Register

Bicycle Rental Agreement, Liability Waiver, and Release

RVA Bike Share is a self-serve bicycle rental system (“Service”), established and managed by Richmond, by and through the Department of Transportation (the “City”), and operated and maintained by Bewegen Technologies Inc. (the “Operator”). In consideration of your use of the Service, the Operator requires that you ("Member", “You”, or “Your”) agree to all terms and conditions in this Bicycle Rental Agreement, Liability Waiver, and Release (this “Agreement”), which are intended to promote the safe use of RVA Bike Share bicycles, and which apply to all Members, as defined below. In this Agreement, "Member” includes any user of the Service who participates in any of the One Way Trip, Day Pass, Weekly Pass, Go Pass, Monthly, Annual or Founding Member options or any other Pass options that may be established by the Operator and promoted through RVA Bike Share from time to time (each, a “Member”). “Member-Related Third Party” is anyone who accesses, participates in or otherwise takes advantage of the Service through, as a result of, or pursuant to the Member’s account (including, without limitation, accessing the Service through the use of Member’s credit card), each of whom shall be deemed a third-party beneficiary hereunder.

 

Section 1 Modifications to Agreement. The Operator reserves the right to unilaterally amend, modify, or change this Agreement at any time and from time to time in its sole discretion. By continuing to use the Service after any amendment, modification, or change, Member shall be deemed to have 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 Operator will post a notification on www.rvabikeshare.com (“Website”) and send a message to the Member email on file.

 

Section 2 Term of Agreement. The term of this Agreement begins when You first use any Service, and the term ends 3 years after Your last use of any Service; provided, however, that Your personal financial responsibility under Section 14 of this Agreement (Credit Card Matters), expires one year after the later of (i) Your last use of any Service, or (ii) the expiration of Your Pass. At any time and from time to time, and without Member’s consent, the Operator may unilaterally terminate Your right to use any Service, in the Operator’s sole discretion and without cause.

 

Section 3 Service System. The Service is composed of RVA Bike Share bicycle stations (“Stations”), which include automated pay stations (“Pay Station”), and separate stands that allow the docking of RVA Bike Share bicycles (“Bike Docks”). The Stations are for the purposes of the renting, docking, and locking of RVA Bike Share bicycles, as well as the identification of Members. Under the Service, RVA Bike Share bicycles can be rented and returned to any Station, subject to the other terms and conditions set forth herein.

 

Section 4 Registration to Service. To obtain a Founding, Annual and Monthly Membership or for a Go Pass, Members must complete a registration form and create an account ("Account") at www.rvabikeshare.com. When a Member subscribes to the Service, the Operator will charge the Member’s credit card the amount for the Pass, as described in Section 5. Once a Member’s credit card payment clears, the Operator will mail a system pass to the mailing address provided by the Member. After following the online registration process, Members can check-out a bicycle immediately with the RVA Bike Share App (“App”). Once received in the mail, Members must activate the system pass on the Website, under the “Login” heading, before using the pass for the first time. The pass allows Founding Member, Annual and Monthly Members to use the Service without having to pay a per trip fee; provided, however, that Founding Member, Annual and Monthly Members must still pay the Overtime Charges as set forth in Section 7 for all trips in excess of 45 minutes (for Monthly and Annual Pass) or 60 minutes (for Founding Member Pass). Within one year after a Founding Member, Annual or a Monthly Membership expires, Members may renew the Membership on the Website under the “Login” heading. If the Pass is not renewed within this period of time, then Members may need to take certain actions to reactivate the Member’s old Account or create an entirely new Account for a new Membership. The Membership and the personal identification number and system pass related thereto are non-transferable and may be terminated if the Member breaches this Agreement, as determined by the Operator in its sole discretion. If a Membership is terminated for any reason, then no refund shall be provided.

