WAIVER OF LIABILITY AND RELEASE
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING
TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
In consideration of Your use of any of the Services (defined below)
provided by Operator (defined below), Operator requires that You
(“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs,
agents, affiliates, representatives, successors, and assigns) agree to
all terms and conditions in this Rental Agreement, Waiver of Liability
and Release (“Agreement”).
For purposes hereof, “Operator” shall mean Gbike USA, Inc., or the
applicable its subsidiary providing the Services.
The services provided by Operator include, among other things, (1) the
rental and/or use of the electric vehicles it operates (whether owned or
leased) (“Vehicle” or “Vehicles”), and (2) all other related equipment,
support, services, and information provided or made available by
Operator (collectively, the “Services”).
In addition, use of Services may require use of a mobile application
(“App”) developed and owned by a provider of technology services (the
“Technology Service Provider”). The App is subject to the Technology
Services Provider’s Terms of Service, which you expressly agreed to when
you signed up for the App. You further understand and agree that all
personal information that is held by Technology Services Provider and
pertains to Riders, including all names, addresses, phone numbers, email
addresses, passwords, payment information, and other information will be
kept by Technology Services Provider in accordance with its Privacy
You should CAREFULLY READ all terms and conditions before entering into
this Agreement. Here is a partial list of some of the terms that
Operator wants to bring to Your initial attention in the event You are
on a smartphone or other device with a small screen. Capitalized terms
have the meanings given to them where defined in this Agreement.
• THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, ASSUMPTION-OF-RISK
PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR
LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO
SECTIONS 9 AND 15 BELOW
• You must end each ride on the App at the conclusion of the ride. If
you fail to do so, You will continue to be charged up to certain amount
as decided by the Operator.
• Upon conclusion of Your ride, the Vehicle must not be parked at a
prohibited parking spot, i.e., unauthorized private property, in a
locked area, blocking the right of way, or in any other unapproved
• All applicable laws and regulations (including, without limitation,
those applicable to traffic, pedestrians, parking, and charging
Vehicles) must be obeyed, including any helmet laws in Your area. See
• You must promptly report any damaged or malfunctioning Vehicles to
Operator via the App or e-mail. Operator expressly agrees to let, and
the Rider expressly agrees to take on, rental of the Vehicle subject to
the terms and conditions set out herein. Unless otherwise indicated, all
monetary values set forth in this Agreement shall be deemed to be
denominated in United States dollars.
1. GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider is Sole User. Operator and the Rider are the only
parties to this Agreement. Except as expressly permitted by Gbike under
Section 1.17: (a) The Rider is the sole renter and is solely responsible
for compliance with all terms and conditions contained herein; (b) You
understand that when You activate a Vehicle, the Vehicle must be used
only by You; and (c) You must not allow others to use a Vehicle that You
1.2 Rider is At Least 18 Years Old. Rider represents and
certifies that Rider is at least 18 years old.
1.3 Rider is a Competent Vehicle Operator. Rider represents and
certifies that he/she is familiar with the operation of the Vehicle, is
reasonably competent and physically fit to ride the Vehicle, and has
reviewed the safety materials provided by Operator via the App and/or
other materials. By choosing to ride a Vehicle, Rider assumes all
responsibilities and risks for any injuries or medical conditions. You
are responsible for determining whether conditions, including, without
limitation, rain, fog, snow, hail, ice, heat or electrical storms, make
it dangerous to operate a Vehicle. You are advised to adjust Your riding
behavior and braking distance to suit the weather, visibility,
surrounding environment, and traffic conditions.
1.4 Vehicle is the Exclusive Property of Operator. Rider agrees
that the Vehicle and any Operator equipment attached thereto, at all
times, remain the exclusive property of Operator and/or its
lessors/licensors. You must not dismantle, write on, or otherwise
modify, repair or deface a Vehicle, any part of a Vehicle, or other
Operator equipment in any way. You must not write on, peel, or otherwise
modify or deface any sticker on a Vehicle in any way. You must not use a
Vehicle, or other Operator equipment, for any advertising or other
commercial purpose without the express written permission of
1.5 Vehicle Operating Hours and Vehicle Availability. Rider
agrees and acknowledges that the Vehicles may not be available 24 hours
a day, 7 days/week, 365 days per year. Vehicles must be rented during
operating hours and within the maximum rental time limits set forth
below. The number of Vehicles are limited and Vehicle availability is
never guaranteed. Rider agrees that Operator may require Rider to return
a Vehicle at any time.
1.6 Operating Area. Rider agrees not to use, operate, and/or ride
the Vehicle in any no-ride zone or outside permitted service areas, and
further agrees not to move or transport the Vehicle except as expressly
authorized by Operator.
1.7 Rider Must Follow Laws Regarding Use and/or Operation of
Rider agrees to follow all laws pertaining to the use, riding, parking,
charging, and/or operation of the Vehicle, including all state and local
laws and the rules and regulations pertaining to Vehicles in the area
where You are operating the Vehicle, including any helmet laws. Rider
also agrees to act with courtesy and respect toward others while using
1.8 Prohibited Acts. Rider agrees to the following:
• Operator recommends against operation of a Vehicle while carrying or
holding a briefcase, backpack, bag, or other item that can alter
balance, add extra weight, or impair safe operation of the Vehicle. If
You choose to use such an item, You do so at your own peril; Operator
recommends that You ensure the item fits snugly to Your body or is
otherwise secured, and does not impede Your ability to operate the
• You must not place any objects on the handlebar of the Vehicle, such
as backpacks or bags.
