to resolve any tickets, damages, infringements of law or of this Agreement, fines, and/or penalties, Rider agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
2.4 Referral and/or Promotional Codes.
Operator may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on Services or other features or benefits provided by Operator, subject to any additional terms that Operator establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by Operator;
(iii) may be disabled by Operator at any time for any reason without liability to Operator; (iv) may only be used pursuant to the specific terms that Operator establishes for such Promo Code (and to the extent applicable, the Technology Services Provider); (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. Operator reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that it determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
- Maximum Rental Time and Charges. Rider agrees that Rider will deactivate the E- Scooter rental within the store operating hours or at a docking station before midnight (12am) hours when renting an E-Scooter. Rider may then rent again during operating hours of the store or at 6am after adequate charging Rider agrees that he/she is solely responsible for being aware of the length of any elapsed ride time and operating hours of the store. After return of the E-Scooter to the store, Rider will be charged the accumulated rental charges. Rental time will be calculated from the moment of unlocking the E-Scooter through the APP until the Rider receives the confirmation through the APP that the ride has been ended within the store geofenced area. If You end the ride incorrectly, this may result in the ride not being terminated. If the ride is not ended properly, the ride will continue and the Rider will continue to be charged. If you have technical issues terminating a ride for any reason, You should report this through the APP immediately or request assistance from the Operator at the store location. Failure to report an issue in terminating a ride may result in continued charges. E-Scooters not returned (with the ride concluded) within 48 hours will be considered lost or stolen, and Rider may be charged up to the value of the E-Scooter plus administrative and processing fees. Operator may also charge additional service fees for rentals in excess of 24 hours where the E-Scooter is not lost or stolen.
- Valid Payment Method. To be registered to use the Services, Rider must provide a valid credit card, its number, and expiration date or other valid payment method information. Rider represents and warrants to Operator that Rider is authorized to use any credit, debit or other payment method information Rider furnishes to By providing your payment method, You agree that Operator is authorized (through the Technology Services Provider and/or any third party payment providers) to charge You for your ride and any other fees incurred by Rider under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes. When you provide a payment method or in accordance with Operator policies, our system will attempt to verify the information you entered. We may do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If Your payment method expires and You do not update your information or cancel your account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. If Rider disputes any charge on Rider’s payment method, then Rider must contact Operator within 10 business days from the end of the month with the disputed charge, and provide to Operator 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. Rider agrees to immediately inform Operator of all changes relating to the payment method. If You have agreed to make automatic or recurring payments, such payments will continue until You cancel or Your account is terminated. You can cancel by following the instructions on the APP. If You cancel, You may use any remaining balance on your account but may not be able to continue using Services until You have reauthorized an applicable payment method. Operator may continue to charge your payment method for any additional fees or charges incurred under this Agreement.
- Pick Up Fees. If You are unable to return an E-Scooter to a valid area (i.e. You deactivate the E-Scooter on private property, a locked community, or another unreachable area), and request that the E-Scooter be picked up by Operator staff, Operator, at its sole discretion, may charge You a pick-up fee of $150.00. If any E-Scooter accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the E-Scooter is recovered and deactivated, plus a service charge to recover the E-Scooter. Fees are subject to
- Rental of Multiple E-Scooters. Subject to an update on the APP, a Rider over the age of 19 who is registered and has agreed to the Terms and Agreement, may rent up to three (3) additional E-Scooters at the same time on a separate written agreement for his/her guest that do not possess a device (Smartphone) to obtain the APP. If a registered Rider elects to rent multiple E-Scooters at the same time, such Rider (referred to as the “Primary or Main Rider” for the purposes of this Section 2.8) agrees to rent the first E-Scooter for the Primary Rider's own use through the APP and to make subsequent E-Scooters available to additional users (each, an “Additional User”) under a separate supplementary Agreement. Prior to riding, each Additional User must review and accept this Agreement, except such requirements outlined herein to create an Account. The Primary Rider further acknowledges and agrees that:
- The Primary Rider shall be responsible for each E-Scooter rented under the Primary Rider's Account;
- that each Additional User is at least 16 years of age;
- the Primary Rider must ensure that each Additional User reads and complies with this Agreement, except such requirements outlined herein to create an Account; and
- the Primary Rider is fully and completely responsible and liable for all Claims (as defined in Section 12, below) arising from or related to all Additional User(s)’ use(s) of a E- Scooter/E-Scooters. Riders 19 years and older: This Agreement applies to all Additional Users who are at least 19 years of age. Each such Additional Users will be deemed to be a “Rider” under this Agreement, with the exception that such Additional Users will not need to set up their own Account, and it is the responsibility of each Rider, including Additional Users, to read and comply with this Agreement, including, without limitation, in respect of Section 5 (Release and Limitation of Liability), Section 6 (Assumptions of Risks Disclaimer) and Section 8 (Indemnification). Any liability of an Additional User under these and other sections of this Agreement will be joint and several with the Main Rider whose Account was used to rent a E-Scooter. Use of any the Operator Equipment will be deemed to be acceptance of the terms of this Agreement.