 

Section 5 Memberships types (Founding Member, Annual Member, Monthly Member and Go Pass Member) Rates and Benefits. A Founding Membership may be purchased for $96, an Annual Membership may be purchased for $96, a Monthly Membership may be purchased for $18. Users can become a Go Pass Member at no cost. For the Go Pass, the charges will accumulate ($1.75 per trip and charges for trips in excess of 45 minutes) throughout the month and the Member’s credit card will be billed monthly. Additional Pass options exist with certain organizations designated by the City as “Community Partners,” which require eligibility verification and are priced in accordance with a separate agreement between the City and the Community Partner. Eligibility verification will be determined by input of a unique identifying field as requested by the Community Partner, by a specific Community Partner password, or by unique codes provided to you by the Community Partner.

Member may purchase a Founding Member, an Annual or a Monthly Pass only by using a Visa, MasterCard, American Express, Union Pay and Discover credit card. To become a Go Pass Member, the Member simply needs to sign up online or on the app at no cost and enter credit card information. Each month, the total amount of chargeable trips (i.e., for each trips and trips in excess of 45 minutes (for Go Pass), those trips in excess of 45 minutes (for Annual and Monthly Pass) or 60 minutes (for Founding Member Pass)) will be charged to the Member’s credit card on the same day of the month that the Member purchased his or her Founding Member, Annual, Monthly or Go Pass. Founding Member, Annual, Monthly and Go Pass Members may access the history of chargeable trips on the Website at any time, which will display all trips and extra costs incurred or to be incurred if they are not yet billed. If a Founding Member, Annual, Monthly Go Member has any claim or dispute regarding a chargeable trip, then such Member must, within 30 business days from the end of the prior month with the disputed claim, provide to the Operator the corresponding trip start and end station to identify the place and time the RVA Bike Share bicycle was rented and returned. The online history in the Member profile indicating the date and time that the RVA Bike Share bicycle was returned shall serve as additional evidence that the RVA Bike Share bicycle had been properly returned. Founding Member, Annual, Monthly and Go Members are encouraged to consult their online profiles after each trip to ensure that all information is accurate.

 

Section 6 Occasional Users (One Way Trip, Day Pass-24 h, Weekly Pass-7 days). If You do not elect to purchase a Founding, Annual and Monthly Membership or a Go Pass, You may purchase a One Way Trip, a Day Pass or a Weekly Pass hereby described as the checkout of a RVA Bike Share bike and docked back at any station, by using a Visa, MasterCard, American Express, Union Pay or Discover credit card. The charge per One Way Trip is $1.75, the charge per Day Pass is $6, the charge per Weekly Pass is $12, with tax, plus all additional Overtime Charges pursuant to the rates set forth in Section 7. When a One Way Trip, a Day Pass or a Weekly Pass User signs up to use the Service at a Station, the Operator will place an authorization hold on the One Way Trip, Day Pass or Weekly Pass User’s credit card of $35.00 for card verification purposes, and such hold could remain on the One Way Trip, Day Pass or Weekly Pass User’s credit card for a period of time to be determined by the Member’s bank's policies regarding holds. An additional $35.00 hold will be placed on the One Way Trip, Day Pass or Weekly Pass User’s credit card for each bicycle rented (maximum of 4).

Section 7 Overtime Charges. In addition to the Founding, Annual or Monthly Memberships and to the Go Pass, One Way Trip, Day Pass or Weekly Pass rates outlined in Sections 4 through 6 of this Agreement, all Members are subject to “Overtime Charges” at the rates provided in the table below. If a Member returns the RVA Bike Share bicycle to a Bike Dock within 45 minutes (for Monthly, Annual, Go Pass, One Way Trip, Day Pass and Weekly Pass) or 60 minutes (for Founding Member Pass), no Overtime Charge shall apply. A Member may remove another RVA Bike Share bicycle from a Bike Dock immediately after returning the previous RVA Bike Share bicycle.