• While riding a Vehicle, You must not use any cellular telephone, text
messaging device, portable music player, or other device that may
distract You from operating the Vehicle safely.
• You must not operate a Vehicle while under the influence of any
alcohol, drugs, medication, or other substance that may impair Your
ability to operate a Vehicle safely.
• You must not carry a second person or child on a Vehicle.
• You may only use locking mechanisms provided by Operator. You may not
add another lock to the Vehicle or lock a Vehicle other than in
accordance with Operator’s instructions.
• The Vehicle must not be parked at a prohibited parking spot. The
Vehicle cannot be parked on unauthorized private property, in a locked
area, blocking the right of way, or in any other unapproved non-public
space. You should not park the Vehicle in heavily trafficked areas if
the Vehicle is in danger of being knocked down.
• The Vehicle must be parked in a space that is visible, and in an
upright position using the kickstand.
1.9 Vehicle is Intended for Only Limited Types of Use. Rider
agrees that he/she will not use the Vehicle for racing, mountain riding,
or stunt or trick riding. Rider agrees that he/she will not operate
and/or use the Vehicle on unpaved roads, through water (beyond normal
urban riding), or in any location that is prohibited, illegal, and/or a
nuisance to others. Rider agrees that he/she will not use the Vehicle
for hire or reward, nor use it in violation of any law, ordinance or
1.10 Weight and Cargo Limits. You must not exceed the maximum
weight limit for the Vehicle.
1.11 No Tampering; No Unauthorized Use. You must not tamper with,
attempt to gain unauthorized access to, or otherwise use the Services
other than as specified in this Agreement.
1.12 Reporting of Damage or Crashes; Traffic Violations and
Rider must report any accident, crash, damage, personal injury traffic
violation, or stolen or lost Vehicle or related equipment provided or
made available by Operator to Operator as soon as possible. If a crash
involves personal injury, property damage, or a stolen Vehicle, Rider
shall file a report with the local police department within 24 hours.
Rider agrees that he/she is responsible and liable for any misuse,
consequences, claims, demands, causes of action, losses,
liabilities, damages, injuries, costs and expenses, penalties,
attorney’s fees, judgments, suits or disbursements of any kind or
nature whatsoever related to a stolen or lost Vehicle or related
equipment provided or made available by Operator.
• YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR
ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF
COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE
COMPANY OR AGENT. TO THE EXTENT YOU HAVE AUTOMOTIVE OR ANY OTHER
INSURANCE THAT WOULD COVER ANY CLAIMS, YOU AGREE THAT SUCH INSURANCE
WOULD BE PRIMARY AND NON-CONTRIBUTORY.
Rider agrees that traffic violations and related citations, fines or
impound charges are at the risk and expense of the Rider, including in
connection with improper or unauthorized parking at the end of the
Rider agrees and acknowledges that Operator may cooperate with law
enforcement to provide any information necessary as they may request or
may otherwise be required.
1.13 Rider Responsibility for Vehicle Use and Damage. Rider
agrees to return the Vehicle and related equipment provided or made
available by Operator to Operator in the same condition in which it was
rented. Operator reserves the right to charge You for damage to the
Vehicles and related equipment provided or made available by Operator
caused by you or others (including any vandalism), water damage, or
theft, up to the value of the Vehicle (or any related equipment provided
or made available by Operator, if applicable) plus administrative and
processing fees. Rider will not be responsible for normal wear and tear
incurred in the ordinary use of the Vehicle or related equipment
provided or made available by Operator.
1.14 Electric Vehicle. The Vehicle is an electric vehicle that
requires periodic charging of its battery in order to operate. Rider
agrees to use and operate the Vehicle safely and prudently in light of
the Vehicle being an electric vehicle and all of the limitations and
requirements associated therewith. Rider understands and agrees with
each of the following:
• The level of charge power remaining in the Vehicle will decrease with
use of the Vehicle (over both time and distance), and that as the level
of charge power of the Vehicle decreases, the speed and other
operational capabilities of the Vehicle may decrease (or cease in their
• The level of charging power in the Vehicle at the time Rider initiates
the rental or operation of the Vehicle is not guaranteed and will vary
with each rental use.
• The rate of loss of charging power during the use of the Vehicle is
not guaranteed and will vary based on the Vehicle, road conditions,
weather conditions, and other factors.
• It is Rider’s responsibility to check the level of charge power in the
Vehicle and to ensure that it is adequate before initiating operation of
• The distance and/or time that Rider may operate the Vehicle before it
loses charging power is never guaranteed.
• The Vehicle may run out of charging power and cease to operate at any
time during Rider’s rental of the Vehicle, including before reaching
Rider’s desired destination.
1.15 No Charging of Vehicle. If the Vehicle runs out of charging
power during a rental, Rider shall conclude the ride in compliance with
all terms of this Agreement.