Riders under the age of 19: In the event that the Primary Rider is renting multiple E-Scooters and one or more of the Additional User(s) is under 19 years of age, the Primary Rider agrees to the following:
YOU HEREBY AFFIRM THAT:
- YOU ARE THE PARENT OR LEGAL GUARDIAN OF EACH ADDITIONAL USER(S) WHO IS UNDER 19 YEARS OF AGE;
- YOU ARE AT LEAST 19 YEARS OF AGE AND EACH ADDITIONAL USER OF A E-SCOOTER IS:
- AT LEAST 16 YEARS OF AGE; AND (ii) AT LEAST 150 CM IN HEIGHT;
- YOU HAVE THE LEGAL AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT;
- YOU HAVE ENSURED THAT EACH ADDITIONAL USER WHO IS UNDER 19 YEARS OF AGE HAS READ AND UNDERSTOOD THIS AGREEMENT AND THAT, IF NECESSARY, YOU HAVE EXPLAINED THE TERMS OF THIS AGREEMENT TO SUCH ADDITIONAL USER(S);
- YOU ARE AGREEING TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, SECTION
2.11 (RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF E-SCOOTER USE), SECTION 12(RELEASE AND LIMITATION OF LIABILITY), SECTION 13 (ASSUMPTIONS OF RISKS DISCLAIMER) AND SECTION 15 (INDEMNIFICATION) ON BEHALF OF EACH SUCH ADDITIONAL USER;
- YOU AUTHORIZE THE USE OF YOUR ACCOUNT FOR E-SCOOTER RENTAL SERVICES BY EACH SUCH ADDITIONAL USER IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING THE RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF E-SCOOTER USE OUTLINED FOR RIDERS IN SECTION 11 WHICH APPLIES TO EACH ADDITIONAL USER; AND
- YOU ARE RESPONSIBLE FOR EACH ADDITIONAL USER’S COMPLIANCE WITH THE
APPLICABLE PROVISIONS OF THIS AGREEMENT, INCLUDING ALL SECTIONS.
- RIDERS AGED 16 TO 18. A parent or legal guardian of a Rider that is at least sixteen (16) years old but less than nineteen (19) years old (a “Youth Rider” for the purposes of this section 2.9), may Rent for the Youth Rider, but by paying separately for such Youth Rider, the parent or legal guardian is hereby responsible for all the duties and responsibilities set out in this Agreement of such Youth Rider.