Ride Time

Overtime Charges

Every 30 minutes after the initial ride time

$3.00


 

Section 8 Availability of Service. The Operator makes every effort to provide the Service 365 days a year, but does not guarantee that the Service will be available at all times, as weather events or other circumstances could prevent the Operator from providing the Service. Access to the Service also is conditioned on the availability of RVA Bike Share bicycles at each Station. The Operator does not represent or warrant the availability of any Service or the availability of any RVA Bike Share bicycle at any Station. Member may use the Website, App or a kiosk to determine the inventory of RVA Bike Share bicycles available at a Station.

 

Section 9.1 Removing Bicycle.

Section 9.1(a) Removing Bicycle by Founding Member, Annual, Monthly or Go Pass Members. Founding Members, Annual, Monthly and Go Pass Members must tap their system pass on the reader located below the screen between the bicycle handlebars to remove the RVA Bike Share bicycle from the Bike Dock. After the system pass has been tapped on the reader, the Founding Members, Annual, Monthly and Go Pass Members have 10 seconds to remove the RVA Bike Sharebicycle from the Bike Dock. A screen to unlock the bicycle appears when the RVA Bike Share bicycle can be removed. A sound signal is also emitted. If the RVA Bike Share bicycle is not removed within 10 seconds, the Bike Dock locks and the Founding Members, Annual, Monthly and Go Pass Members must repeat the process described above. A Founding Member, Annual, Monthly and Go Pass Member may also remove a RVA Bike Share bicycle from the Bike Dock by unlocking the bicycle through the App.

 

Section 9.1(b) Removing Bicycle by Occasional Users (One Way Trip, Day Pass-24 h, Weekly Pass-7 days). A One Way Trip, a Day Pass or a Weekly Pass User must insert a credit card into the Pay Station and obtain a temporary card that is distributed from the kiosk once the payment process is completed. The One Way Trip, Day Pass or Weekly Pass User must tap his or her temporary card on the reader located below the screen between the bicycle handlebars to remove the RVA Bike Share bicycle from the Bike Dock. A screen to unlock the bicycle appears when the RVA Bike Share bicycle can be removed. A sound signal is also emitted. If the RVA Bike Share bicycle is not removed within 10 seconds, the Bike Dock locks and the One Way Trip, Day Pass or Weekly Pass User must repeat the process described above. Each time a One Way Trip, Day Pass or Weekly Pass User would like to remove a new RVA Bike Share bicycle from a Bike Dock, the One Way Trip, Day Pass or Weekly Pass User must tap his or her temporary card on the reader located below the screen between the bicycle handlebars to remove the next RVA Bike Share bicycle. A One Way Trip, a Day Pass or a Weekly Pass User may also remove a RVA Bike Share bicycle from the Bike Dock by unlocking the bicycle through the App if they have created a user account through the App.

 

Section 9.1(c) Removing Additional Bicycles by the One Way Trip, Day Pass or Weekly Pass User. A One Way Trip, Day Pass or Weekly Pass User may remove up to four RVA Bike Share bicycles on each credit card account, and the One Way Trip, Day Pass or Weekly Pass User will be charged for the number of RVA Bike Share bicycles obtained (up to four). The One Way Trip, Day Pass or Weekly Pass User must tap his or her temporary card on the reader located below the screen between the bicycle handlebars to remove the RVA Bike Share bicycle from the Bike Dock. A screen to unlock the bicycle appears when the RVA Bike Share bicycle can be removed. A sound signal is also emitted. If the RVA Bike Share bicycle is not removed within 10 seconds, the Bike Dock locks and the One Way Trip, Day Pass or Weekly Pass User must repeat the process described above. Each time a One Way Trip, Day Pass or Weekly Pass User would like to remove a new RVA Bike Share bicycle from a Bike Dock, the One Way Trip, Day Pass or Weekly Pass User must purchase another Pass at any pay station and then tap the temporary new card on the reader located below the screen between the bicycle handlebars to remove the next RVA Bike Share bicycle.

