USER AGREEMENT

Effective Date: January

22, 2020

 

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 Ride Fiik Services (defined below) provided by Ride Fiik LLC  (“Ride Fiik”) 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 Ride Fiik Rental Agreement, Waiver of Liability, and Release

(“Agreement”).

The services provided by Ride

Fiik and Ride Fiik Owner Affiliates include (1) Ride Fiik mobile application

and related website, (2) Ride Fiik Vehicles (“Vehicle” or “Vehicles”), (3)

discretionary charging of the Vehicle per Section 1.15 below, and (4) all other

related equipment, personnel, services, applications, websites, and information

provided or made available by Ride Fiik (collectively, the “Ride Fiik”). In

addition to the Terms of Service, located at https://www.ridefiik.com/terms,

You expressly agreed to when you signed up for Ride Fiik, You should CAREFULLY

READ all terms and conditions before entering into this Agreement, but here is

a partial list of some of the terms that Ride Fiik 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, AND ASSUMPTION-OF-RISK PROVISIONS AND

A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR

MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW.

The Vehicle must be

locked at the conclusion of the ride. If the Vehicle is not locked, the trip

will continue, and You will continue to be charged. The max charge for a single

trip is $100 for 24 hours. For more details, please refer to Section 2.3 below.

Upon conclusion of Your

ride, the Vehicle must be parked at a lawful parking spot, i.e. the Vehicle

cannot be parked on unauthorized private property or in a locked area or in any

other non-public space. All applicable laws (including, without limitation, those

applicable to traffic, pedestrians, parking, charging and electric Vehicles)

must be obeyed, including any helmet or other protective gear laws in Your

area. You must promptly report any damaged or malfunctioning Vehicles to Ride Fiik

via the Ride Fiik mobile application (the “Ride Fiik App”) or via e-mail at support@ridefiik.com

Ride Fiik and its Owner Affiliates 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 U.S. dollars.

1. GENERAL RENTAL AND USE

OF VEHICLE.

 

1.1 Rider is Sole User.

Ride Fiik, its Owner Affiliate and the Rider are the only parties to this

Agreement. The Rider is the sole renter and is solely responsible for

compliance with all terms and conditions contained herein. You understand that

when You activate a Vehicle from the location, the Vehicle must be used only by

You. You must not allow others to use a Vehicle that You have activated from

the location.

1.2 Rider is At Least 18

Years. 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, and is reasonably competent and physically fit to

ride the Vehicle. You can find materials on the Vehicle operation here. This

information may be updated periodically. 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 Ride Fiik Owner Affiliates. Rider agrees that the Vehicle

and any equipment attached thereto, at all times, remain the exclusive property

of Ride Fiik Owner Affiliates. You must not dismantle, write on, or otherwise

modify, repair or deface a Vehicle, any part of a Vehicle, or other attached

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 attached equipment, for any advertising or other commercial purpose without

the express written permission of Ride Fiik.

1.5 Vehicle Operating

Hours and Vehicle Availability. Rider agrees and acknowledges that the Vehicles

are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must

be rented within the maximum rental time limits set forth below. The number of

Vehicles are limited and Vehicle availability is never guaranteed.

1.6 Vehicle May be Used

and/or Operated only in the Geo Fenced area indicated on the Ride Fiik App.

Rider agrees to only use, operate, and/or ride the Vehicle in metropolitan

areas.

1.7 Rider Must Follow

Laws Regarding Use and/or Operation of Vehicle. 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 the Ride Fiik Services.

1.8 Prohibited Acts.

Rider agrees to the following: Ride Fiik recommends against operation of a

Vehicle while carrying or holding a briefcase, backpack, bag, or other item

that can alter balance or impair safe operation of the Vehicle. If You choose

to use such an item, Ride Fiik recommends that You ensure the item fits snugly

to Your body and does not impede Your ability to operate the Vehicle safely.

You must not place heavy objects on the handlebar of the Vehicle, such as heavy

backpacks or bags. While riding a Vehicle, You undertake not use any cellular

telephone, text messaging device, portable music player, or other device that

may distract You from operating the Vehicle safely. You undertake 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

undertake not carry any heavy or abnormally large carry-on, second person or

child on a Vehicle. You may only use locking mechanisms provided by Ride Fiik.

You may not add another lock to the Vehicle or lock a Vehicle to anything. The

Vehicle must be parked at a lawful parking spot, in an upright position using

the kickstand. The Vehicle cannot be parked on unauthorized private property,

in a locked area, 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.

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

regulation.

1.10 Weight and Cargo

Limits. You must not exceed the maximum weight limit for the Vehicle (220

pounds).

 

1.11 No Tampering. You

must not tamper with, attempt to gain unauthorized access to, or otherwise use

the Ride Fiik Services other than as specified in this Agreement.

 

1.12 Reporting of Damage

or Crashes. Rider must report any accident, crash, damage, personal injury, or

stolen or lost Vehicle to Ride Fiik 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.

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.

1.13 Rider Responsibility

for Vehicle Use and Damage. Rider agrees to return the Vehicle to Ride Fiik in

the same condition in which it was rented. Rider will not be responsible for

normal wear and tear.