In addition, THE PARENT OR LEGAL GUARDIAN HEREBY AFFIRMS THAT:
- YOU ARE THE PARENT OR LEGAL GUARDIAN OF THE YOUTH RIDER;
- YOU ARE AT LEAST 19 YEARS OF AGE AND THE YOUTH RIDER IS AT LEAST 150 CM IN HEIGHT;
- YOU HAVE THE LEGAL AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT;
- YOU HAVE ENSURED THAT THE YOUTH RIDER HAS READ AND UNDERSTOOD THIS AGREEMENT AND THAT, IF NECESSARY, YOU HAVE EXPLAINED THE TERMS OF THIS AGREEMENT TO SUCH YOUTH RIDER;
- YOU ARE AGREEING TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, SECTION
2.11 (RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF E-SCOOTER USE), SECTION 12 (RELEASE AND LIMITATION OF LIABILITY), SECTION 13 (ASSUMPTIONS OF RISKS DISCLAIMER) AND SECTION 15 (INDEMNIFICATION) ON BEHALF OF THE YOUTH RIDER;
- YOU AUTHORIZE THE USE OF YOUR ACCOUNT and NAME FOR E-SCOOTER RENTAL SERVICES BY THE YOUTH RIDER IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING THE RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF E-SCOOTERE USE OUTLINED FOR RIDERS IN SECTION 3 WHICH APPLY TO EACH YOUTH RIDER; AND
- YOU ARE RESPONSIBLE FOR THE YOUTH RIDER’S COMPLIANCE WITH THE APPLICABLE
PROVISIONS OF THIS AGREEMENT, INCLUDING ALL SECTIONS.
2.10 ACCOUNT SUSPENSIONS
The Operator reserves the right to suspend or cancel your Rider Account or Trip without notice if you breach any provision of this Agreement. If your Account is suspended, you may be charged a reinstatement fee of up to $30 to reactivate your Account once a resolution has been reached.
RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF E-SCOOTER USE
- Representation and As a condition precedent to the Operator’s agreement to allow you to rent an E-Scooter, you represent and warrant to the Operator that:
- You are at least 16 years of age;
- You (or your parent or legal guardian if section 2.9 applies) are the legal holder of and named on the Credit Card used to rent an E-Scooter in accordance with the terms of this Agreement;
- You are experienced and familiar with the safe and competent operation of the E- Scooter, and you are physically and mentally fit to ride the E-Scooter;
- You are familiar with all applicable rules, regulations, codes and laws that relate to the safe and legal operation of a E-Scooter; and
- You will wear a helmet at all times that you are in motion on the E-
- Acknowledgement and As a condition precedent to the Operator’s agreement to allow you to rent an E-Scooter, you acknowledge and agree as follows:
- You are fully aware that riding an E-Scooter on streets poses a risk of accident due to motorists, pedestrians, and road conditions, and you must be aware and keep a proper lookout to avoid such accidents;
- You are fully trained and capable of operating and riding an E-Scooter and are not relying in any way on the Operator to learn how to operate or ride an E-Scooter;
- Failure to use a helmet or to use and operate the E-Scooter in a careful and reasonably competent manner may result in bodily injury or death to you and others, for which you accept full responsibility;
- You are solely responsible for obtaining and using a helmet and proper clothing and shoes;
- You are required to wear a helmet pursuant to the law of the Province of British Columbia;
- A helmet, even when used, does not eliminate the risk of bodily injury in the event of an accident;
- You are solely responsible for operating and riding an E-Scooter in a careful and reasonably competent manner;
- All E-Scooters are and shall remain the exclusive property of the Operator at all times;
- You are solely responsible for any moving violations and fines incurred by you while using the E-Scooter, including any fees for parking the E-Scooter in prohibited locations or for riding without wearing a helmet;
- The Operator is not obligated to provide insurance of any kind related to you or your use of the E-Scooter, and in the event that the Operator, at its option, carries insurance, you shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and expenses of any kind whatsoever;
- If you cause any damage to property or injury to another party while operating or in possession of the E-Scooter, you are solely liable for all such damage or injury;
- You shall return the E-Scooter to the Operator in the same condition as when received;
- You are liable for any and all damages resulting from improper use or abuse of the E- Scooter and the full cost of such damages; and
- The Operator provides E-Scooters as a service, and such rental availability is intended to be used only by those persons who are able and qualified to operate an E-Scooter on their own and who have agreed to all terms and conditions of this Agreement.