Section 9.2 Returning Bicycles. To return the RVA Bike Share bicycle, a Member must secure it into an available Bike Dock. A sound signal is emitted, and a screen is confirming that the RVA Bike Share bicycle has been properly secured to the Bike Dock. If the RVA Bike Share bicycle is not properly secured in the Bike Dock, no screen confirming that the RVA Bike Share bicycle has been well returned will appear and a longer signal sound is emitted. If no screen confirming the return of the bicycle appears, Member must repeat the operation until the screen appears and the RVA Bike Share bicycle is properly secured in the Bike Dock. Once secured, the bicycle can no longer be removed from the Bike Dock. Members must verify that the bicycle cannot be removed from the Bike Dock each time a bicycle is returned. The Member is still responsible for the RVA Bike Share bicycle if it is not properly docked and is liable for any theft or damage that may occur until it is properly returned or retrieved by the Operator. If there is no available Bike Dock at the Station, then the Member must push the “Request More Time” icon on the Pay Station screen. In such an event, Members must tap their system pass at the Pay Station to obtain an additional 15-minute credit in which to return the RVA Bike Share bicycle to another Station. No fee is charged to Member for the additional 15-minute credit. If a docking station is full, a Member can utilize the secondary lock and secure the bicycle to a nearby bicycle rack or fixture when necessary but must call RVA Bike Share at 1-877-782-2453 (RVA BIKE) to not incur Overtime Charges; however, that Member is still responsible for the RVA Bike Share bicycle until it is retrieved by the Operator and returned to the Bike Share system. Any RVA Bike Share bicycle that is not properly secured remains the sole responsibility of Member, and the Overtime Charges set forth in Section 7 will be charged until the RVA Bike Share bicycle is properly returned as set forth in this Section.

Section 9.3 Obtaining Receipt. A One Way Trip, Day Pass or Weekly Pass User may print a receipt that shows the start station, the end station and the cos​t for any ride. To obtain a receipt, the One Way Trip, Day Pass or Weekly Pass Users must push the “My Account” icon on the Pay Station screen. One Way Trip, Day Pass or Weekly Pass Users must tap their temporary card at the Pay Station to obtain this receipt. ​ If the One Way Trip, Day Pass or Weekly Pass User inputs his or her email address at the Pay Station during the payment process, he or she will automatically receive an electronic receipt for his or her Pass. When ​​ One Way Trip, Day Pass or Weekly Pass Users tap their temporary cards at the Pay Station, they will be able to view and print their full history for their selected Pass type. When Founding Member, Annual, Monthly and Go Pass Members tap their system pass at the Pay Station, they will be able to view their rental history for the past 24 hours.

 

Section 9.4 Permitted Period of Continuous Use; Lost or Stolen Bicycle. Use of the Service is limited to a period of 10 consecutive hours (“Permitted Period of Continuous Use”). If Member maintains possession of the RVA Bike Share bicycle beyond the Permitted Period of Continuous Use, then by the 10th consecutive hour the RVA Bike Share bicycle is deemed lost or stolen, Member’s credit card will be charged a fee of $2,000, and a police report may be filed with local authorities. The Operator will attempt to contact the Member and locate the RVA Bike Share bicycle (via telephone and email) before charging the credit card, by using the contact information provided by the Member upon subscribing. The data generated by the Service’s computer shall serve as conclusive evidence of the period of use of a RVA Bike Share bicycle by a Member. For any loss of a RVA Bike Share bicycle for which a Member is held responsible, the Member must report the disappearance to the Operator and the local police department within 24 hours following the occurrence. Any use that exceeds the Permitted Period of Continuous Use is deemed lost or stolen, until the RVA Bike Share bicycle is found or returned to a Bike Dock.

