Rider Agreement

Jaunt Micro Mobility LLC User Bike Sharing Agreement 

 

CONDITIONS AND TERMS, RIDER’S RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD JAUNT HARMLESS. RIDER SHOULD CAREFULLY READ ALL TERMS AND CONTIDIONS BEFORE ENTERING THIS AGREEMENT 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING A JAUNT ELECTRIC VEHICLE. BY USING AN ELECTRIC BIKE-SHARE BICYCLE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, YOU ARE NOT PERMITTED TO RENT OR USE A JAUNT ELECTRIC VEHICLE FROM JAUNT MICRO MOBILITY LLC. 

Jaunt Micro-Mobility Release and Waiver of Liability 

PURPOSE OF AGREEMENT 

  • This document constitutes the entire Agreement (“Agreement”) between (A)”Rider”, the person agreeing to lease and use an electric pedal-assist bicycle or other Jaunt vehicle ( referred to as ebike)(collectively “Bike)”, and (B)Jaunt Micro Mobility LLC (“Jaunt”). 

GENERAL RENTAL AND USE OF BIKE: AGREEMENTS AND RESTRICTIONS 

RIDER is sole user; Jaunt expressly agrees to let, and the RIDER expressly agrees to take on, rental of the Bike subject to the terms and conditions set out herein. 

  • Jaunt and the RIDER are the only parties to this agreement. 
  • RIDER is of 16 years of age or older to operate an Ebike. 
  • If RIDER is under age of consenting to legal agreement, they are agreeing with permission of guardian.  

RIDER represents and certifies that RIDER is at least 16 years of age to operate ebike. If RIDER unintentionally or intentionally misrepresents their age, RIDER accepts full responsibility and is liable for any consequence, penalty, claims, demands, causes or action, damages, liabilities, judgments, suits, attorney’s fees of any kind or nature whatsoever related to any such misrepresentation. 

1.REPRESENTATIONS AND WARRANTIES 

  • Rider represents and warrants to Jaunt they are experienced and familiar with, safe, and competent for operation of an e-bike; and that they are physically and mentally fit to ride the e-bike. Rider is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of an e-bike. 

ACKNOWLEDGEMENTS AND AGREEMENTS: 

Rider acknowledges and agrees as follows: 

  • Rider is fully aware that riding an e-bike poses a risk of accident due to motorists, pedestrians, and pavement /sidewalk conditions,and Rider must keep a proper lookout to a void such accidents. 
  • Rider is solely responsible for obtaining and using a helmet and protective gear. 
  • Protective gear is not provided by Jaunt; RIDER assumes all liability if they choose to use ebike without helmet and/or protective gear. 
  • Rider is solely responsible for operating and riding an e-bike in a careful and reasonably competent manner. 

A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident. 

  • Rider is solely responsible for any moving violations and/ or fines incurred by Rider while using the e-bike, including any fees for parking the e-bike in prohibited locations. 
  • If Rider causes damage to property or injury to another party while operating or in possession of the e-bike, Rider is solely liable for such damage or injury. Rider agrees to defend and hold harmless Jaunt from any and all losses, liabilities, claims, causes of action, costs, fees, penalties or the like arising from Rider’s use of the Jaunt e-bike.
  • Use of basket, and phone holder and all other vehicle accessories are at Riders discretion, Jaunt is not liable for damage to personal property or injury resulting from use of accessories attached to bike. 

RESTRICTED USES; Rider shall not do any of the following acts (“Restricted Uses”): 

  • Use any e-bike if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the ebike. 
  • Operate an e-bike while carrying any item that impedes Rider’s  ability to safely operate the e-bike. 
  • Operate an e-bike while under the influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the e-bike. 
  • Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts Rider from the safe operation of the e-bike while operating ebike. 
  • Allow more than one person to be carried on the e-bike. 
  • Violate any applicable federal, state, or local law. 
  • Operate or use an e-bike in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms. 
  • Ride or operate an e-bike that has any defect, fails to operate properly is in need of repair. 
  • Use the e-bike for racing, trick riding, jumping, stunt riding and/ or, off-road riding.  
  • Tow, pull, carry or push any person or object with an e-bike. 
  • Use ebike without unlock, payment, or express permission of Jaunt. 
  • Use ebike for delivery, service, employment or other monetary gain without express permission of Jaunt. 