- Restricted Uses. You shall not do any of the following at any time (“Restricted Uses”):
- use any E-Scooter if you are not wearing a helmet;
- allow anyone who is younger than 19 years of age to use a E-Scooter, except in accordance with section 2.8 or section 2.9;
- use any E-Scooter if you have any existing physical or mental condition that would prevent you from safely operating the E-Scooter;
- operate a E-Scooter while carrying any item that impedes your ability to safely operate the E-Scooter;
- operate a E-Scooter while under the influence of alcohol, drugs, or any other substance that impairs your ability to safely operate the E-Scooter;
- use any cell phone or electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts you, or has the potential to distract you, from the safe operation of the E-Scooter;
- allow any other person to use the E-Scooter at the same time as yourself, or allow more than one person to be carried on the E-Scooter at any time;
- hanging items (bags, backpack, ) on E-Scooter or its handlebars;
- violate any applicable law or legal requirement while using a E-Scooter;
- operate or use a E-Scooter in any manner during adverse weather conditions, including but not limited to: hail, snow, dust storms, fog, heavy rains, or lightning storms;
- ride or operate a E-Scooter that has any defect, fails to operate as a properly functioning E-Scooter, or that is in need of repair;
- continue using the E-Scooter if it, or any component of it, should become defective or malfunction;
- use the E-Scooter for racing (two or more riders competing to arrive at a particular location first), trick riding, jumping, stunt riding and/or, off-road riding;
- use the E-Scooter for any commercial purposes;
- tow, pull, carry or push any person or object with a E-Scooter;
- remove, modify, or add any accessories, parts or components of any E-Scooter; and
- ride the E-Scooter without paying applicable user fees at the time they become
- Safety Check. Before each use of an E-Scooter, Rider shall conduct a basic safety inspection of the E-Scooter, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of the throttle, all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the E-Scooter if there are any noticeable issues, and to immediately notify customer service to alert Operator of any problems.
- Lost or Stolen E-Scooter. An E-Scooter may be deemed lost or stolen if (a) the E-Scooter is not returned within 24 consecutive hours, (b) the E-Scooter’s GPS unit is disabled, (c) the E- Scooter 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 E-Scooter moves more than thirty feet after a rental has ended and Operator believes such movement was not caused by another Rider or authorized third party, or (e) other facts and circumstances that suggest to Operator in its reasonable, good faith determination that an E-Scooter has been lost or stolen. Operator and You agree that the last Rider of an E-Scooter shall be responsible for a lost or stolen E- Scooter unless facts and circumstances suggest otherwise to Operator in its reasonable, good faith determination. If Operator deems an E-Scooter lost or stolen, Operator shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of an E- Scooter or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by Operator’s systems (including those provided by LATTIS) is conclusive evidence of the period of use of an E-Scooter by a Rider. Rider agrees to report E-Scooter disappearance or theft to Operator immediately or as soon as The replacement cost of the E-Scooter is $3000.oo plus applicable taxes and will be debited from the Riders Credit card.
- Helmets; Safety. Riders shall comply with all applicable helmet laws and regulations. Operator recommends that all Riders wear a helmet appropriate standards (SNELL, CPSC, ANSI or ASTM approved, or meeting Provincial or Federal Motor E-Scooter Safety Standard No. 218 (49 C.F.R. Sec. 571.218), as applicable) that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Helmets provided by the Operator meet CE/CPSC standards. Operator and all other Operator Parties (defined below in Section 12) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the Services, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
- E-Scooter Routes. Rider agrees that Operator does not provide or maintain places to ride E-Scooters, and that Operator does not guarantee that there will always be a safe place to ride an E-Scooter. Roads, sidewalks, E-Scooter lanes, and E-Scooter routes may become dangerous due to weather, traffic, or other hazards. E-Scooters shall not be ridden on rough terrain including grass or sandy areas.
New provincial laws have allowed specific municipality or city to develop by-laws for the use, operation, and governance of E-Scooters on public streets and/or roads. E-Scooters on public roads can be operated by Riders with a minimum age of 16.
- Limitations on E-Scooter Rental. Rider agrees that Operator is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Operator provides E-Scooters only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate an E-Scooter on their own and who have agreed to all terms and conditions of this Agreement.
At any time and from time to time, and without Rider’s consent, Operator may unilaterally terminate Rider’s right to use the Services, in Operator’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Services at any time; provided, however, that
(i) no refund will be provided by Operator, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Services, regardless of how the Agreement is terminated.
- 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 Operator and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the 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 Operator 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 Services, at any time and from time to 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 Operator 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.