 

Section 9.5 Lost or Damaged System Pass. If a Founding Member, Annual, Monthly and Go Member’s system Pass has been lost or damaged, a replacement may be purchased on the user’s online Web profile, by calling 1-877-782-2453 (RVA BIKE) or by emailing info@rvabikeshare.com and reporting that the system Pass has been lost or damaged. A replacement charge of $10 for the lost or damaged service Pass will be charged, and a replacement system Pass will be mailed to the Founding Member, Annual, Monthly and Go Pass Member’s mailing address of record. If a One Way Trip, Day Pass or Weekly Pass User’s system pass has been lost, the One Way Trip, Day Pass or Weekly Pass User must call 1-877-782-2453 (RVA BIKE) and report that the system pass has been lost. The One Way Trip, Day Pass or Weekly Pass User’s Pass will then be deactivated by customer service, and the One Way Trip, Day Pass or Weekly Pass User can then take another Pass at the Pay Station.

 

Section 10 Prohibited Acts.

a. Member must not ride a RVA Bike Share bicycle while carrying any briefcase, backpack, bag, or other item that could impede Member’s ability to operate a RVA Bike Share bicycle safely. All external items should be placed in the cargo carrier in such a way that does not create any visual obstruction or riding impediment.

b. Member must not use any cellular telephone, text messaging device, portable music player, or other device that may distract Member from safely operating a RVA Bike Share bicycle.

c. Member must not operate a RVA Bike Share bicycle while under the influence of alcohol, drugs, any medication or other substance that may impair Member’s ability to safely operate a RVA Bike Share bicycle.

d. No more than one (1) person may ride a RVA Bike Share bicycle at any time.

e. Member must not dock or lock any bicycle in any Station other than RVA Bike Share bicycles.

f. Member must not dismantle or modify a RVA Bike Share bicycle in any way. This rule does not apply to the use of the seat height adjustment feature on RVA Bike Share bicycles.

g. Member must not exceed the maximum weight limit for the RVA Bike Share bicycle (260 pounds) or the cargo carrier (45 pounds), and Member must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.

h. Member must not operate a RVA Bike Share bicycle in extreme weather conditions, including snow, hail, and electrical storms, which make it more dangerous to operate a RVA Bike Share bicycle. Member is solely responsible for operating a RVA Bike Share bicycle safely and in accordance with existing conditions. Member must adjust Member’s riding behavior and braking distance to suit the weather conditions.

i. Member must not allow others to use a RVA Bike Share bicycle that Member has removed from a Bike Dock. Member understands that when Member removes a RVA Bike Share bicycle from a Bike Dock, it is to be used only by Member. This does not apply to the Member who is checking out up to four bicycles on the one credit card. Member must not transfer or disclose Member’s system pass, digital code on the system pass, temporary passes, or any other Account information to any other person.

 

Section 11 Additional Member Obligations.

a. Member represents and warrants that Member is a safe and competent bicycle operator, is physically able to safely ride a bicycle without a risk to the Member’s health, is knowledgeable about the operation of a bicycle, and is knowledgeable about the laws pertaining to bicycles operated within Richmond. Like any physical activity, riding a RVA Bike Share bicycle may cause minor or major injuries, including death, or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a RVA Bike Share bicycle, Member assumes all responsibilities and risks for all such injuries or other medical conditions.

b. Member agrees that a bicycle is a machine that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury or possibly death. Member agrees that before using a RVA Bike Share bicycle, Member shall conduct a safety inspection of the RVA Bike Share bicycle, which includes inspecting the following: (i) the tires are not deflated; (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 agrees not to ride the RVA Bike Share bicycle if Member notices any mechanical or other problem or safety issue, and Member agrees to promptly notify the Operator of all problems and issues and to use a different RVA Bike Share bicycle.

c. Member acknowledges and agrees that the City does not guarantee that there will always be a safe place to ride a RVA Bike Share bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. Member must not use a RVA Bike Share bicycle for racing, riding off road, or any use other than safe operation on public or private roads or property and designated bicycle routes.

d. Member acknowledges and agrees that the City is not a common carrier. Alternative means of public and private transportation are available to the general public and to Member individually, including public buses and rail service, taxis, and pedestrian paths. The City provides RVA Bike Share 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 RVA Bike Share bicycle on their own and who have agreed to all terms and conditions of this Agreement.

