BICYCLE USER AGREEMENT, LIABILITY WAIVER, AND RELEASE
In consideration of your use of any of the Ride. Bike. Temple! Bike Share Services as defined below, the Temple College Foundation. (“the Foundation”) requires that You (“Member”, “You”, or “Your”) agree to all terms and conditions in this Bike Share User Agreement, Liability Waiver, and Release (“Agreement”). The “Ride. Bike. Temple!” or “Services” provided by the Foundation are composed of several elements, including (1) Ride. Bike. Temple! Bike Share bicycle stations (“Stations”), (2) automated kiosks (“Kiosks”), (3) separate stands that allow the locking of Ride. Bike. Temple! Bike Share bicycles (“Bike Racks”), (4) Ride. Bike. Temple! Bike Share bicycles (“Bicycles”), and (5) all related equipment, personnel, and information.
Bike Rental Fees
When a Member subscribes to the Services, they will create an account using an acceptable credit or debit card to purchase Bike Bucks (etokens). The total amount of the rental fee that is in effect as of the date of the rental will be charged against their Bike Bucks. Rental fee amounts are listed on the Services’ website at [“www.tcfound.org”] (“Website”).
All Members are subject to the overtime fees set forth below, which may be charged and collected by the Foundation. So long as a Member returns the Bicycle to the same Bike Rack within 12 hours, no overtime fees will be charged. After returning a Bicycle to a Bike Rack, a Member is eligible to rent another Bicycle after a 2 minute wait. The time period for application of Bicycle overtime fees begins once the Key has been removed from a Key Kiosk. If the bike and key are not returned in the 12 hour time, the total amount of all of Your chargeable trips (i.e., those trips lasting in excess of 12 hours that incur an overtime fee) will be charged to Your Account and charged against Your acceptable credit or debit card. At any time, You may access a statement of Your trip history and associated charges by logging into Your Account profile page on the Website. If You dispute the charge for a trip and You wish the Foundation to review the charge, then You must contact the Temple College Foundation as soon as possible but no later than 10 days after the disputed charge. You must provide the Temple College Foundation all trip information necessary to identify the disputed charge and any additional proof that the Bicycle was properly returned. If you do not contact the Temple College Foundation about a disputed charge within the time allowed, you must follow the procedures your credit card or debit card company has established for disputed charges. Ride Time Total Overtime Fee – For Charter Members 00:01-12:00 hours $1.00 12:01-24:00 hours $5.00 24:01 hours $500
Lost, Stolen, or Damaged Bicycles; System Keys; Additional Fees.
The data generated by the Services’ computer is conclusive evidence of the period of use of a Bicycle by a Member. Your use of the Services is limited to a period of 24 consecutive hours. For any Bicycle use that exceeds a period of 24 consecutive hours, the Bicycle will be deemed “lost” and Your credit or debit card will be charged a lost bike fee of up to $500. In addition, the Temple College Foundation may file a police report with local authorities. If the Bicycle is found or returned to a Bike Dock after 24 hours, or the Temple College Foundation verifies that You are not responsible for a loss, theft, or accident preventing its return, the lost bike fee may be waived in part or full. You agree to report to the Temple College Foundation as soon as possible the loss or theft of a Bicycle or Your involvement in any accident that will prevent the return of a Bicycle. You further agree to follow the Temple College Foundation’s direction to file a police report for any loss, theft, or accident and to cooperate with any investigation of such an event. You must return the Bicycle in the same condition in which it was rented. If the Bicycle is returned to a Bike Dock damaged or in a state of disrepair, 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 Bicycle has been returned in a damaged state. the Temple College Foundation will attempt to contact You before charging Your credit or debit card using the contact information You provided. If Your system key has been lost or damaged, a replacement may be obtained by calling (254)-598-7435 or by emailing email@example.com. A replacement fee of $50 may be charged.