- Notice. Operator may be contacted by emailing email@example.com or my mail to #6 – 1601 Bayshore Drive, Vancouver, BC Canada V6G 2V4
- You shall be completely responsible, and shall indemnify the Operator, for all tickets and fees assessed against the E-Scooter or the Operator during your Rental Period or as a result of the location where you parked the E-Scooter. You are responsible for all tickets and moving violations incurred during the Rental Period including those resulting from your failure to wear a helmet. You agree to reimburse the Operator for any costs, expenses and attorney’s fees for processing, pursuing and/or defending any such claims.
- Final Agreement; Modification by Operator. 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. Operator reserves the right, at its sole discretion, to modify or replace this Agreement at any time. The most current version of this Agreement will be posted on Operator’s website. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to this Agreement, in Operator’s sole discretion, is material, Operator will notify you by contacting you through the email address associated with your account or via the APP. Use of the Services by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified. Pricing terms set forth on the Website or APP supersedes all pricing set forth in this Agreement.
- Contract Interpretation. The headings in this Agreement do not affect the interpretation of this “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 Operator. 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.
12. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for Rider being allowed to use Services, E-Scooters, and other equipment or related information provided by Operator, Rider agrees to fully release, indemnify, and hold harmless Operator, Technology Services Provider and all of its and their owners, managers, affiliates, employees, contractors, fleet management service providers, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which Rider utilizes Services, and every property owner or operator with whom Operator has contracted to operate Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “OPERATOR PARTIES”) from any liability and all claims, demands, disputes, losses, debts, liens, charges, penalties, proceedings, causes of Action and damages, including personal injury to rider or to third parties (Collectively, for all “CLAIMS”) arising out of or in any way related to Rider’s use of the Services, E-Scooters, APP, Websites, social media, including any and all claims related to the sole or partial negligence of operator, the operator parties or any other party, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Operator Parties gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims.
THE RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE OPERATOR PARTIES WHICH THE RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING AN E-SCOOTER, AND EXPRESSLY WAIVES ALL OF THE RIDER'S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE THE RIDER'S UNKNOWN CLAIMS.
“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 attorney’s fees, whether incurred at trial, on Appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, 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 E-Scooters, placement, equipment, maintenance, related information, APP, this Agreement or (b) Rider’s use of any of the foregoing.
To the fullest extent permitted by law, and as to Rider’s use of any of the Services, E-Scooters, APP, or related equipment, Operator 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, E-Scooters, APP, and related equipment are provided “as is” and “as available,” and Rider relies on them at Rider’s own risk.
Rider is aware that Rider’s use of any of the Services, E-Scooters, APP, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
- E-Scooters and other objects;
- E-Scooter or component malfunction;
- road conditions;
- weather conditions;
- failure to follow applicable laws regarding use and/or operation of the E-Scooter pursuant to Section 1.7;
- commission of any of the prohibited acts listed in Section8;
- failure to perform the required safety check pursuant to Section 1;
- failure to wear a helmet where required by law; and
- negligent acts or omissions by Operator, any other Released Person, Rider, or third
Rider is solely and fully responsible for the safe operation of E-Scooter at all times. Rider agrees that E-Scooters are machines that may malfunction, even if the E-Scooter is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Operator, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of Services, and expressly waives Rider’s rights under any statutes that purport to preserve Rider’s unknown claims.