f. Member agrees to properly secure/lock the bicycle in a location where temporary storage or parking of a bicycle is permitted by the laws, rules and regulations of Richmond when the bicycle is not being ridden.

g. Member agrees that the Operator may require Member to return a RVA Bike Share bicycle at any time at the Operator’s sole and absolute discretion.

h. Member agrees that access to the Service is denied to any person less than 18 years of age.

i. Member must report to the police and to RVA Bike Share Customer Service at 1-877-782-2453 (RVA BIKE) soon as possible, but in no event later than 24 hours, after the occurrence of any of the following events: any crash, damage, loss, or personal injury while using a RVA Bike Share bicycle; any vandalism; any stolen or lost bicycle; and any stolen or lost system pass.

 

Section 12 Additional Fees. A RVA Bike Share bicycle must be returned by the Member in the same condition in which it was rented. If the RVA Bike Share bicycle is not returned to a Bike Dock within the Permitted Period of Continuous Use, then upon the 10th hour the Member will be charged a fee of $2,000. If the RVA Bike Share bicycle is returned to a Bike Dock damaged or in a state of disrepair, then Member will be charged a fee that is equal to the actual cost of the repair. Such fees may be charged as soon as 24 hours after the RVA Bike Share bicycle is not returned or is returned in a damaged state. The Operator will attempt to contact the Member via telephone and email before charging the Member’s credit card by using the contact information provided by the Member when subscribing to the Service.

 

Section 13 Helmets. All riders are encouraged to 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 properly sized, fitted, and fastened Snell, CPSC, ANSI, or ASTM approved helmet 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 City does not represent or warrant the quality or safety characteristics of any helmet, and Member agrees that the City and Operator shall not be held liable for any injury suffered by Member while using the Service, whether or not Member is wearing a helmet at the time of injury.

 

Section 14 Credit Card Matters. You must input a valid credit card number and expiration date before You will be allowed to use the Service, and You do hereby represent and warrant that You are authorized to use the credit card (the Operator accepts only Visa, MasterCard, American Express, Union Pay and Discover credit card). You do hereby authorize the Operator to charge Your credit card for all expenses incurred on Your Account, including all additional fees and repair charges. If you dispute any charge on Your Account, then you must contact the Operator within 30 days of Your receipt of Your statement containing the disputed charge. Founding Member, Annual Monthly and Go Pass Members have an ongoing duty to update all changes relating to their credit card. A $35.00 authorization hold will be placed on a Member’s credit card when a Member signs up for the service for card verification purposes. If a One Way Trip, Day Pass or Weekly Pass User elects to secure multiple RVA Bike Share Bicycles (no more than four) then an authorization hold will be placed on the Member’s credit card for each bike rental. If the RVA Bike Share bicycle is returned within the 10-hour Permitted Period of Continuous Use, then the hold may be released within ten days, depending on the Member’s bank’s policies regarding holds. The Operator uses https://www.elavon.com (“Processor”) as the Operator’s transaction payment processor. The transmission of data to Processor and the approval of a credit card should take less than 10 seconds; however, a credit card might not allow for an overcharge/overdraft, which means that a Member’s transaction request could be denied. All denials of a transaction by a Member’s bank, all holds, and all other similar issues are the Member’s sole responsibility and should be addressed by the Member with his or her bank. The Operator will comply with all applicable laws concerning the storage and transmission of credit card information.

 

Section 15 Termination. Member may terminate Member’s use of the Service at any time, and Founding Member, Annual and Monthly Members may cancel Pass at any time; provided, however, that (i) no refund will be provided by the Operator, (ii) the term of this Agreement continues in accordance with Section 2 of this Agreement, (iii) the hold may remain on Member’s credit card account for up to 10 days, even if Member terminates Member’s use of the Service, and (iv) Member may still be charged any applicable additional fees in accordance with Sections 7 and 12 of this Agreement.