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 entirety). 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 Vehicle. 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 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. Alternatively, in

Rider’s sole discretion, Rider may charge the Vehicle only by plugging a proper

manufacturer-approved charging cord into an outlet that may be lawfully used

for such purpose. Rider agrees to follow all laws and rules pertaining to the

charging of the Vehicle, including all state and local laws and all public and

private rules and regulations pertaining to the area and to the property where

Rider is charging the Vehicle. Rider agrees that he/she is responsible for all

costs, charges, fees, expenses, penalties, and fines associated with the

charging of the Vehicle, and that Ride Fiik will not reimburse Rider for such.

Consistent with Section 1.15, 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 charging of 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 Ride Fiik 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.

2. PAYMENT AND FEES.

 

2.1 Fees. Rider may use

the Vehicle on a pay per ride basis or as otherwise in accordance with the

pricing described in the Fiik mobile application. In each case, fees and other

charges may be subject to applicable taxes and other local government charges,

which may be charged and collected by Ride Fiik. Ride Fiik will charge the

Rider (through credit, or debit card or through another agreed payment method)

the amount of the fees as described in this Agreement.

2.2 Promo Codes. Promo

codes (discounts) are one-time offers and can be redeemed only via the Fiik

App. Ride Fiik reserves the right to modify or cancel discounts at any time.

Discounts are limited to one per customer and account and may not be combined

with other offers. Discounts are non-transferable and may not be resold.

2.3 Maximum Rental Time

and Charges. Maximum rental time is 10 hours. Rider agrees that Rider will

deactivate the Vehicle rental within 10 hours of renting a Vehicle. Rider may

then rent again. Rider agrees that he/she is solely responsible for being aware

of any elapsed time related to the timely locking of the Vehicle. The maximum

day charge is $100 and is based on a calendar day. After return of the Vehicle,

Rider will be charged the accumulated rental charges, or the maximum day

charge, whichever is less. Vehicles not returned (locked and a ride concluded)

within 48 hours will be considered lost or stolen, and Rider may be charged up

to $500 and a police report may be filed. Ride Fiik may also charge a service

fee of $25 for rentals in excess of 10 hours where the Vehicle is not lost or

stolen.

2.4 Valid Credit Card or

Debit Card. To be registered to use the Ride Fiik Services, Rider must provide

Ride Fiik with a valid credit or debit card number and expiration date. Rider

represents and warrants to Ride Fiik that Rider is authorized to use any credit

or debit card Rider furnishes to Ride Fiik. Rider authorizes Ride Fiik to

charge the card for all fees incurred by Rider. All fees are subject to

applicable sales taxes and other local government charges, which may be charged

and collected by Ride Fiik. If Rider disputes any charge on Rider’s credit or

debit card account, then Rider must contact Ride Fiik within 10 business days

from the end of the card billing period at dispute@rideFiik.com with the

disputed charge, and provide to Ride Fiik 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 Ride Fiik of all changes relating to

the card.

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 Ride Fiik Owner Affiliates, Ride Fiik,

at its sole discretion, may choose to charge You a pick-up fee up to $80. 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 (currently $80.00) to recover the Vehicle.

Fees are subject to change.

3. ADDITIONAL TERMS OF

USE.

 

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 all brakes and lights; (iii) good condition of the

frame; (iv) sufficient battery charge power; and (iv) 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 at alert@rideFiik.com

to notify Ride Fiik of any problems.

3.2 Lost or Stolen Vehicle.

A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned

within 10 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 Ride Fiik

believes such movement was not caused by another Rider or authorized third

party, or (e) other facts and circumstances that suggest to Ride Fiik in its

reasonable, good faith determination that a Vehicle has been lost or stolen.

Ride Fiik and You agree that the last Rider of a Vehicle shall be responsible

for a lost or stolen Vehicle unless facts and circumstances suggest otherwise

to Ride Fiik in its reasonable, good faith determination. If Ride Fiik deems a

Vehicle lost or stolen, Ride Fiik 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 Ride Fiik’s computer is

conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees

to report Vehicle disappearance or theft to Ride Fiik immediately or as soon as

possible at alert@rideFiik.com.

3.3 Helmets; Safety. Ride

Fiik recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved

helmet that has been properly sized, fitted and fastened according to the

manufacturer’s instructions. Ride Fiik 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 Ride Fiik

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 Ride Fiik does not provide or maintain places to ride Vehicles, and

that Ride Fiik 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 Ride Fiik 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. Ride Fiik 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.

3.6 Limitations on

Availability of Ride Fiik Services. Ride Fiik makes every effort to provide

Ride Fiik Services 365 days per year, but does not guarantee that Ride Fiik

Services will be available at all times, as unforeseen events or other

circumstances might prevent Ride Fiik from providing the Ride Fiik Services.

Access to Ride Fiik Services is also conditioned on the availability of

Vehicles. Ride Fiik does not represent or warrant the availability of any of

Ride Fiik Services or the availability of any Vehicle at any time. Rider agrees

that Ride Fiik may require Rider to return a Vehicle at any time.

