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.