BICYCLE RENTAL AGREEMENT, LIABILITY WAIVER, RELEASE, INDEMNIFICATION, AND VOLUNTARY ASSUMPTION OF RISK (THE “RENTAL AGREEMENT”)
THIS RENTAL AGREEMENT CONTAINS RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. YOU SHOULD READ THIS RENTAL AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.
In consideration of Your use of any of the LouVelo Services (defined below), CycleHopLLC. ("CycleHop") requires that You ("Member", "You", or "Your") agree to all terms and conditions in this Rental Agreement. The "Services" provided by CycleHop are composed of several elements, including (1) LouVelo bicycle stations ("Stations"), (2) automated kiosks ("Kiosks"), (3) separate stands that allow the docking of LouVelo bicycles ("Bike Docks"), (4) LouVelo bicycles, and (5) all related equipment, personnel, and information.
When you enroll as a Member, You agree to be charged the membership fee plus any hourly fees set forth in Section 2 that You incur. The membership fee amount is listed on the Services' website at "www.LouVelo.com" ("Website") and is subject to applicable sales taxes and other local government charges, which may be charged and collected by CycleHop.
Your Ride Time will be calculated beginning when You unlock and remove a LouVelo bicycle from a Bike Dock. If You return the LouVelo bicycle to a Bike Dock within 60 minutes, no usage fee will be charged. If You do not return the LouVelo bicycle to a Bike Dock within 60 minutes, You will be charged the usage fees set forth in the chart below, which are subject to applicable sales taxes and other local government charges. After returning a LouVelo bicycle to a Bike Dock, You may rent another LouVelo bicycle, but only after waiting 15 seconds.
On the 12th day of each month, the total amount of all of Your usage fees will be charged to Your Account and charged against Your acceptable credit or debit card. At any time, You may access a statement of Your trip history and associated charges by logging into Your Account profile page on the Website. If You have any dispute regarding a chargeable trip, then You must, within 10 business days from the end of the prior month with the disputed charge, provide to CycleHop all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Your trip receipt, if any, indicating the date and time Your LouVelo bicycle was returned would be additional proof that the LouVelo bicycle had been properly returned. You are encouraged to maintain all trip receipts.
|Ride Time||Total Usage Fees for Members|
|00:01-30:00 minutes (00:00:01 - 00:30:00 hours)||$0.00|
|30:01-60:00 minutes (00:30:01 - 01:00:00 hours)||$0.00|
|60:01 - 90:00 minutes (01:00:01 - 01:30:00 hours)||$3.00|
|90:01 - 120:00 minutes (01:30:01 - 02:00:00 hours)||$6.00|
|120:01 - 150:00 minutes (02:00:01 - 02:30:00 hours)||$9.00|
|150:01 - 180:00 minutes (02:30:01 - 03:00:00 hours)||$12.00|
|180:01 - 210:00 minutes (03:00:01 - 03:30:00 hours)||$15.00|
|210:01 - 240:00 minutes (03:30:01 - 04:00:00 hours)||$18.00|
|240:01 - 270:00 minutes (04:00:01 - 04:30:00 hours)||$24.00|
|270:01 - 300:00 minutes (04:30:01 - 05:00:00 hours)||$27.00|
|300:01 - 330:00 minutes (05:00:01 - 05:30:00 hours)||$30.00|
|330:01 - 360:00 minutes (05:30:01 - 06:00:00 hours)||$33.00|
|360:00 minutes (> 06:00:00 hours)||$36.00|
|1440:00 minutes (> 24:00:00 hours)||up to $1,200.00|
The data generated by the Services' computer is conclusive evidence of the period of use of a LouVelo bicycle by a Member. Your use of the Services is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the LouVelo bicycle, until the LouVelo bicycle is found or returned to a Bike Dock. If the LouVelo bicycle is not returned to a Bike Dock within a period of 24 consecutive hours, then the LouVelo bicycle is deemed lost or stolen and Member's credit or debit card will be charged a lost bike fee of up to $1,200, and a police report may be filed by CycleHop with local authorities. The LouVelo bicycle must be returned by Member in the same condition in which it was rented. If the LouVelo 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 cost of repair. Such fees may be charged as soon as 24 hours after the LouVelo bicycle is not returned or is returned in a damaged state. CycleHop will attempt to contact Member via telephone and email before charging the Member's credit or debit card, by using the contact information provided by Member when subscribing to the Services. For any disappearance of a LouVelo bicycle that was released on Member's account, Member must report the disappearance by filing a formal police report with the local police department and also notify CycleHop within 24 hours following the disappearance.