Rider agrees that he/she is responsible and liable for any misuse,
consequences, claims, demands, causes of action, losses,
liabilities, property or fire or other damages, injuries, costs, and
expenses, penalties, attorney’s fees, judgments, suits, or
disbursements of any kind or nature whatsoever related to Rider
charging or attempting to charge the Vehicle. By choosing to charge
a Vehicle, Rider assumes full and complete responsibility for all
related risks, dangers, and hazards, and Rider agrees that Operator
and all other Released Persons (defined below in Section 15) are not
responsible for any injury, damage, or cost caused by Rider with
respect to any person or property, including the Vehicle itself,
directly or indirectly related to the charging of the Vehicle.
1.16 Mobile Device Requirements and Active Internet Connection.
Unless otherwise instructed by Operator in writing, to activate Services
with the App, You must use a smartphone or any other (mobile) device
that meets the technical requirements for and is compatible with the
App. Certain functions of the App, such as the possibility to register
with the Technology Services Provider, to unlock, rent and end the
rental of the Vehicle require that the App has an active network
connection. You are responsible for the availability and costs of Your
mobile data communication services. You are also responsible for
ensuring that Your mobile device has adequate battery capacity. Neither
Operator nor Technology Services Provider shall be responsible if You
are unable to unlock, use or end the ride of the Vehicle as a result of
lost or interrupted network connection, mobile device malfunction, or
depleted battery. You shall remain responsible for and Operator may
charge You all costs (including rental fees) incurred until the ride is
1.17 Group Rides. Operator and/or Technology Services Provider
may permit You (“Host”) to activate multiple Vehicles for rental.
(a) Host obligations. The Host shall be jointly and severally liable for
compliance with all terms and conditions of this Rental Agreement by all
guest riders (“Guests”), for payment of all and other charges associated
with such Vehicles, and for all claims, injuries or other damage caused
or suffered by Guests. Host acknowledges and agrees that each Guest
shall personally read and agree to this Agreement and the applicable
agrees to this Agreement and acknowledges its responsibilities and
• All Guests are 18 years of age or older.
• Host assumes full responsibility for damages and injuries caused by
Host or Guest(s).
• Only one rider will be permitted per Vehicle.
• Host will pay for all of the rides using Host’s account.
• Host agrees to indemnify Operator, Technology Services Provider, and
compensate any Guest for any bodily injuries.
• Host has provided Guests with the opportunity to review this Agreement
on Host’s mobile device.
• Host agrees to be responsible for parking of all Vehicles; fees
incurred as a result of bad parking may be passed onto Host.
(b) Guest Obligations. Prior to riding a Vehicle as a Guest, Guest shall
enter its email address in the App and agree to all applicable terms and
conditions of this Agreement.
2. PAYMENT AND FEES.
2.1 Fees. Rider may use the Vehicle in accordance with the
pricing described in the App, which may include a ride start fee, fees
based on distance or time (with time rounded up to the nearest minute),
and/or a required minimum fee. Pricing is subject to change. In each
case, fees and other charges may include applicable taxes and other
local government charges. You will be charged (through credit card,
debit card, or another agreed payment method) the amount of the fees as
described in this Agreement and the App, including any recurring payment
Rider agrees that Operator may, in its sole discretion, pay all traffic
tickets, costs/fees imposed in respect of violations, impound fees,
fines and/or charges related to Rider’s actions on Rider’s behalf
directly to the appropriate authority or applicable party. If Operator
is required to pay and/or process such fees or associated costs, Rider
agrees that Operator may charge You for the amount paid plus a
reasonable administration charge for dealing with these matters; You
will be provided notice of any such costs or fees.
Rider acknowledges that Operator may be obligated pursuant to rules,
regulations, ordinances or laws of Municipalities or other applicable
authorities to charge You fines or fees for Your actions in violation of
such rules, regulations, ordinances or laws. Rider agrees that Operator
may charge You for these fines or fees as required. You will be provided
notice of any such fines or fees charged to You.
In the event Operator uses a third party collection and/or
administrative agent to resolve any tickets, damages, infringements of
law or of this Agreement, fines and/or penalties, Rider agrees to pay
all costs and collection fees including, but not limited to,
administrative and legal costs to such agent upon demand without
2.2 Referral and/or Promotional Codes.
Operator may, in its sole discretion, create referral and/or promotional
codes (“Promo Codes”) that may be used for discounts or credits on
Services or other features or benefits provided by Operator, subject to
any additional terms that Operator establishes. You agree that Promo
Codes: (i) must be used for the intended audience and purpose, and in a
lawful manner; (ii) may not be duplicated, sold or transferred in any
manner, unless expressly permitted by Operator; (iii) may be disabled by
Operator at any time for any reason without liability to Operator; (iv)
may only be used pursuant to the specific terms that Operator
establishes for such Promo Code (and to the extent applicable, the
Technology Services Provider); (v) are not valid for cash; (vi) may be
subject to quantity or value limits; and (vii) may expire prior to your
use. Operator reserves the right to withhold or deduct credits or other
features or benefits obtained through the use of the referral system or
Promo Codes by you or any other user in the event that it determines or
believes that the use of the referral system or use or redemption of the
Promo Code was in error, fraudulent, illegal, or otherwise in violation
of this Agreement or specific terms applicable to such Promo Codes.
