THIS RENTAL AGREEMENT CONTAINS RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. YOU SHOULD READ THIS RENTAL AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.
- SECTION 1 MEMBERSHIP FEES
- SECTION 2 LONG-TERM MEMBERSHIPS
- SECTION 3 CASUAL MEMBERSHIPS
- SECTION 4 USAGE FEES
- SECTION 5 LOST OR DAMAGED BICYCLES; KEY; ADDITIONAL FEES
- SECTION 6 CREDIT AND DEBIT CARD MATTERS
- SECTION 7 PROHIBITED ACTS
- SECTION 10 BICYCLE SAFETY INSPECTION
- SECTION 11 ACTIVATION OF SYSTEM KEY
- SECTION 12 REMOVING BICYCLE BY MEMBER
- SECTION 13 RETURNING BICYCLE
- SECTION 14 OBTAINING RECEIPT
- SECTION 15 HELMETS; SAFETY
- SECTION 17 LIMITATIONS ON AVAILABILITY OF SERVICES
- SECTION 18 TERM AND TERMINATION
- SECTION 19 NOTICES
- SECTION 20 MANDATORY ARBITRATION; CLASS ACTION WAIVER
- SECTION 21 WAIVERS
- SECTION 23 CUMULATIVE REMEDIES
- SECTION 24 FINAL AGREEMENT; MODIFICATION BY MOTIVATE
- SECTION 25 Severability
In consideration of Your use of any of the Capital Bikeshare Services (defined below), Motivate International Inc. ("Motivate") requires that You ("Member", "You", or "Your") agree to all terms and conditions in this Rental Agreement. The "Services" provided by Motivate are composed of several elements, including (1) Capital Bikeshare bicycle stations ("Stations"), (2) automated kiosks ("Kiosks"), (3) separate stands that allow the docking of Capital Bikeshare bicycles ("Bike Docks"), (4) Capital Bikeshare bicycles, and (5) all related equipment, personnel, and information.
I. FEES. Back to top
SECTION 1 MEMBERSHIP FEES. Back to top
You may purchase either a long-term or a casual membership to use the Services (each a "Membership"). When you enroll as a Member, You agree to be charged the applicable membership fee set forth in this SECTION 1 plus any hourly fees set forth in SECTION 4 that You incur.
There are three long-term Membership options: one-year, 30-day, or Day Key. Long-term Memberships are $85 for a one-year Membership (or $96 if paid for in monthly installments with a one-year commitment); $28 for a 30-day Membership; and $10 for a Day Key Membership plus $7 for each one-day membership activated under a Day Key Membership. All long-term membership prices are inclusive of taxes.
There are three casual Membership options: 24-hour, 3-day, and single trip fare. Casual Memberships are $8 for a 24-hour Membership, $17 for a 3-day Membership or $2 for a single trip fare Membership, plus additional hourly charges pursuant to the rates set forth in SECTION 7. All casual membership prices are inclusive of taxes.
SECTION 2 LONG-TERM MEMBERSHIPS. Back to top
To purchase a long-term Membership, You must complete a registration form and create an account ("Account") at www.capitalbikeshare.com ("Website"). After your purchase is complete, Motivate will mail a system key to the mailing address You provide, unless you retrieve your system key from a system key dispenser. For keys received by mail, You must activate the system key on the Website, under the "Member Login" heading before using the Service for the first time. A Membership becomes valid and active once the system key is activated on the Website. A Day Key member's system key will activate a one-day membership each day it is used. Keys retrieved from a key dispenser will be automatically activated.
SECTION 3 CASUAL MEMBERSHIPS. Back to top
If You purchase a 24-hour, 3-day or single trip fare casual Membership then You may rent a second bike using the same credit card. When You sign up for a casual Membership, Motivate place a $.01 security hold on your credit or debit card to ensure the card is valid, and that amount may remain on the Your credit or debit card for an amount of time to be determined by Your bank's policies regarding holds. This hold will be placed on Your credit or debit card for each bike rented.
SECTION 4 USAGE FEES. Back to top
Your Ride Time will be calculated beginning when You unlock and remove a Capital Bikeshare bicycle from a Bike Dock. If You return the Capital Bikeshare bicycle to a Bike Dock within 30 minutes, no usage fee will be charged. If You do not return the Capital Bikeshare bicycle to a Bike Dock within 30 minutes, You will be charged the usage fees set forth in the chart below, which may be subject to applicable sales taxes and other local government charges. After returning a Capital Bikeshare bicycle to a Bike Dock, You may rent another Capital Bikeshare bicycle, but only after waiting 15 seconds.