Credit Card Matters
You must provide a valid credit or debit card number and expiration date before You can purchase Bike Bucks, an eToken, to access to the Services. You represent and warrant to the Temple College Foundation that You are authorized to use the credit or debit card. You authorize the Temple College Foundation to charge Your credit or debit card for all fees incurred by You. If You dispute any charge on Your credit or debit card account and You wish the Temple College Foundation to review the charge, You must contact the Temple College Foundation as soon as possible but no later than 10 days after the disputed charge. Otherwise, you must follow the procedures your credit card or debit card company has established for disputed charges. You agree to immediately inform the Temple College Foundation of all changes relating to Your credit or debit card.
Prohibited Acts a. You must not ride a Bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate the Bicycle safely. b. While riding a Bicycle You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely operating the Bicycle. c. You must not operate a Bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate the Bicycle. d. You must not carry a second person on a Bicycle. e. You must not leave a bike unlocked in any location. f. You must not use any locking mechanism, other than the locking mechanism provided by the Temple College Foundation at the Bike Rack, to lock a Bicycle to a Bike Rack. g. You must agree to comply with any and all federal, state, or local laws regarding the use and operation of a Bicycle. h. You must not dismantle, write on, or otherwise modify or deface a Bicycle or any part of a Bicycle in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. You must not use a Bicycle for any advertising or similar commercial purpose. i. You must not exceed the maximum weight limit for the Bicycle (260 pounds). j. You must not operate a Bicycle in poor or dangerous weather conditions, including hail, ice or electrical storms, which could make it more dangerous to operate the Bicycle. You are advised to adjust Your riding behavior and braking distance to suit the weather conditions, and you must promptly act in a safe manner and return Your Bicycle to an available Bike Rack when necessary and prudent to do so. k. You are encouraged to wear protective gear and clothing including a helmet, closed toed shoes, and garments that will not get caught in the chain or other Bike apparatus.
ASSUMPTION OF RISK, RELEASE, INDEMNITY AGREEMENT, DISCLAIMERS, LIMITED LIABILITY
Assumption of Risk by Member
Member is solely and fully responsible for the safe operation of the Bicycle at all times. Member agrees that the Bicycle is a machine that may malfunction, even if the Bicycle is properly maintained, and that such malfunction may cause injury. Member agrees that riding the Bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Member or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Member understands that these risks, dangers, and hazards include, but are not limited to those from failure to ride the Bicycle safely; loss of balance or control; weather conditions; mechanical or structural failure of the Bicycle; unexpected actions of others; failure by the Member to anticipate the actions of others; irregular roadway or other surfaces; falling; collision with motor vehicles, bicycles, or pedestrians; and collision with natural or man-made objects or obstructions. Member also understands that failure to wear a helmet increases Member’s risk of injury or death from these risks, dangers, and hazards. Despite the risks involved in the operation of the Bicycle and as consideration for being allowed to use the Services, Member agrees that such risks, dangers, and hazards are Member’s sole responsibility, and MEMBER AGREES TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with use of the Services. Member agrees that if Member’s use of any of the Services causes any injury or damage to another person or property, Member may be liable for all resulting injuries, damages, and related costs.
MEMBER AGREES NEVER TO SUE AND TO RELEASE FROM LIABILITY the Released Persons listed below for any and all Claims resulting from, arising out of, or in any way connected with (a) any of the Services, including any of the Bicycles, Stations, Bike Racks, or related information, or (b) Member’s use of the Services. Member understands that this RELEASE OF LIABILITY will prevent Member and Member’s heirs from filing suit or making any Claims in the event of injury or death arising from Member’s use of the Services. Member UNDERSTANDS THIS IS A RELEASE OF LIABILITY AND AGREES THAT IT IS VALID FOREVER, and will apply whenever Member uses the Services. As used in this Agreement, “Participating Entity” or “Participating Entities” means any entity or entities that provides or provided funding for any Services or components for any Services made available to Member including, but not limited to, the City of Temple, Bell County, Temple College, Temple College Foundation, the Scott & White Health Plan, Scott & White Health Care, Veteran’s Administration. As used in this Agreement, “Claims” means any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), suits, proceedings, obligations, debts, liens, fines, charges, penalties, forfeitures, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent).