2.3 Maximum Rental Time and Charges. Rider agrees that Rider will
deactivate the Vehicle rental within 24 hours of renting a Vehicle.
Rider may then rent again. Rider agrees that he/she is solely
responsible for being aware of the length of any elapsed ride time.
After return of the Vehicle, Rider will be charged the accumulated
Rental time will be calculated from the moment of unlocking the Vehicle
through the App until the Rider receives the confirmation through the
App that the ride has been ended. If You end the ride incorrectly, this
may result in the ride not being terminated. If the ride is not ended
properly, the ride will continue and the Rider will continue to be
charged. If you have technical issues terminating a ride for any reason,
You should report this through the App immediately. Failure to report an
issue in terminating a ride may result in continued charges.
Vehicles and related equipment provided or made available by Operator
not returned (with the ride concluded) within 48 hours will be
considered lost or stolen, and Rider may be charged up to the value of
the Vehicle (and related equipment provided or made available by
Operator) plus administrative and processing fees. Operator may also
charge additional service fees for rentals in excess of 24 hours where
the Vehicle is not lost or stolen.
2.4 Valid Payment Method. To be registered to use the Services,
Rider must provide a valid credit, debit card or prepaid card number and
expiration date or other valid payment method information. Rider
represents and warrants to Operator that Rider is authorized to use any
credit, debit or prepaid card or other payment method information Rider
furnishes to Operator. By providing your payment method, You agree that
Operator is authorized (through the Technology Services Provider and/or
any third party payment providers) to charge You for your ride and any
other fees incurred by Rider under this Agreement, including all
applicable governmental and regulatory charges and applicable sales and
When you provide a payment method or in accordance with Operator
policies, our system will attempt to verify the information you entered.
We may do this by processing an authorization hold, which is a standard
practice. We do not charge you in connection with this authorization
hold. If Your payment method expires and You do not update your
information or cancel your account, You authorize us to continue
billing, and You will remain responsible for any uncollected amounts. We
reserve the right to retry billing all payment method(s) on file after
any failed billing attempt. You will remain liable for all such amounts
and all costs incurred in connection with the collection of these
amounts, including, without limitation, bank overdraft fees, collection
agency fees, reasonable attorneys’ fees, and arbitration or court
If Rider disputes any charge on Rider’s payment method, then Rider must
contact Operator within 10 business days from the end of the month with
the disputed charge, and provide to Operator all trip information that
is necessary to identify the disputed charge, such as the date of the
trip and the approximate starting and ending times of the ride
associated with the disputed charge. Rider agrees to immediately inform
Operator of all changes relating to the payment method.
If You have agreed to make automatic or recurring payments, such
payments will continue until You cancel or Your account is terminated.
You can cancel by following the instructions on the App. If You cancel,
You may use any remaining balance on your account but may not be able to
continue using Services until You have reauthorized an applicable
payment method. Operator may continue to charge your payment method for
any additional fees or charges incurred under this Agreement.
2.5 Pick Up Fees. If You are unable to return a Vehicle to a
valid area (i.e. You deactivate the Vehicle on private property, a
locked community, or another unreachable area), and request that the
Vehicle be picked up by Operator staff, Operator, at its sole
discretion, may charge You a pick-up fee. If any Vehicle accessed under
Your account is abandoned without notice, You will be responsible for
all trip fees until the Vehicle is recovered and deactivated, plus a
service charge to recover the Vehicle. Fees are subject to change.
3.1 Safety Check. Before each use of a Vehicle, Rider shall
conduct a basic safety inspection of the Vehicle, which includes
inspecting the following: (i) trueness of the wheels; (ii) safe
operation of the throttle, all brakes and lights; (iii) good condition
of the frame; (iv) sufficient battery charge power; and (v) any sign of
damage, unusual or excessive wear, or other open and obvious mechanical
problem/maintenance need. Rider agrees not to ride the Vehicle if there
are any noticeable issues, and to immediately notify customer service to
alert Operator of any problems.
3.2 Lost or Stolen Vehicle. A Vehicle (or any related equipment
provided or made available by Operator) may be deemed lost or stolen if
(a) the Vehicle or such related equipment is not returned within 24
consecutive hours, (b) the Vehicle’s GPS unit is disabled, (c) the
Vehicle is parked on unauthorized private property, in a locked area, or
in any other non-public space for more than ten minutes after a ride
ends, (d) the Vehicle moves more than thirty feet after a rental has
ended and Operator believes such movement was not caused by another
Rider or authorized third party, or (e) other facts and circumstances
that suggest to Operator in its reasonable, good faith determination
that a Vehicle or related equipment has been lost or stolen. Operator
and You agree that the last Rider of a Vehicle shall be responsible for
a lost or stolen Vehicle or related equipment unless facts and
circumstances suggest otherwise to Operator in its reasonable, good
faith determination. If Operator deems a Vehicle or related equipment
lost or stolen, Operator shall have the authority to take any and all
actions it deems appropriate (with respect to the last Rider of a
Vehicle or otherwise), including (without limitation) obtaining
restitution and other appropriate compensation and damages and filing a
police report with local authorities. Rider agrees the data generated by
Operator’s systems (including those provided by Technology Services
Provider) is conclusive evidence of the period of use of a Vehicle or
related equipment by a Rider. Rider agrees to report Vehicle or related
equipment disappearance or theft to Operator immediately or as soon as
3.3 Helmets; Safety. Riders shall comply with all applicable
helmet laws and regulations. Operator recommends that all Riders wear a
helmet meeting appropriate standards (Snell, CPSC, ANSI or ASTM
approved, or meeting Federal Motor Vehicle Safety Standard No. 218 (49
C.F.R. Sec. 571.218), as applicable) that has been properly sized,
fitted and fastened according to the manufacturer’s instructions.