If Member’s system key is lost or damaged, a replacement may be obtained by calling 1 (502) 373-2500 or by emailing info@LouVelo.com and reporting the loss or damage. A replacement fee of $10 for the lost or damaged key will be charged, and a replacement system key will be mailed to Member’s mailing address of record. All fees are subject to applicable sales taxes and other local government charges.
You must input a valid credit or debit card number and expiration date before You will be registered to use the Services, and You must maintain a valid credit or debit card throughout the duration of Your Membership. You represent and warrant to CycleHop that You are authorized to use the credit or debit card. You authorize CycleHop to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You dispute any charge on Your credit or debit card account, then You must contact CycleHop within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform CycleHop of all changes relating to Your credit or debit card and update Your member profile on the Website. If the credit or debit card connected to Your Membership becomes invalid at any time and You do not replace it on Your Membership profile with a valid credit or debit card, CycleHop may suspend Your Membership.
IN EXCHANGE FOR YOUR BEING ALLOWED TO USE ANY OF THE SERVICES, LOUVELO BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) DO FULLY AND FOREVER RELEASE AND DISCHARGE ALL RELEASED PERSONS FROM ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED PERSON ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. SUCH RELEASES ARE INTENDED TO BE GENERAL AND COMPLETE RELEASES AND WAIVERS OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. THE RELEASED PERSONS MAY PLEAD SUCH RELEASES AS A COMPLETE AND SUFFICIENT DEFENSE TO ANY CLAIM, AND MAY DO SO AS INTENDED THIRD-PARTY BENEFICIARIES OF SUCH RELEASES, IF APPROPRIATE.
WITHOUT LIMITATION OF THE FOREGOING GENERAL RELEASES, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY APPLICABLE LAW, CYCLEHOP AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS RENTAL AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, LOUVELO BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS RENTAL AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN SECTION 5, OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY CYCLEHOP OR ANY RELEASED PERSON, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING LOUVELO BICYCLE, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF CYCLEHOP OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, LOUVELO BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, LOUVELO BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, CYCLEHOP 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, LOUVELO BICYCLES, STATIONS, BIKE DOCKS, AND RELATED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
CYCLEHOP AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, LOUVELO BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, LOUVELO BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, LOUVELO BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, AND CYCLEHOP AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST LOUVELO BICYCLE OR SYSTEM KEY.
As used in this Part II and elsewhere in this Rental Agreement "Claims" or "CLAIMS" means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at or in preparation for trial, appeal, mediation, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the LouVelo bicycles, Stations, Bike Docks, or related information, or (b) Your use of any of the foregoing. "Released Persons" or "RELEASED PERSONS" means, collectively, (i) CycleHop and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the Louisville/Jefferson County Metro Government and all of its elected and appointed officers, officials, employees, and agents, (iii) every sponsor of any of the Services and all of the sponsor's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which is located a Station and all of the property holder's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
Member is solely and fully responsible for the safe operation of the LouVelo bicycle at all times. Member understands that THIS AND other sections in this RENTAL Agreement describe and relate to the risks RELATING to Member’s use of the Services. Member affirms that Member has read, understands, and accepts the entire RENTAL Agreement.
Member agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. Member further agrees that, before any use of the Services, Member will perform the safety inspection described in Section 8, and Member will not use a bicycle that fails the safety inspection and will notify CYCLEHOP of such failure. Member agrees that riding a LOUVELO 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, LIGHT RAIL or RAIL ROAD TRACKS, WEATHER CONDITIONS, ROAD CONDITIONS, animals, ROAD KILL, vegetation, AND other permanent or temporary obstructions on or near roadways or bike paths, the possibility of criminal OR OTHER THIRD-PARTY acts OR OMISSIONS, bicycle or component malfunction, NEGLIGENT ACTS OR OMISSIONS by ANY RELEASED PERSON, 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.