Member agrees to hold harmless, defend and indemnify all Released Persons from and against any and all Claims brought by Member, on behalf of Member or Member’s estate, or by any other person arising out of, or in any way connected with Member’s use of the Services. In the event that Member executes this Agreement on behalf of another person, and in the event that the other person brings any Claims against any of the Released Persons, Member agrees to hold harmless, defend and indemnify all Released Persons against such Claims.
To the fullest extent permitted by law, and with respect to Member’s use of any of the Services, Bicycles, Stations, Bike Racks, or related information, the Temple College Foundation 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, Bicycles, Stations, Bike Racks, and related information are provided “as is” and “as available” (and Member relies on them solely at Member’s own risk). The Temple College Foundation and all other Released Persons do not represent or warrant that any of the Services, Bicycles, Stations, Bike Racks, 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 Services, Bicycles, Stations, Bike Racks, or related information. Member assumes full responsibility and risk of loss for using any of the Services, Bicycles, Stations, Bike Racks, or related information, and the Temple College Foundation and all other Released Persons are not liable for any and all Claims attributable to any of the foregoing.
Member hereby acknowledges and agrees that the Temple College Foundation and all other Released Persons are not responsible or liable for any Claims, including those that arise out of or relate to the following (a) any risk, danger, or hazard described in this Agreement, (b) Member’s use of, or inability to use, any of the Services, Bicycles, Stations, Bike Racks, or related information, (c) Member’s breach of this Agreement or violation of any federal, state, or local law, (d) any negligence, misconduct, or other action or inaction by Member, (e) Member’s failure to wear a bicycle helmet while using a Bicycle, or (f) any negligence, misconduct, or other action or inaction of any third party. Member hereby waives all Claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if the Temple College Foundation or any of the other Released Persons have been advised of the possibility of such claims. The total liability of the Temple College Foundation and all other Released Persons for all such Claims, including those based in contract, tort (including negligence), statutory, or other grounds, is limited to the sum of $100.
Activation of System Key
Once You are successfully registered as a Member to use the Services, the Temple College Foundation will provide system access by text or e-mail to the phone number or e-mail address listed by You. You must activate the system on the key kiosk before using the Services for the first time. A membership becomes valid and active once a key is removed from the kiosk.
Checking Out and Returning Bicycle
Before each use of a Bicycle, Member must conduct a safety inspection of the Bicycle, which includes inspecting 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) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Member must not ride the Bicycle if Member notices any mechanical or other problem or safety issue; and, in such case, Member must promptly notify the Temple College Foundation of all problems and issues and Member must use a different Bicycle. Member agrees to inform the Temple College Foundation of a “Faulty Bike” within 1 day after parking any Bicycle that Member notices has any mechanical or other problem or safety issue. Members must lock their bike at the same Bike Rack from which it was checked out. Once the bike is locked, You must return the key to the Key Kiosk. Any Bicycle that is not properly secured remains the sole responsibility of Member, and the overtime fees set forth will be charged until the Bicycle is properly secured.
The Temple College Foundation 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. The Temple College Foundation and the other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and Member agrees that the Temple College Foundation 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 at the time of injury. 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 Agreement.
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 Bell County and the City of Temple. Like any physical activity, riding a Bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Bicycle, You assume all responsibilities and risks for all such injuries or other medical conditions. 2. You represent, warrant, and agree that the Temple College Foundation and the other Released Persons are not responsible for providing or maintaining bicycle lanes or any other place where You may ride Bicycles, and that the Temple College Foundation and the other Released Persons do not guarantee that there will always be a safe place to ride a Bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a 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 the Temple College Foundation and Participating Entities 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. The Temple College Foundation and the other Released Persons provide 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 Bicycle on their own and who have agreed to all terms and conditions of this Agreement. 4. You agree that access to the Services is denied to any person less than 18 years of age without the consent of a parent or guardian. 5. Member must report to the police and to Temple College Foundation at (254)-598-7435 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 Bicycle, (ii) any vandalism of any of the Services, and (iii) any stolen or lost Bicycle.