Operator and all other Released Persons (defined below in Section
15) do not represent or warrant the quality or safety
characteristics of any helmet, and Rider agrees that none of the
Released Persons is liable for any injury suffered by Rider while
using any of the Services, whether or not Rider is wearing a helmet
at the time of injury. Rider assumes all risk of not wearing a
helmet or other protective gear.
Rider may need to take additional safety measures or precautions not
specifically addressed in this Agreement.
3.4 Vehicle Routes. Rider agrees that Operator does not provide
or maintain places to ride Vehicles, and that Operator does not
guarantee that there will always be a safe place to ride a Vehicle.
Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous
due to weather, traffic, or other hazards.
3.5 Limitations on Vehicle Rental. Rider agrees that Operator is
not a common carrier. Alternative means of public and private
transportation are available to the general public and to Rider
individually, including public buses and rail service, taxis, and
pedestrian paths. Operator provides Vehicles 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 Vehicle on their own and who
have agreed to all terms and conditions of this Agreement.
4. Termination. At any time and from time to time, and without
Rider’s consent, Operator may unilaterally terminate Rider’s right to
use the Services, in Operator’s sole discretion and without any notice
or cause. Rider may terminate Rider’s use of the Services at any time;
provided, however, that (i) no refund will be provided by Operator, (ii)
the term of this Agreement continues in accordance with this Agreement,
and (iii) Rider may still be charged any applicable additional fees in
accordance with this Agreement. This Agreement remains in full force and
effect, in accordance with its terms and conditions, after any
termination of Rider’s right to use any of the Services, regardless of
how the Agreement is terminated.
5. Confidentiality of Information; Privacy Policies. You
understand and agree that all personal information that is held by
Operator (or shared with Operator by Technology Services Provider in
including all names, addresses, phone numbers, email addresses,
passwords, payment information, and other information, will be kept by
6. License to Image and Likeness. For good and valuable
consideration, the receipt and adequacy of which are hereby
acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1)
give Your full and unconditional consent to Operator and its affiliates,
successors, and assigns to use at any time and from time to time,
without any restriction, Your appearance and voice in photographs,
videos, and other recordings related to Your use of the Services, on all
websites and for all press, promotional, advertising, publicity, and
other commercial purposes, including all formats and media, whether now
known or hereafter devised, throughout the world and in perpetuity; (2)
grant to Operator and its affiliates, successors, and assigns (a) the
right to photograph, videotape, and otherwise record Your appearance and
voice related to Your use of the Services, at any time and from time to
time, (b) all rights, copyrights, title, and interests in the results of
such photographs, videos, and other recordings, as a work for hire for
copyright purposes, and (c) the right to use, reproduce, exhibit,
distribute, transmit, alter, and exploit, at any time and from time to
time and as Operator may decide in its sole discretion, such
photographs, videos, and other recordings, or any component thereof, and
all related merchandising, promotions, advertising, and publicity; and
waive, release, and discharge all Released Persons from all Claims
(defined below in Section 15) that You have or may have for any
libel, defamation, invasion of privacy, right of publicity,
infringement of copyright, or violation of any right granted by You
in this paragraph.
7. Notice. Operator may be contacted by emailing firstname.lastname@example.org
or by mail at 962 Calle Bella Glendale CA 91208.
8. Choice of Law; Dispute Resolution. Except as set forth in this
paragraph 8 and paragraph 9, this Agreement is governed by, and must be
construed and enforced in accordance with, the laws of the State of
California, excluding principles of conflicts of laws. 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 California and agrees that those courts have
personal jurisdiction over each party; (iii) venue must be in Los
Angeles, California. Interpretation and enforcement of paragraph 9,
including Sections 9.1 to 9.7, shall be governed by the Federal
Arbitration Act, 9 U.S.C. § 1 et seq with respect to interpretation and
enforcement of all provisions of this Agreement pertaining to
9. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1 Initial Dispute Resolution. Rider Support is available via
the App to address any concerns you may have regarding your use of a
Vehicle and/or this Agreement. The parties shall use their best efforts
through this support process to settle any dispute, claim, question, or
disagreement and engage in good faith negotiations which shall be a
condition to either party initiating mediation, arbitration, or a
9.2 Binding Arbitration
If the parties do not reach an agreed upon solution through the support
process, then either party may initiate binding arbitration as the sole
means to resolve claims, subject to the terms set forth below.