On the 10th day of each month, the total amount of all of Your usage fees will be charged to Your Account and charged against Your acceptable credit or debit card, unless You have purchased a Day Key or casual Membership, in which case Your usage fees will be charged against Your acceptable credit or debit card at the end of each activated Membership. If you are a long-term Member, You may access a statement of Your trip history and associated charges at any time by logging into Your Account profile page on the Website. If You have any dispute regarding a chargeable trip, then You must, within 10 business days from the end of the prior month with the disputed charge, provide to Motivate 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. Your trip receipt, if any, indicating the date and time Your Capital Bikeshare bicycle was returned would be additional proof that the Capital Bikeshare bicycle had been properly returned. You are encouraged to maintain all trip receipts.
|RIDE TIME||Total Usage Fees |
for Long-Term Memberships
(one-year, 30-day, Day Key)
|RIDE TIME||Total Usage Fees|
for Casual Memberships
(24-hour and 3-day and Single Trip)
SECTION 5 LOST OR DAMAGED BICYCLES; KEY; ADDITIONAL FEES. Back to top
The data generated by the Services' computer is conclusive evidence of the period of Your use of a Capital Bikeshare bicycle. Your use of the Services is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the Capital Bikeshare bicycle, until the Capital Bikeshare bicycle is found or returned to a Bike Dock. If the Capital Bikeshare bicycle is not returned to a Bike Dock within a period of 24 consecutive hours, then the Capital Bikeshare bicycle is deemed lost or stolen and Your credit or debit card will be charged a lost bike fee of up to $1,200, and a police report may be filed by Motivate with local authorities. You must return the Capital Bikeshare bicycle in the same condition in which it was rented. If the Capital Bikeshare bicycle is returned to a Bike Dock damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Capital Bikeshare bicycle is not returned or is returned in a damaged state. Motivate will attempt to contact You via telephone and email before charging the Your credit or debit card, by using the contact information You provided when subscribing to the Services. For any disappearance of a Capital Bikeshare bicycle that was released on Member's account, You must report the disappearance by filing a formal police report with the local police department and also notify Motivate within 24 hours following the disappearance.
If Your system key is lost or damaged, a replacement may be obtained by calling 1-877-430-BIKE (1-877-430-2453) or by emailing email@example.com and reporting the loss or damage. A replacement fee of $10 for the lost or damaged key will be charged, and a replacement system key will be mailed to Your mailing address of record. All fees are subject to applicable sales taxes and other local government charges. If You lose the code required to pick up Your key from a key dispenser, call 1-877-430-BIKE (1-877-430-2453) or email firstname.lastname@example.org to report the lost code. A replacement code will be provided for free.
SECTION 6 CREDIT AND DEBIT CARD MATTERS. Back to top
You must input a valid credit or debit card number and expiration date before You will be registered to use the Services. You represent and warrant to Motivate that You are authorized to use the credit or debit card. You authorize Motivate to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You dispute any charge on Your credit or debit card account, then You must contact Motivate within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Motivate of all changes relating to Your credit or debit card and update Your member profile on the Website.
SECTION 7 PROHIBITED ACTS. Back to top
a. You may not ride a Capital Bikeshare bicycle if You are under 16 years of age. A minor who is 16 years of age or older may only use the Services if the minor's membership is subscribed for by, and the minor is under the responsibility of, the minor's parent or legal guardian. By authorizing use of the Services by a minor, the parent or legal guardian (i) agrees that he or she is fully and completely responsible and liable for all injuries, damages, costs, and expenses arising from or related to the minor's use of the Services, and (ii) represents, warrants, and agrees that he or she is the minor's parent or legal guardian and that he or she and the minor have all accepted and agreed, as a Member, to all terms and conditions of this Rental Agreement.
b. You may not ride a Capital Bikeshare bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to safely operate the Capital Bikeshare bicycle.
c. You may not use or wear any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device that may distract You from safely operating a Capital Bikeshare bicycle.
d. You may not operate a Capital Bikeshare bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Capital Bikeshare bicycle.