13. ASSUMPTIONS OF RISKS; DISCLAIMER.
THE RIDER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT THE RIDER’S RENTAL AND USE OF THE E-SCOOTER IS AT HIS/HER OWN RISK. THE RIDER ACCEPTS THE E-SCOOTER FOR USE AFTER EXERCISING HIS/HER OWN FREE CHOICE TO PARTICIPATE VOLUNTARILY IN THIS ACTIVITY AND AFTER HAVING INSPECTED THE E-SCOOTER AND CERTIFYING THAT IS IN GOOD OPERATING CONDITION. THE RIDER UNDERSTANDS THAT E- SCOOTING MAY BE A HAZARDOUS ACTIVITY. THE RIDER ACKNOWLEDGES, UNDERSTANDS AND ASSUMES ALL RISK RELATING TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE E- SCOOTERS, AND THE OPERATOR WEBSITE AND UNDERSTANDS THAT E-SCOOTING
INVOLVES RISK TO THE RIDER AND OTHERS INCLUDING DAMAGES, BODILY INJURY,
PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO THE RIDER OR OTHERS, AND THAT THE RIDER HAS FULL KNOWLEDGE OF SAID RISKS AND DANGERS, INCLUDING SUCH RISKS, DAMAGES AND INJURIES THAT MAY ARISE FROM THE NEGLIGENCE OF OTHERS OR AS A RESULT OF ROADWAY CONDITIONS. ALL E-SCOOTERS AND OTHER OPERATOR EQUIPMENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. OPERATOR AND THE OPERATOR PARTIES HEREBY DISCLAIM ANY CLAIM IN TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY).
IN NO EVENT WILL THE RIDER CLAIM THAT THE OPERATOR, OR ANY OF THE OPERATOR PARTIES INDIVIDUALLY OR COLLECTIVELY, FAILED TO ADEQUATELY TRAIN THE RIDER, OR PROVIDE THE RIDER WITH ADEQUATE INSTRUCTIONS NECESSARY TO RIDE THE E- SCOOTER IN THE SAME MANNER AS A PERSON WHO IS AN EXPERIENCED E-SCOOTER RIDER WHO HAS BEEN TRAINED TO RIDE AN E-SCOOTER IN A SAFE AND CAREFUL MANNER.
14. DISPUTE RESOLUTION
The Rider agrees that the Operator, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, the Rider’s use of the Operator’s Equipment, including, without limitation, E-Scooters, and/or the Operator website, to final and binding arbitration under the rules of procedure of the British Columbia International Commercial Arbitration Centre by one or more arbitrators appointed in accordance with the said rules. In the event that the Operator submits such dispute to arbitration, then such arbitration shall be mandatory and binding on the parties. Such proceeding shall be held in the City of Vancouver. All arbitration proceedings will be conducted in the English language.
SHOULD THE OPERATOR NOT ELECT TO SUBMIT ANY DISPUTE OR CLAIM TO ARBITRATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR AND THE RIDER EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR THE RIDER’S USE OF THE OPERATOR’S EQUIPMENT, INCLUDING, WITHOUT LIMITATION, E-SCOOTERS, AND/OR THE OPERATOR WEBSITE.
15. INDEMNIFICATION: The Rider shall indemnify, defend and hold harmless the Operator, the Operator Parties, landlord, from and against any and all claims related to or arising out of this Agreement, including, but not limited to the Rider’s breach of any representation, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the E-Scooter, the locks, docking stations, APP, Instagram, Facebook, and/or the Operator website, even where caused in whole or in part by the Operator’s negligence of others, whether presently known or unknown. At the Operator’s option, the rider will assume control defense and settlement of any claim subject to indemnification by the Rider (provided that, in such event, the Operator may at any time elect to take over control of the defense and settlement of any such claim). In no event may a Rider settle any claim without the Operator’s prior written consent.
The Operator may assign its rights and duties under this Agreement in its sole discretion to any party at any time without notice to the Rider.
17. NO WAIVER
The Operator’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by the Operator shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
18. ENTIRE AGREEMENT
This Agreement constitutes the final and entire Agreement between the Operator and the Rider and prevails over any prior or contemporaneous, conflicting or additional communications and agreements that pertain to the matter of this Agreement, unless otherwise agreed to by the Parties in writing. The Operator shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on www.goscoot.ca, and such changes shall apply to all future use of E- Scooters after the date of such changes. Riders shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use and/or operation of the E- Scooter by the Rider following any modifications to this Agreement constitutes the Rider’s acceptance of the terms and conditions as modified.
- RIDER ACCEPTANCE OF AGREEMENT
AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW. I REPRESENT AND CERTIFY THAT I AM FAMILIAR WITH THE OPERATION OF THE E-SCOOTER, AND AM REASONABLY COMPETENT AND PHYSICALLY FIT TO RIDE THE E-SCOOTER.