Specifically, all claims arising out of or relating to use and rental of
a Vehicle, this Agreement, and the parties’ relationship with each other
shall be finally settled by binding arbitration. The substantive law of
the State of California shall govern the underlying dispute, but the
Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the
interpretation and enforcement of all provisions of this Agreement
pertaining to arbitration (Sections 9.1 to 9.9). The arbitration shall
be administered by mutually agreed upon arbitrator or arbitration
service, under the applicable rules mutually agreed upon arbitration
service, excluding any rules or procedures governing or permitting class
actions. In addition to the foregoing, the following procedures shall
govern the arbitration, unless any of these procedures are determined by
the arbitrator to be inconsistent with the applicable rules of the
agreed upon arbitration service or the fair administration of the
• Each party may take one deposition of an opposing party or of one
individual under the control of the opposing party. No additional
depositions of percipient witnesses shall be permitted unless agreed to
by the parties.
• Written discovery requests shall be limited to 15 interrogatories and
15 requests for production per side unless otherwise agreed by the
• The parties shall maintain the confidential nature of the arbitration
proceeding and any award, including any hearing, except as may be
necessary to prepare for or conduct the arbitration hearing on the
merits, or except as may be necessary in connection with a court
application for a preliminary remedy, a judicial challenge to an award
or its enforcement, or unless otherwise required by law. To preserve
this confidentiality and to protect trade secrets and other potentially
sensitive commercial or personal information or documents, the
arbitrator shall enter an appropriate protective order upon the request
of either party.
The arbitrator, and not any federal, state or local court or agency,
shall have exclusive authority to resolve all disputes arising out of or
relating to the interpretation, applicability, enforceability or
formation of this Agreement, including, but not limited to any claim
that all or any part of this Agreement are void or voidable, or whether
a claim is subject to arbitration. The arbitrator shall be empowered to
grant whatever relief would be available in a court under law or in
equity. The arbitrator’s award shall be written, and binding on the
parties and may be entered as a judgment in any court of competent
For any dispute arising out of or relating to this Agreement, the
prevailing party is entitled to recover its costs, expenses, and
reasonable attorneys’ fees and costs (whether incurred at mediation,
arbitration 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. The parties also understand that an
arbitrator’s ruling that a party was less than 50% at fault constitutes
a finding that such party is the prevailing party.
Parties that fail to submit to arbitration in accordance with the terms
of this Section 9 agree to pay any reasonable attorneys’ fees and/or
costs associated with the other party compelling arbitration, including,
but not limited to, motions or counter-claims for breach of contract.
The parties agree that where one party pays for arbitration fees/costs,
those amounts shall not be disclosed to the other party until after the
arbitration has completed.
To the extent the filing fee for the arbitration exceeds the cost of
filing a lawsuit, Operator will pay the additional cost. The arbitration
rules also permit you to recover attorney’s fees in certain cases. The
parties understand that, absent this mandatory provision, they would
have the right to sue in court and have a jury trial. They further
understand that, in some instances, the costs of arbitration could
exceed the costs of litigation and the right to discovery may be more
limited in arbitration than in court.
9.3 Location. The arbitration will take place in Los Angeles,
California or a mutually agreed upon location.
9.4 Class Action Waiver. The parties further agree that any
arbitration shall be conducted in their individual capacities only and
not as a class action or other representative action, and the parties
expressly waive their right to file a class action or seek relief on a
class basis. YOU AND OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
9.5 Litigation of Intellectual Property and Small Claims Court
Notwithstanding the parties’ decision to resolve all disputes through
arbitration, either party may bring an action in state or federal court
to protect its intellectual property rights (“intellectual property
rights” means patents, copyrights, moral rights, trademarks, and trade
secrets, but not privacy or publicity rights). Either party may also
seek relief in a small claims court for disputes or claims within the
scope of that court’s jurisdiction.
9.6 Right to Opt Out. 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 the
following address: Gbike USA, Inc., 962 Calle Bella Glendale CA 91208. The notice must be sent
within 30 days of your first use of the Service, otherwise you shall be
bound to arbitrate disputes in accordance with the terms of those
paragraphs. Exercising your right to opt out shall not affect the
enforceability of any arbitration provisions in previous versions of
this Agreement from which you did not opt out. If you opt-out of these
arbitration provisions, Operator also will not be bound by them.
9.7 Third Party Beneficiary – Municipalities / Entities Requiring
Any Municipality or government or entity authorizing use of Service
through permit or license or other legally applicable method is an
intended third party beneficiary of this Arbitration and Class Action
Waiver provision (Sections 9.1-9.9).
9.8 Third Party Beneficiary – Manufacturer/Distributor Any
manufacturer, seller, reseller, supplier, or distributer of Vehicles
utilized by Gbike or its affiliates in connection with or related to the
Services is an intended third party beneficiary of this Arbitration and
Class Action Waiver provision (Sections 9.1-9.9).
9.9 Changes to this Section
Operator will provide prior written notice of any changes to this
section. Changes will become effective only after prior written notice
and will apply prospectively only to any claims arising after the notice
For any dispute not subject to arbitration you and Operator agree to
submit to the personal and exclusive jurisdiction of and venue in the
federal and state courts located in Los Angeles, California. You further
agree to accept service of process by mail, and hereby waive any and all
jurisdictional and venue defenses otherwise available.