e. Each Capital Bikeshare bicycle is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) using a Capital Bikeshare bicycle or in the basket.
f. You may not dock or lock any bicycle other than a Capital Bikeshare bicycle in any Station.
g. You may not bring a Capital Bikeshare bicycle in a car or ferry, or ride or transport a Capital Bikeshare bicycle outside of the Washington D.C. metropolitan area.
h. You may not use any locking mechanism, other than the locking mechanism provided by Motivate at the Bike Dock, to lock a Capital Bikeshare bicycle to a Bike Dock.
i. You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for bicycle riders.
j. You may not modify, dismantle, write on, or otherwise alter or deface a Capital Bikeshare bicycle or any part of a Capital Bikeshare bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Capital Bikeshare bicycle in any way. You may not use a Capital Bikeshare bicycle for any advertising or similar commercial purpose.
k. You may not attach anything to a Capital Bikeshare bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles.
l. You may not exceed the maximum weight limit for the Capital Bikeshare bicycle (260 pounds) or the cargo carrier (17 pounds), and You may not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
m. You may not operate a Capital Bikeshare bicycle in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it more dangerous to operate a Capital Bikeshare bicycle. You must limit or adjust Your riding behavior and braking distance to suit the weather conditions, and You must promptly act in a safe manner and return, if it would be necessary and prudent to do so, Your Capital Bikeshare bicycle to an available Bike Dock.
n. You may not allow others to use a Capital Bikeshare bicycle that You have removed from a Bike Dock. You understand that when You remove a Capital Bikeshare bicycle from a Bike Dock, the Capital Bikeshare bicycle may be used only by You. You may not transfer Your system key, 7-digit code on the system key, or any other unique Member information to any other person.
o. You understand and assume the risks of Your violation of any Prohibited Act set out in this SECTION. Such risks include injury or death to You and others, damage to or destruction of Your and others' property, and the potential that You will be cited or arrested for violation of applicable laws.
II. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION BY MEMBER. Back to top
SECTION 8 RELEASES; NO WARRANTIES. Back to top
In exchange for YouR being allowed to use any of the Services, CAPITAL BIKESHARE bicycles, Stations, Bike Docks, or related information, You (acting for Yourself and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release and discharge all Released Persons FROM all Claims that You have or may have against any Released Person arising out of or in any way related to Your use of the Services. Such releases are intended to be general and complete releases AND WAIVERS of all Claims arising out of or in any way related to Your use of the Services. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, and may do so as intended THIRD-PARTY beneficiaries of such releases, if appropriate.
Without limitation of the foregoing general releases, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY APPLICABLE LAW, MOTIVATE AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS RENTAL AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, CAPITAL BIKESHARE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS RENTAL AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN SECTION 5, OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY MOTIVATE OR ANY RELEASED PERSON, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING CAPITAL BIKESHARE BICYCLE, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF MOTIVATE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, CAPITAL BIKESHARE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, CAPITAL BIKESHARE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, MOTIVATE 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, CAPITAL BIKESHARE BICYCLES, STATIONS, BIKE DOCKS, AND RELATED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). MOTIVATE AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, CAPITAL BIKESHARE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, CAPITAL BIKESHARE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, CAPITAL BIKESHARE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, AND MOTIVATE AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST CAPITAL BIKESHARE BICYCLE OR SYSTEM KEY.