4. TERMINATION.

 

4.1 Termination by Ride Fiik.

At any time and from time to time, and without Rider’s consent, Ride Fiik may

unilaterally terminate Rider’s right to use the Ride Fiik Services, in Ride Fiik’s

sole discretion and without any notice or cause. Rider may terminate Rider’s

use of the Ride Fiik Services at any time; furthermore (i) at its discretion no

refund will be provided by Ride Fiik, (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 Ride Fiik Services,

regardless of how the Agreement is terminated.

5.1 Confidentiality of

Information; Privacy Policies. You understand and agree that all personal

information that is held by Ride Fiik and pertains to Riders, including all

names, addresses, phone numbers, email addresses, passwords, payment

information, and other information will be kept by Ride Fiik in accordance with

its privacy policy located at www.rideFiik.com/privacy

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 Ride Fiik 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 Ride Fiik 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 Ride Fiik 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 Ride Fiik

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 Ride Fiik 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 (3) 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. Ride Fiik may

be contacted by emailing help@rideFiik.com.

 

8. Choice of Law; Dispute

Resolution. This Agreement is governed by, and must be construed and enforced

in accordance with, the laws of the State of Florida, 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 Florida and agrees that those courts have personal

jurisdiction over each party; (iii) venue must be in Miami.

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

lawsuit.

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 administered by JAMS, or alternatively a

mutually agreed upon arbitrator or arbitration service, under the applicable

commercial arbitration rules for JAMS or the mutually agreed upon arbitration

service, excluding any rules or procedures governing or permitting class

actions. 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 jurisdiction. To the extent the filing fee for the

arbitration exceeds the cost of filing a lawsuit, Ride Fiik 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 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 RIDE FIIK 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 PROCEEDING.

If any court or

arbitrator determines that the class action waiver set forth in this paragraph

is void or unenforceable for any reason or that an arbitration can proceed on a

class basis, then the arbitration provision set forth above shall be deemed

null and void in its entirety and the parties shall be deemed to have not

agreed to arbitrate disputes.

9.5 Litigation of

Intellectual Property and Small Claims Court Claims 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: Ride Fiik, 4624 N. Powerline Road, Pompano

Beach, Florida 33073. The notice must be sent within 30 days of the effective

date or your first use of the Service, whichever is later, otherwise you shall

be bound to arbitrate disputes in accordance with the terms of those

paragraphs. If you opt-out of these arbitration provisions, Ride Fiik also will

not be bound by them.

9.7 Changes to this

Section Ride Fiik 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 period. For any

dispute not subject to arbitration you and Ride Fiik agree to submit to the

personal and exclusive jurisdiction of and venue in the federal and state

courts located in Miami, Florida. 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 Ride Fiik. This Agreement contains the complete, final, and

exclusive integrated agreement between the parties with respect to its subject

matter. This Agreement supersedes all other prior agreements, written or oral,

relating to such subject matter. At any time and from time to time, and without

Rider’s consent, Ride Fiik may unilaterally amend, modify, or change this

Agreement, in its sole discretion. By continuing to use any of the Ride Fiik

Services after any amendment, modification, or change, Rider has agreed to be

bound by all such amendments, modifications, and changes. Rider 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, Ride Fiik will post a notification on the Website. The pricing set

forth on the Website supersedes all pricing set forth in this Agreement.

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 pronoun forms.

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 Ride Fiik. 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

Ride Fiik Services, Vehicles, and other equipment or related information

provided by Ride Fiik and / or its Owner Affiliates, Rider agrees to fully

release, indemnify, and hold harmless Ride Fiik and all of its owners,

managers, affiliates, partners, subsidiaries, employees, contractors, 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)

with which the operators have contracted with to provide Ride Fiik Services,

and every sponsor of any of the Ride Fiik Services and all of the sponsor’s

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 Ride Fiik Services, Vehicles, 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 released are intended to be general and complete

releases of all Claims. “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 Ride Fiik Services, including any of the

Vehicles, placement, equipment, maintenance, related information, this

agreement or (b) Rider’s use of any of the foregoing. To the fullest extent

permitted by law, and as to Rider’s use of any of the Ride Fiik Services,

Vehicles, or related equipment, Ride Fiik and all other Released Persons

disclaim all express and implied warranties, including warranties of

merchantability and fitness for a particular purpose. All of the Ride Fiik Services,

Vehicles, and related equipment are provided “as is” and “as available,” and

Rider relies on them at Rider’s own risk. Rider is aware that Rider’s use of

any of the Ride Fiik Services, Vehicles, 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; pedestrians;

traffic; Vehicle or component malfunction; road conditions; weather conditions;

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

3.1; failure to wear a helmet where required by law; and negligent acts or omissions

by Ride Fiik, 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 Ride Fiik,

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 Ride Fiik Services, and expressly waives Rider’s

rights under any statutes that purport to preserve Rider’s unknown claims.

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 Vehicle. I certify that I am the

Rider, I am 18 years old or over, I will wear a helmet and any other safety

gear where required by law, I will not ride a Fiik branded scooter with another

occupant or an unreasonably heavy load, 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 this Agreement.

  • Facebook
  • Instagram

© 2020 by Ride Fiik LLC