10. Waiver and Severability. 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 provisions of this Agreement are
independent of and separable from each other, and no provision shall be
affected or rendered invalid or unenforceable by virtue of the fact that
for any reason any other or others of them may be invalid or
unenforceable in whole or in part.
11. 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.
12. Final Agreement; Modification by Operator. This Agreement contains
the complete, final, and exclusive integrated agreement between the
parties with respect to its subject matter. This Agreement supersedes
all other prior agreements, written or oral, relating to such subject
matter. Except for Section 9, providing for binding arbitration and
waiver of class action rights, Operator reserves the right, at its sole
discretion, to modify or replace this Agreement at any time. The most
current version of this Agreement will be posted on Operator’s website.
You shall be responsible for reviewing and becoming familiar with any
such modifications. If a revision to this Agreement, in Operator’s sole
discretion, is material, Operator will notify you by contacting you
through the email address associated with your account or via the App.
Use of the Services by you after any modification to this Agreement
constitutes your acceptance of this Agreement as modified. Pricing terms
set forth on the Website or App supersedes all pricing set forth in this
13. Contract Interpretation. The headings in this Agreement do not
affect the interpretation of this Agreement. “Or” is not to be exclusive
in its meaning. “Including” means “including, but not limited to.”
Unless the context otherwise requires, words in the singular number or
in the plural number shall each include the singular number or the
plural number. All pronouns include the masculine, feminine, and neuter
14. Voluntary Execution of this Agreement. This Agreement is entered
into voluntarily, with consideration, and without any duress or undue
influence on the part or behalf of Operator. Rider acknowledges that
he/she (a) has read this Agreement; (b) understands the terms and
consequences of this Agreement, including the releases it contains; and
(c) is fully aware of the legal and binding effect of this Agreement.
15. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for Rider being allowed to use Services, Vehicles, and other
equipment or related information provided by Operator, Rider agrees to
fully release, indemnify, and hold harmless Operator, Technology
Services Provider and all of its and their owners, managers, affiliates,
employees, contractors, fleet management service providers, officers,
directors, shareholders, agents, representatives, successors, assigns,
and to the fullest extent permitted by law any Municipality (including
its elected and appointed officials, officers, employees, agents,
contractors, and volunteers) in which Rider utilizes Services, and every
property owner or operator with whom Operator has contracted to operate
Services and all of such parties’ owners, managers, affiliates,
employees, contractors, officers, directors, shareholders, agents,
representatives, successors, and assigns (collectively, the “Released
Persons”) from liability for all “Claims” arising out of or in any way
related to Rider’s use of the Services, Vehicles, App, or related
equipment, including, but not limited to, those Claims based on Released
Persons’ alleged negligence, breach of contract, and/or breach of
express or implied warranty, except for Claims based on Released
Persons’ gross negligence or willful misconduct. Such releases are
intended to be general and complete releases of all Claims.Such releases are intended to be general and complete releases of
“Claims” means, collectively, any and all claims, injuries, demands,
liabilities, disputes, causes of action (including statutory, contract,
negligence, or other tort theories), proceedings, obligations, debts,
liens, fines, charges, penalties, contracts, promises, costs, expenses
(including attorney’s fees, whether incurred at trial, on appeal, or
otherwise), damages (including but not limited to, for personal injury,
wrongful death, property damage, and injury to rider or to third
parties, consequential, compensatory, or punitive damages), or losses
(whether known, unknown, asserted, unasserted, fixed, conditional, or
contingent) that arise from or relate to (a) any of the Services,
including any of the Vehicles, placement, equipment, maintenance,
related information, App, this Agreement or (b) Rider’s use of any of
To the fullest extent permitted by law, and as to Rider’s use of any of
the Services, Vehicles, App, or related equipment, Operator and all
other Released Persons disclaim all express and implied warranties,
including warranties of merchantability and fitness for a particular
purpose. All of the Services, Vehicles, App, and related equipment are
provided “as is” and “as available,” and Rider relies on them at Rider’s
Rider is aware that Rider’s use of any of the Services, Vehicles, App,
and related equipment involves obvious and not-so-obvious risks,
dangers, and hazards that may result in injury or death to Rider or
others and damage to property, and that such risks, dangers, and hazards
cannot always be predicted or avoided. Risks, dangers, and hazards,
include, but are not limited to:
• vehicles and other objects;
• Vehicle or component malfunction;
• road conditions;
• weather conditions;
• automated reductions in vehicle speed in “no-ride” or “low-speed”
zones to 0 mph or slow speeds as designated by local authorities or
requested by local businesses;
• failure to follow applicable laws regarding use and/or operation of
the Vehicle pursuant to Section 1.7;
• commission of any of the prohibited acts listed in Section 1.8;
• failure to perform the required safety check pursuant to Section
• failure to wear a helmet where required by law; and
• negligent acts or omissions by Operator, any other Released Person,
Rider, or third party.