As used in this Part II and elsewhere in this Rental Agreement, "Claims" or "CLAIMS" means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at or in preparation for trial, appeal, mediation, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Capital Bikeshare bicycles, Stations, Bike Docks, or related information, or (b) Your use of any of the foregoing. "Released Persons" or "RELEASED PERSONS" means, collectively, (i) Motivate and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) Arlington County, Virginia, the District of Columbia, Montgomery County, Maryland, the City of Alexandria, Fairfax County, Virginia, and all of their elected and appointed officers, officials, employees, and agents, (iii) every sponsor of any of the Services and all of the sponsor's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which is located a Station and all of the property holder's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
SECTION 9 ASSUMPTION OF RISK; INDEMNIFICATION BY MEMBER. Back to top
YOU ARE solely and fully responsible for the safe operation of the Capital Bikeshare bicycle at all times. YOU understand that THIS AND other sections in this RENTAL Agreement describe and relate to the risks RELATING to YOUR use of the Services. YOU affirm that YOU HAVE read, understand, and accept the entire RENTAL Agreement. YOU AGREE that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. YOU further agree that, before any use of the Services, YOU will perform the safety inspection described in SECTION 8, and YOU will not use a bicycle that fails the safety inspection and will notify MOTIVATE of such failure. YOU agree that riding a CAPITAL BIKESHARE bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to YOURSELF or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Such risks, dangers, and hazards include and relate to, but are not limited to, other vehicles, bicycles, pedestrians, other third parties, buildings, objects, potholes, WHEELSTOPS, CURBS, DOCKING PLATES, DELINEATORS, PAVEMENT CRACKS, RUTS, UNEVEN OR UNSTABLE ROADWAYS OR BIKE PATHS, LIGHT RAIL or RAIL ROAD TRACKS, WEATHER CONDITIONS, ROAD CONDITIONS, animals, ROAD KILL, vegetation, AND other permanent or temporary obstructions on or near roadways or bike paths, the possibility of criminal OR OTHER THIRD-PARTY acts OR OMISSIONS, bicycle or component malfunction, NEGLIGENT ACTS OR OMISSIONS by ANY RELEASED PERSON, YOUR OR ANY THIRD PERSON'S NEGLIGENT ACTS OR OMISSIONS, and YOUR underlying known or unknown health conditions. YOU agree that ALL such risks, dangers, and hazards, WHETHER KNOWN OR UNKNOWN,ARE your sole responsibility AND YOU ASSUME ALL RELATED RISKS.
YOU agree that choosing whether to wear a bicycle helmet or utilize other protective gear IS YOUR sole responsibility. YOU agree that if YOUR use of any of the Services causes any injury or damage to another person or property, then YOU may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Capital Bikeshare bicycle, YOU assume full and complete responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards, and YOU agree that Motivate and all other Released Persons are not responsible for any death, injury, damage, or cost caused by YOU with respect to any person or property, including the Capital Bikeshare bicycle itself.
YOU AGREE, without limitation, to indemnify and hold harmless all Released Persons from any death, injury, or damage to YOURSELF, another person OR PERSONS, or property ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES.
SECTION 10 BICYCLE SAFETY INSPECTION. Back to top
Before each use of a Capital Bikeshare bicycle, You must conduct a safety inspection of the Capital Bikeshare bicycle, which includes inspecting for all of the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) alignment of the fender and the metal rods that hold the fender in place; (vi) good condition of the frame; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You may not ride the Capital Bikeshare bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Motivate of all problems and issues and You must use a different Capital Bikeshare bicycle. You agree to press the "Faulty Bike" button within 1 minute after docking any Capital Bikeshare bicycle that You notice has any mechanical or other problem or safety issue.
SECTION 11 ACTIVATION OF SYSTEM KEY. Back to top
Once You are successfully registered as a Member to use the Services, and have elected to have a key mailed to You, Motivate will mail a system key to the mailing address You provide. You must activate the system key on the Website, under the "Member Login" heading, before using the system key for the first time. Your membership becomes valid and active upon key activation.
SECTION 12 REMOVING BICYCLE BY MEMBER. Back to top
Members must insert their system key into the reader slot on the Bike Dock to remove the Capital Bikeshare bicycle from the Bike Dock. After the system key has been inserted into the reader slot, the Member has 15 seconds to remove the Capital Bikeshare bicycle from the Bike Dock. The signal light remains yellow during the validation of the Member's system key, and the signal light turns green when the Capital Bikeshare bicycle can be removed. Two sound signals are also emitted. If the Capital Bikeshare bicycle is not removed within 15 seconds, the Bike Dock locks and the Member must repeat the process described above.
SECTION 13 RETURNING BICYCLE. Back to top
To return a Capital Bikeshare bicycle, Member must secure it into an available Bike Dock. When the Capital Bikeshare bicycle is correctly docked, a sound signal will be emitted, and the signal light will turn yellow and then green to confirm that the Capital Bikeshare bicycle has been properly secured to the Bike Dock. If the Capital Bikeshare bicycle is not properly secured to the Bike Dock, then the signal light will turn red, and a longer sound signal will be emitted. If the signal light turns red, then Member must repeat the operation until the signal light turns green and the Capital Bikeshare bicycle is properly secured in the Bike Dock; however, if after several attempts the signal light does not turn green, then Member must return the Capital Bikeshare bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then Member must push the "Request Time Credit" icon on the Kiosk screen to obtain an additional 15-minute credit in which to return the Capital Bikeshare bicycle to another Station. No fee is charged to Member for the additional 15-minute credit. Any Capital Bikeshare bicycle that is not properly secured remains the sole responsibility of Member, and the usage fees set forth in SECTION 2 will be charged until the Capital Bikeshare bicycle is properly secured. If You fail to properly secure a Capital Bikeshare bicycle to end your rental, Motivate may charge You a recovery and re-docking fee of $30.