LIMITATIONS ON AVAILABILITY OF SERVICES
Ride. Bike. Temple! makes every effort to provide the Services for 365 days per year; however, the Temple College Foundation does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent the Temple College Foundation from providing the Services from time to time. Access to the Services also is conditioned on the availability of Bicycles and available Bike Racks at each Station. The Temple College Foundation does not represent or warrant the availability of any Services or the availability of any Bicycles or Bike Racks at any Station. No sponsor of Ride. Bike. Temple! has any responsibility for providing any Services. Member agrees that the Temple College Foundation may require Member to return a Bicycle at any time.
Term and Termination
The term of this Agreement begins when You first use the Services, and the term ends 1 year after Your last use of the Services; provided, however, that Your personal financial responsibility of this Agreement expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your credit card. At any time and from time to time, and without Your consent, the Temple College Foundation may unilaterally terminate Your right to use any of the Services, in the Temple College Foundation’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 the Temple College Foundation, (ii) the term of this Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Agreement. This 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. Within one year after a prior membership has expired, Member may renew the membership on the Website. The membership, and the personal identification number and system access number related thereto, are non-transferable and may be terminated if Member breaches this Agreement, as decided by the Temple College Foundation in its sole discretion. The provisions of this Agreement survive termination of the Agreement.
You may contact the Temple College Foundation by writing, calling, or emailing at the street address, telephone number, and email address listed below: Temple College Foundation 19 North Main Street Temple, TX 76501 Customer Service: 1-254-598-7435 firstname.lastname@example.org
Choice of Law; Dispute Resolution
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Texas. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Texas and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in the State of Texas; and (iv) the parties must submit the dispute to mandatory mediation held in the State of Texas. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this 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 the Temple College Foundation and its affiliates, successors, and assigns and the Participating Entities 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 the Temple College Foundation and its affiliates, successors, and assigns and the Participating Entities (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 the Temple College Foundation 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.
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
Modifications by the Temple College Foundation
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Member’s consent, Alta may unilaterally amend, modify, or change this 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 Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, the Temple College Foundation will post a notification on the Website. Notwithstanding any provision in this Agreement that may be to the contrary, the pricing set forth on the Website supersedes all pricing set forth in this Agreement.
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not 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.
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 Agreement.
Information Collection, Use and Disclosure
Pledge to Security
We take reasonable security precautions to protect User Information. When We ask users to enter sensitive information (such as a credit card number), that information is encrypted. If you have any question about the security on Our website or about Our services, you can send an email to email@example.com. Although We intend to use reasonable security safeguards to protect the security of User Information, WE HAVE LIMITED CONTROL AND WE CANNOT PROVIDE OR GUARANTEE COMPLETE SECURITY OF ANY USER INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY USER INFORMATION THAT IS PROVIDED TO THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, THE CITY OF TEMPLE, SCOTT & WHITE HEALTHCARE, SCOTT & WHITE HALTH PLAN, AND THE VETERAN’S ADMINISTRATION; THEREFORE, YOUR POSTING OR TRANSMITTING OF ANY USER INFORMATION IS DONE AT YOUR SOLE RISK. If there is a serious breach in the security of Our services, then We will attempt to contact you using some or all of the User Information you have provided to us, to allow you to take further steps that may be necessary to protect your information. We will also take steps to promptly notify the appropriate governmental agencies.
Links to Other Sites
Our services are provided in the United States and are intended solely for the use of users in the United States; however, if you use and access the Website or services from outside the United States, then be aware that United States laws apply to the Temple College Foundation, Our website, and Our services, as opposed to any foreign or regional law that might relate to intellectual property rights, privacy rights, collection of data, or other rights.
Policy Regarding Children
We do not knowingly collect or maintain any information from any person under 18 years of age, and no part of Our services or Our website is communicated directly to any person under 18 years of age. If We learn that User Information of any person under 18 years of age, then We may take appropriate steps to delete that User Information.
Merger, Sale, Bankruptcy or Other Event
As We continue to develop Our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets. If We are acquired by, or merged with, any other entity, We reserve the right to assign or transfer any User Information that We have collected; and, for any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, your User Information might be transferred or disclosed to third parties.
Limitation of Liability