Member agrees that such risks, dangers, and hazards are Member's sole responsibility including, but not limited to, choosing whether to wear a bicycle helmet or utilize other protective gear. Member 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 LouVelo bicycle, Member assumes full and complete responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards, and Member agrees that CycleHop and all other Released Persons are not responsible for any death, injury, damage, or cost caused by Member with respect to any person or property, including the LouVelo bicycle itself.
Member agrees, without limitation, to indemnify and hold harmless all Released Persons from any death, injury, or damage to MEMBER, another person OR PERSONS, or property ARISING OUT OF OR IN ANY WAY CONNECTED TO MEMBER’S USE OF THE SERVICES.
Before each use of a LouVelo bicycle, You must conduct a safety inspection of the LouVelo bicycle, which includes inspecting for all of the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) alignment of the fender and the metal rods that hold the fender in place; (vi) good condition of the frame; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You may not ride the LouVelo bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify CycleHop of all problems and issues and You must use a different LouVelobicycle. You agree to press the "Faulty Bike" button within 1 minute after docking any LouVelo bicycle that You notice has any mechanical or other problem or safety issue.
Your membership becomes valid and active upon purchase. Once You are successfully registered as a Member to use the Services, CycleHop will mail a system key to the mailing address listed by You. You must activate the system key on the Website, under the "Member Login" heading, before using the system key for the first time.
Members must insert their system key into the reader slot on the Bike Dock to remove the LouVelo bicycle from the Bike Dock. After the system key has been inserted into the reader slot, the Member has 15 seconds to remove the LouVelo bicycle from the Bike Dock. The signal light remains yellow during the validation of the Member's system key, and the signal light turns green when the LouVelo bicycle can be removed. Two sound signals are also emitted. If the LouVelo bicycle is not removed within 15 seconds, the Bike Dock locks and the Member must repeat the process described above.
To return a LouVelo bicycle, Member must secure it into an available Bike Dock. When the LouVelo bicycle is correctly docked, a sound signal will be emitted, and the signal light will turn yellow and then green to confirm that the LouVelo bicycle has been properly secured to the Bike Dock. If the LouVelo bicycle is not properly secured to the Bike Dock, then the signal light will turn red, and a longer sound signal will be emitted. If the signal light turns red, then Member must repeat the operation until the signal light turns green and the LouVelo bicycle is properly secured in the Bike Dock; however, if after several attempts the signal light does not turn green, then Member must return the LouVelo bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then Member must push the "Request Time Credit" icon on the Kiosk screen to obtain an additional 15-minute credit in which to return the LouVelo bicycle to another Station. No fee is charged to Member for the additional 15-minute credit. Any LouVelo bicycle that is not properly secured remains the sole responsibility of Member, and the usage fees set forth in Section 2 will be charged until the LouVelo bicycle is properly secured.
Member may print a receipt to confirm that the LouVelo bicycle has been properly returned to the Bike Dock, by pushing the "Print Receipts" icon on the Kiosk screen. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip.
CycleHop strongly recommends that all Members wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer's instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. CycleHop does not provide helmets and it is a Member's sole responsibility to utilize a bicycle helmet or other protective gear. CycleHop and the other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and Member agrees that CycleHop and the other Released Persons are not liable for any injury suffered by Member while using any of the Services, whether or not Member is wearing a helmet or other protective gear at the time of injury. MEMBER ASSUMES ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING and gear.
Member agrees that, when using any of the Services, Member might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.
CycleHop makes every effort to provide the Services for 365 days per year; however, CycleHop does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent CycleHop from providing the Services from time to time. Access to the Services also is conditioned on the availability of LouVelo bicycles and available Bike Docks at each Station. CycleHop does not represent or warrant the availability of any Services or the availability of any LouVelo bicycles or Bike Docks at any Station. No sponsor of LouVelo has any responsibility for providing any Services. Members should use the Websiteand/or mobile app to check the inventory of LouVelo bicycles and Bike Docks available at a Station. Member agrees that CycleHop may require Member to return a LouVelo bicycle at any time.