SECTION 14 OBTAINING RECEIPT. Back to top
Member may print a receipt to confirm that the Capital Bikeshare bicycle has been properly returned to the Bike Dock, by pushing the "Rental Receipt" icon on the Kiosk screen under the "More Options" menu. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip.
SECTION 15 HELMETS; SAFETY. Back to top
Motivate strongly recommends that all Members wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer's instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. Motivate does not provide helmets and it is a Member's sole responsibility to utilize a bicycle helmet or other protective gear. Motivate and the other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and Member agrees that Motivate and the other Released Persons are not liable for any injury suffered by Member while using any of the Services, whether or not Member is wearing a helmet or other protective gear at the time of injury. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING and gear. Member agrees that, when using any of the Services, Member might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.
1. You represent, warrant, and agree that You are a safe and competent bicycle operator, You are sufficiently fit and physically capable to safely ride a bicycle without any risk to Your health, You are knowledgeable about the operation of a bicycle, and You are knowledgeable about the laws pertaining to bicycles operated within the Washington, D.C. metropolitan area. Like any physical activity, riding a Capital Bikeshare bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Capital Bikeshare bicycle, You assume all responsibilities and risks for all such injuries or other medical conditions.
2. You represent, warrant, and agree that Motivate is not responsible for providing or maintaining bicycle lanes or any other place where You may ride Capital Bikeshare bicycles, and that Motivate and the other Released Persons do not guarantee that there will always be a safe place to ride a Capital Bikeshare bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Capital Bikeshare bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
3. You represent, warrant, and agree that Motivate and the other Released Persons are not common carriers. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Motivate provides Capital Bikeshare bicycles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Capital Bikeshare bicycle on their own and who have agreed to all terms and conditions of this Rental Agreement.
4. Member must report to the police and to Capital Bikeshare Customer Services at 1-877-430-BIKE (1-877-430-2453) as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Capital Bikeshare bicycle, (ii) any vandalism of any of the Services, (iii) any stolen or lost Capital Bikeshare bicycle, and (iv) any stolen or lost system key.
5. Member is fully and completely responsible for all charges, damages, and injuries that arise from or relate to any use of Member's system key before (i) a deactivation of the key by Motivate upon the expiration of membership, or (ii) a report to the Capital Bikeshare Customer Services at 1-877-430-BIKE (1-877-430-2453) that the system key is lost or stolen.
SECTION 17 LIMITATIONS ON AVAILABILITY OF SERVICES. Back to top
Motivate makes every effort to provide the Services for 365 days per year; however, Motivate does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Motivate from providing the Services from time to time. Access to the Services also is conditioned on the availability of Capital Bikeshare bicycles and available Bike Docks at each Station. Motivate does not represent or warrant the availability of any Services or the availability of any Capital Bikeshare bicycles or Bike Docks at any Station. No sponsor of Capital Bikeshare has any responsibility for providing any Services. Members should use the Website to check the inventory of Capital Bikeshare bicycles and Bike Docks available at a Station. Member agrees that Motivate may require Member to return a Capital Bikeshare bicycle at any time.
IV. MISCELLANEOUS. Back to top
SECTION 18 TERM AND TERMINATION. Back to top
The term of this Rental Agreement begins when You first use the Services, and the term ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under SECTION 4 of this Rental Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your membership. At any time and from time to time, and without Your consent, Motivate may unilaterally terminate Your right to use any of the Services, in Motivate‘s sole discretion and without any notice or cause.
You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Motivate, (ii) the term of this Rental Agreement continues in accordance with this SECTION, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.
If You select a monthly billing option, (a) You will be responsible for monthly payments in amounts as listed on the Website at the time you enroll, billed with an annual (12-month) commitment, and (b) if You cancel your membership before your annual commitment is complete, You will be responsible for paying in full at the time you cancel the balance remaining to complete the annual commitment.