Rider is solely and fully responsible for the safe operation of Vehicle
at all times. Rider agrees that Vehicles are machines that may
malfunction, even if the Vehicle is properly maintained and that such
malfunction may cause injury. Rider assumes full and complete
responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless
agreement includes any and all Claims related to or arising from the
sole or partial negligence of Operator, the Released Parties, any
Municipality or any other party. Rider hereby expressly waives any
claims against the Released Parties, any Municipality or any other party
which Rider does not know or suspect to exist in his or her favor at the
time of use of Services, and expressly waives Rider’s rights under any
statutes that purport to preserve Rider’s unknown claims.
Addendum for Personal Rental Program The following terms apply with
respect to the rental of Vehicles under the Personal Rental Program
(“Personal Rentals”). With respect to Personal Rentals, the terms of
this Addendum shall take priority over any inconsistent or contradictory
terms in the Agreement. All other terms of the Agreement shall apply.
General. Under the Personal Rentals program, Operator may rent a Vehicle
to You for Your personal use on an extended basis, such as on a weekly
or monthly basis. Except as specified in this Addendum, You are
responsible for the rented Vehicle during the entire Personal Rentals
period, including safeguarding the Vehicle at all times, storing the
Vehicle securely overnight and when not in use, and ensuring the Vehicle
has adequate charge for Your use. As a Personal Rental, the Vehicle
shall not be available for rent by other Riders. In addition, you may
not use the Vehicle for commercial purposes without Operator’s consent.
Availability. The Personal Rentals program may only be available in
select markets and for select time periods, in Operator’s discretion.
Operator may suspend or terminate the program at any time.
Delivery & Pick-Up. The rented Vehicle will be delivered at a
permissible designated location on an available delivery date that You
request, subject to availability and weather conditions. For Vehicle
pick-up, You must place the Vehicle at a permissible designated location
during available pick-up dates in accordance with instructions provided
to You. Upon return of the Vehicle, You will also be required to return
any provided equipment such as power cords and locks. You shall be
responsible for all costs associated with failure to return a Vehicle at
the scheduled date and time and in the same condition it was delivered
to you (ordinary wear and tear excepted), and for any failure to return
all other equipment provided to you.
Damage to Vehicles. In addition to Your potential responsibility for
damage to Vehicles and related equipment provided or made available by
Operator in accordance with 1.13: You should report any damage,
malfunction or other functional impairment of the Vehicle through the
App. Operator will review the information you provide and may request
additional information. After review, Operator may, in its discretion,
offer to swap the Vehicle for another Vehicle or request return of the
Vehicle, in which case it will schedule an appropriate drop-off &
delivery time with You.
Charging the Vehicle. Notwithstanding Section 1.15, you are responsible
for charging the Vehicle using a charging cord approved by Operator to
ensure the Vehicle has adequate battery capacity for your intended use.
Do not charge the vehicle when wet. If the vehicle becomes submerged in
water or there is any risk of water intrusion into the battery, do not
ride or charge the vehicle – report to Operator immediately.
The following provision of Section 1.15 remains in effect:
Rider agrees that he/she is responsible and liable for any misuse,
consequences, claims, demands, causes of action, losses, liabilities,
property or fire or other damages, injuries, costs, and expenses,
penalties, attorney’s fees, judgments, suits, or disbursements of any
kind or nature whatsoever related to Rider charging or attempting to
charge the Vehicle. By choosing to charge a Vehicle, Rider assumes full
and complete responsibility for all related risks, dangers, and hazards,
and Rider agrees that Operator and all other Released Persons (defined
below in Section 15) are not responsible for any injury, damage, or cost
caused by Rider with respect to any person or property, including the
Vehicle itself, directly or indirectly related to the charging of the
Fees. Fees for Personal Rentals shall be as specified in the App and are
non-refundable. Fees will be charged beginning on the date the Vehicle
is delivered. Fees may continue on a recurring basis until cancelled or
Maximum Rental Time. Section 2.3 of the Agreement shall not apply to
Lost or Stolen Vehicle. Section 3.2 is hereby replaced
with this paragraph. A Vehicle may be deemed lost or stolen if (a) the
Vehicle is not returned upon the expiration of the Personal Rentals
term; or (b) Operator otherwise has reasonable basis to believe the
Vehicle may be lost or stolen. If Operator deems a Vehicle lost or
stolen, Operator shall have the authority to take any and all actions it
deems appropriate, including (without limitation) obtaining restitution
and other appropriate compensation and damages and filing a police
report with local authorities. Rider agrees to report Vehicle
disappearance or theft to Operator immediately or as soon as
FOR CALIFORNIA RIDERS:
PROPOSITION 65 NOTICE
⚠️WARNING: This product can expose you to chemicals including chromium,
which is known to the State of California to cause cancer and birth
defects or other reproductive harm. For more information go to:
RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and
conditions of Section 15 Releases; Disclaimers; Assumption of Risk, and
I acknowledge that this section limits my legal rights and remedies. I
intend my assent to this Agreement to be a complete and unconditional
release of all liability to the greatest extent permitted by law. I
represent and certify that I am familiar with the operation of the
Vehicle, and am reasonably competent and physically fit to ride the
I certify that I am the Rider, I am 18 years old or over, I will wear a
helmet where required by law, I will not ride a Vehicle with another
occupant, I will obey all traffic laws, I will ride at my own risk, and
I have read and expressly agree to the terms and conditions set forth in