The term of this Rental Agreement begins when You first use the Services, and the term ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under Section 4 of this Rental Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your membership. At any time and from time to time, and without Your consent, CycleHop may unilaterally terminate Your right to use any of the Services, in CycleHop‘s sole discretion and without any notice or cause.
You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by CycleHop, (ii) the term of this Rental Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.
If You select a monthly billing option, (a) You will be responsible for monthly payments in amounts as listed on the Website at the time you enroll, billed with an annual (12-month) commitment, and (b) if You cancel your membership before your annual commitment is complete, You will be responsible for paying in full at the time you cancel the balance remaining to complete the annual commitment.
All annual memberships may be auto-renewed upon the membership period's expiration. Members who have been enrolled into auto-renew may prevent their membership from auto-renewing by deselecting the "Auto-Renew Membership" box found on the Profile page within the Member Area of the Website. Members who wish to be enrolled into auto-renew may do so by selecting the Auto-Renew Membership box found on the Profile page within the Member Area of the Website.
No sooner than thirty (30) days before and no later than one (1) year after the expiration of Your membership term, You may renew the membership on the Website, under the "Member Login" heading. If the membership is not renewed within this period of time, then You may be required to (i) take certain actions to reactivate Your old account, or (ii) create an entirely new account for a new membership. The membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if Member breaches this Rental Agreement, as decided by CycleHop in its sole discretion.
You may contact CycleHop by writing, calling, or emailing CycleHop at the street address, telephone number, and email address listed below:
350 Lincoln Rd.
Miami Beach, FL 33139
Customer Service: 1 (502) 373-2500
This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of the state of Kentucky, excluding principles of conflicts of laws.
You agree that any dispute or Claim relating in any way to Your use of the Services will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Rental Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Rental Agreement as a court would.
To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to CycleHop at 350 Lincoln Rd. Miami Beach, FL 33139. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.
YOU AND CYCLEHOP EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a Claim proceeds in court rather than in arbitration You and CycleHop each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Your decision to opt out to info@CycleHop.com with the subject line, "LOUVELO ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of Your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt out of these arbitration provisions, CycleHop also will not be bound by them.
This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
In the event that the arbitration provisions above are found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, You agree that any Claim or dispute must be resolved exclusively by a state or federal court located in Jefferson County, Kentucky. You and CycleHop agree to submit to the personal jurisdiction of the courts located within Jefferson County, Kentuckyfor the purpose of litigating all such claims or disputes.
Further, if CycleHop prevails in litigation against a Member to enforce its rights under this Rental Agreement, CycleHop shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which CycleHop may be entitled.
No waiver of any breach of any provision of this Rental Agreement is a waiver of any other breach or of any other provision of this Rental Agreement. The terms of this Rental Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to CycleHop and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to CycleHop and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as CycleHop may decide in its sole discretion, the photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
All rights and remedies granted under or referred to in this Rental Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
This Rental Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Member's consent, CycleHop may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause. By continuing to use any Services after any amendment, modification, or change, Member has agreed to be bound by all such amendments, modifications, and changes. Member must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Rental Agreement, CycleHop will post a notification on the Website. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Website supersedes all pricing set forth in this Rental Agreement.
If a court deems any provision of this Rental Agreement, including the binding arbitration and class action waiver provisions, illegal or otherwise unenforceable for any reason, Member agrees that that provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties.
MEMBER AGREEMENT TO BICYCLE RENTAL AGREEMENT
I certify that I am the Member, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement
I hereby represent that I am a parent or legal guardian of the below minor Member, who is 16 years of age or older, and that I am fully authorized to execute this Rental Agreement on behalf of myself and all other parents of legal guardians of the minor Member. I hereby give permission and consent to the minor Member’s use of the System within the terms and conditions set forth in this Rental Agreement, and have explained these terms and conditions to the minor Member. It is my decision as the minor Member’s parent or legal guardian that the System is suitable for the minor Member. I further agree to the terms and conditions set forth in this Rental Agreement, and I shall assume any and all responsibility and liability for the minor Member’s use of the System as provided by the terms of this Rental Agreement by Members. I further agree to defend and indemnify any Released Party from any and all Claims by the minor Member arising out or connected to the minor Member’s use of the System whether or not any negligence by any Released Party, in whole or in part, is alleged to have contributed to any Claims.