All annual memberships may be auto-renewed upon the membership period's expiration. Members who have been enrolled into auto-renew may prevent their membership from auto-renewing by deselecting the "Auto-Renew Membership" box found on the Profile page within the Member Area of the Website. Members who wish to be enrolled into auto-renew may do so by selecting the Auto-Renew Membership box found on the Profile page within the Member Area of the Website.
No sooner than thirty (30) days before and no later than one (1) year after the expiration of Your membership term, You may renew the membership on the Website, under the "Member Login" heading. If the membership is not renewed within this period of time, then You may be required to (i) take certain actions to reactivate Your old account, or (ii) create an entirely new account for a new membership. The membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if Member breaches this Rental Agreement, as decided by Motivate in its sole discretion.
SECTION 19 NOTICES. Back to top
You may contact Motivate by writing, calling, or emailing Motivate at the street address, telephone number, and email address listed below:
Motivate International Inc. 5202 Third Avenue Brooklyn, NY 11220 Customer Service: 1-877-430-BIKE (1-877-430-2453) email@example.com
SECTION 20 MANDATORY ARBITRATION; CLASS ACTION WAIVER. Back to top
This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of the District of Columbia, excluding principles of conflicts of laws.
You agree that any dispute or Claim relating in any way to Your use of the Services will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Rental Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Rental Agreement as a court would.
To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Motivate International Inc. at 5202 Third Avenue, Brooklyn, NY 11220. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.
YOU AND MOTIVATE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a Claim proceeds in court rather than in arbitration You and Motivate each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Your decision to opt out to firstname.lastname@example.org with the subject line, "CAPITAL BIKESHARE ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of Your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt out of these arbitration provisions, Motivate also will not be bound by them.
This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
In the event that the arbitration provisions above are found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, You agree that any Claim or dispute must be resolved exclusively by a state or federal court located in the District of Columbia. You and Motivate agree to submit to the personal jurisdiction of the courts located within the District of Columbia for the purpose of litigating all such claims or disputes.
Further, if Motivate prevails in litigation against a Member to enforce its rights under this Rental Agreement, Motivate shall be entitled to its costs, expenses, and reasonable attorneys' fees (whether incurred at or in preparation for trial, appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Motivate may be entitled.
SECTION 21 WAIVERS. Back to top
No waiver of any breach of any provision of this Rental Agreement is a waiver of any other breach or of any other provision of this Rental Agreement. The terms of this Rental Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
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 Motivate 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, 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 Motivate and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice, 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 Motivate may decide in its sole discretion, the 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 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.
SECTION 23 CUMULATIVE REMEDIES. Back to top
All rights and remedies granted under or referred to in this Rental Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
SECTION 24 FINAL AGREEMENT; MODIFICATION BY MOTIVATE. Back to top
This Rental Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Member's consent, Motivate may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause. By continuing to use any Services after any amendment, modification, or change, Member has agreed to be bound by all such amendments, modifications, and changes. Member must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Rental Agreement, Motivate will post a notification on the Website. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Website supersedes all pricing set forth in this Rental Agreement.
SECTION 25 SEVERABILITY. Back to top
If a court deems any provision of this Rental Agreement, including the binding arbitration and class action waiver provisions, illegal or otherwise unenforceable for any reason, Member agrees that that provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties.
MEMBER AGREEMENT TO BICYCLE RENTAL AGREEMENT
I certify that I am the Member, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.
I hereby represent that I am a parent or legal guardian of the below minor Member, who is 16 years of age or older, and that I am fully authorized to execute this Rental Agreement on behalf of myself and all other parents of legal guardians of the minor Member. I hereby give permission and consent to the minor Member's use of the System within the terms and conditions set forth in this Rental Agreement, and have explained these terms and conditions to the minor Member. It is my decision as the minor Member's parent or legal guardian that the System is suitable for the minor Member. I further agree to the terms and conditions set forth in this Rental Agreement, and I shall assume any and all responsibility and liability for the minor Member's use of the System as provided by the terms of this Rental Agreement by Members. I further agree to defend and indemnify any Released Party from any and all Claims by the minor Member arising out or connected to the minor Member's use of the System whether or not any negligence by any Released Party, in whole or in part, is alleged to have contributed to any Claims.