RIDER responsibility related to bike use and damage; 

  • RIDER agrees to return the bike to a bike parking area as designated by Jaunt in the same condition received, ordinary wear and tear is expected. 
  • Rider agrees to ensure that the Bike is always locked and secured when unattended.  
  • Jaunt is not responsible for any lost, stolen, destroyed and/or damaged ebike under any circumstances, regardless of whether bike lock is used or not properly functioning. RIDER agrees to pay for the destruction or loss of ebike, including replacement parts whether caused by RIDER or someone else while ebike is rented by RIDER. 
  • In the event the ebike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay Jaunt the full replacement current market value of the ebike. 

 RELEASE AND LIMITATION OF LIABILITY 

FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE E-BIKE AND TO THE FULLEST EXTENT PERMITTED BY LAW, RIDER, FOR THEMSELVES AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES JAUNT, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING BUT NOT LIMITED TO, FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY 

DAMAGE, AND INJURY TO RIDER OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR“INDIRECTLY TO: 

(A) THE MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE E-BIKE; 

(B) ANY RISK, DANGER OR HAZARD DESCRIBED IN THIS RELEASE;  

(C) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE E-BIKE EQUIPMENT; (D) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW; (E) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER OR A THIRD PARTY; OR (F) RIDER’S FAILURE TO WEAR PROTECTIVE GEAR SUCH AS A HELMET WHILE UTILIZING JAUNT EQUIPMENT. 

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 JAUNT OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST JAUNT WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING AN EBIKE, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMS. 

IF JAUNT IS DEEMED TO HAVE ANY LIABILITY ARISING OUT OF RIDER’S USE OF THE OPERATOR EQUIPMENT, INCLUDING EBIKE, APP, OR THE WEBSITE, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO JAUNT BY RIDER. 

ASSUMPTIONS OF RISKS; DISCLAIMER. RIDER AGREES THAT E-BIKES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE E-BIKE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. JAUNT HOLDS SAFETY TO THE HIGHEST STANDARD AND EBIKES ARE REGULARLY MAINTENANCED. RIDER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT RIDER’S USE OF THE EBIKE IS AT THEIR OWN RISK, AND THAT BY CHOOSING TO RIDE AN E-BIKE, RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS. RIDER ACCEPTS THE E-BIKE FOR USE AFTER EXERCISING HIS/HER OWN FREE CHOICE TO PARTICIPATE VOLUNTARILY IN THIS ACTIVITY AND AFTER HAVING INSPECTED THE EBIKE AND CERTIFYING THAT IS IN GOOD OPERATING CONDITION. RIDER UNDERSTANDS THAT USING AN EBIKE MAY BE A HAZARDOUS ACTIVITY THAT INVOLVES MANY OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS,AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO RIDER OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED. RIDER ACKNOWLEDGES, UNDERSTANDS AND ASSUMES ALL RISK RELATING TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE EBIKES, AND UNDERSTANDS THAT USING AN EBIKE INVOLVES RISK TO THE RIDER AND OTHERS INCLUDING DAMAGES, BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO RIDER OR OTHERS, AND THAT 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. JAUNT DOES NOT REPRESENT OR WARRANT THAT ANY OF THE EBIKES, OPERATOR EQUIPMENT OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE JAUNT EQUIPMENT OR RELATED INFORMATION. RIDER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE E-BIKES AND JAUNT IS NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. 

INDEMNIFICATION. Rider shall indemnify, defend and hold harmless Jaunt for, from and against any and all Claims related to or arising out of this Agreement, even where caused in whole or in part by Jaunt’s negligence, and/or the negligence of others, whether presently known or unknown. At Jaunt’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by Rider (provided that, in such event, City may at any time elect to take over control of the defense and settlement of any such Claim. In no event may Rider settle any Claim without Jaunt Micro Mobility’s prior written consent. 

PLEASE CAREFULLY REVIEW THE PROVISION IN SECTION, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH JAUNT MICRO MOBILITY LLC IN MANDATORY MEDIATION PRIOR TO FILING A LAWSUIT. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE PROVISION WORKS. 

MUTUAL MANDATORY MEDIATION PROVISION. 

Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way. 

ACCEPTANCE of Agreement and TERMS and Conditions by RIDER: RIDER expressly acknowledges that they have carefully Read the entire agreement, including the Terms and Conditions, and understand this Agreement, including but not limited to, the Waiver and Liability, Assumption of risk and indemnification Provisions fully and expressly agrees to be bound by this Agreement. After careful deliberation, RIDER voluntarily gives their consent and expressly agrees to all the conditions included in this Agreement as set fourth above.