 

Section 16 Choice of Law; Dispute Resolution. This Agreement is governed by and shall be construed and enforced in accordance with the internal laws of the State of Maryland, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorneys’ 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 such party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Maryland and agrees that those courts have personal jurisdiction over each party; and (iii) venue must be in the State of Maryland. THE PARTIES, however, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY COURT IN ANY ACTION FOR THE ADJUDICATION OF SUCH CLAIM OR DISPUTE.

 

Section 17 Waiver. No waiver of any breach of any provision of this Agreement shall be deemed 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.

 

Section 18 Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

 

Section 19 Final Agreement. 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.

 

Section 20 Representations. Each party represents and warrants to the other party that: (i) it has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder; (ii) there is no contract or other legal obligation that prevents such party from entering into this Agreement or from undertaking or performing all of its duties and obligations hereunder; and (iii) this Agreement constitutes a legally binding agreement that is fully enforceable against such party.

 

Section 21 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” “Herein,” “hereunder,” and other similar terms refer to this Agreement as a whole and are not limited to the specific section on paragraph where they appear. Plural terms refer to all Members of the relevant class, and singular terms refer to one or more Members of the relevant class. All pronouns include the masculine, feminine, and neuter pronoun forms.

 

Section 22 Contact. You may contact the Operator by writing, calling, or emailing the Operator at the street address, telephone number, and email address listed below:

Bewegen Technologies Inc. / Corps Logistics, LLC.

2901 Waterview Avenue

Baltimore, MD 21230

Customer Service: 1-877-782-2453 (RVA BIKE)

info@rvabikeshare.com

 

SECTION 23 RELEASE AND INDEMNIFICATION. For purposes of this Agreement, “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 trial, on appeal or otherwise), damages (including consequential, compensatory or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional or contingent) arising from, relating to or otherwise involving, directly or indirectly, the Service, a RVA Bike Share bicycle, Station, Bike Dock, or other items related to the Service, including the use of any of the foregoing by the Member or any Member-Related Third Party. For purposes of this Agreement, “the City and its Related Parties” means, collectively, (1) the Mayor and City Council of Richmond, and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns; (2) the Department of Transportation and all of its respective elected and appointed officers, officials, employees, representatives, agents, successors, heirs, affiliates and assigns; (3) Bewegen Technologies, Inc. and all of its owners, officers, directors, affiliates, subcontractor’s including Corps Logistics, LLC. employees, agents, representatives, successors, and assigns; (4) every sponsor of the Service and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns; and (5) every holder of property on which is located a station, bike dock or related item and all of the property holder’s, owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.

AS A CONDITION PRECEDENT TO THE USE OF ANY SERVICE, RVA BIKE SHARE BICYCLE, STATION, BIKE DOCK, OR RELATED ITEMS, MEMBER (ACTING FOR MEMBER AND FOR EACH MEMBER-RELATED THIRD PARTY AND ALL OF MEMBER’S FAMILY, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, HEIRS, AND ASSIGNS) DOES HEREBY (I) RELEASE AND FULLY DISCHARGE THE MAYOR AND CITY COUNCIL OF RICHMOND, ITS ELECTED AND APPOINTED OFFICIALS, DEPARTMENT HEADS, RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, HEIRS AND ASSIGNS, AND ITS DEPARTMENTS/AGENCIES, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT OF TRANSPORTATION AND ITS RELATED PARTIES, AS DEFINED BELOW, (COLLECTIVELY THE ‘‘RELEASED PARTIES”) FROM ALL CLAIMS THAT MEMBER HAS OR MAY HAVE AGAINST THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW, AND (II) AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CLAIMS ASSERTED BY ANY MEMBER, ANY MEMBER-RELATED THIRD PARTY AND ANY OTHER THIRD PARTY WHOSE CLAIM ARISES FROM, RELATES TO OR OTHERWISE INVOLVES, DIRECTLY OR INDIRECTLY, THE USE OF THE SERVICE BY MEMBER OR A MEMBER-RELATED THIRD PARTY. THE INDEMNIFICATION SET FORTH IN THIS PARAGRAPH SHALL APPLY EVEN WHEN THE ALLEGED NEGLIGENT ACT(S) IS ATTRIBUTED TO OR CAUSED BY THE SOLE NEGLIGENCE OR OWN NEGLIGENCE OF THE OPERATOR AND/OR THE CITY AND ITS RELATED PARTIES. SUCH RELEASES, DISCHARGES AND INDEMNIFICATION OBLIGATIONS ARE INTENDED TO BE GENERAL AND COMPLETE WITH RESPECT TO ALL CLAIMS. THE RELEASED PARTIES MAY PLEAD SUCH RELEASES AS A COMPLETE AND SUFFICIENT DEFENSE TO ANY CLAIM.

Such releases are intended to be general and complete releases of all Claims. The City and its Related Parties may plead such releases as a complete and sufficient defense to any Claim.

 

Section 24 DISCLAIMERS. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT AND USEFULNESS WITH RESPECT TO ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM, WHICH ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). THE CITY AND ITS RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST IN ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM, AND THE CITY AND ITS RELATED PARTIES ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS, EXPENSES, PENALTIES, ATTORNEYS' FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATED TO A STOLEN OR LOST BICYCLE OR SYSTEM PASS.

 

Section 25 LIMITED LIABILITY. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE FROM, RELATE TO OR OTHERWISE INVOLVE, DIRECTLY OR INDIRECTLY, (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED ITEM, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE USING A RVA BIKE SHARE BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. RELEASED PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Section 26 ASSUMPTION OF RISK. MEMBER AGREES THAT BICYCLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE BICYCLE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. MEMBER AGREES THAT RIDING A 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. 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, 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’S, MEMBER’S OR ANY THIRD PERSON’S NEGLIGENT ACTS OR OMISSIONS, AND MEMBER’S UNDERLYING KNOWN OR UNKNOWN HEALTH CONDITIONS. MEMBER AGREES THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE MEMBER’S SOLE RESPONSIBILITY AND MEMBER ASSUMES ALL RELATED RISKS BY CHOOSING TO RIDE A RVA BIKE SHARE BICYCLE.

MEMBER FURTHER AGREES THAT IF MEMBER’S USE OF ANY OF THE SERVICES CAUSES ANY INJURY OR DAMAGE TO ANOTHER PERSON OR PROPERTY, THEN MEMBER MAY BE LIABLE FOR ALL RESULTING INJURIES, DAMAGES, AND RELATED COSTS. BY CHOOSING TO RIDE A RVA BIKE SHARE BICYCLE, MEMBER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISKS, DANGERS, AND HAZARDS, AND MEMBER AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY MEMBER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE BICYCLE ITSELF.

MEMBER IS SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE RVA BIKE SHARE BICYCLE AT ALL TIMES. MEMBER MAY NEED TO TAKE ADDITIONAL SAFETY MEASURES OR PRECAUTIONS NOT SPECIFICALLY ADDRESSED IN THIS AGREEMENT.

 

Section 27 Severability. If a court deems any provision of this Agreement 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.

 

Section 28 Confidentiality of Personal and Financial Data and Information. All personally identifiable information that is held by the Operator and pertains to Member, including all names, addresses, phone numbers, email addresses, and credit card numbers, will be kept confidential by the Operator; provided, however, that (i) in the event of any accident in which a Member is unable to communicate personal information to the appropriate authorities, then the Operator may, in its sole discretion, provide the Member’s name, address, phone number, and other important information to such authorities, (ii) the Operator may disclose aggregate and other data about Member to the City, including rental dates, rental locations, rental durations (including starting rental times and ending rental times), and latitude and longitude data for Member addresses (which would not allow any individual's address to be separately identified), so long as the Operator aggregates all such data prior to the City’s receipt of such data; and (iii) the Operator may disclose personally identifiable information of corporate sponsorship Member to their corporate sponsors, to the extent that the Member has consented to such disclosure.

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