Rides Use Agreement
Terms, Conditions and Rental Agreement
Updated 5/27/24
THESE TERMS AND CONDITIONS AND RENTAL AGREEMENT (HEREINAFTER “AGREEMENT”) CONTAIN RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. BEFORE RENTING FIN RECREATIONAL EQUIPMENT, YOU ARE RESPONSIBLE FOR READING THIS AGREEMENT CAREFULLY AND UNDERSTANDING AND ACCEPTING ITS BINDING EFFECTS.
This Agreement is between You, the renter or borrower of Recreational Equipment, and Family Partnerships LLC dba as Rides.
I. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION.
SECTION 1 RELEASES; NO WARRANTIES.
IN EXCHANGE FOR YOUR BEING ALLOWED TO USE ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, 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, HOLD HARMLESS, PROMISE NOT TO SUE, AND DISCHARGE ALL RELEASED PARTIES FROM ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED PARTIES 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 Parties 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 OR EXPANDED BY APPLICABLE LAW, RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO:
ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT,
YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RELATED INFORMATION,
YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW OR YOUR VIOLATION OF GOOD SAFETY PRACTICES,
ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY ANY RELEASED PARTIES,
YOUR FAILURE TO WEAR RECOMMENDED OR REQUIRED PROTECTIVE GEAR, EQUIPMENT, OR CLOTHING WHILE USING THE SERVICES OR RECREATIONAL EQUIPMENT OR THE FAILURE OF SUCH PROTECTIVE GEAR, EQUIPMENT, OR CLOTHING TO PREVENT DEATH OR INJURY, OR
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 (I.E. A WRONGFUL ACT OR AN INFRINGEMENT OF A RIGHT, INCLUDING NEGLIGENCE), STATUTORY LAW, OR OTHER GROUNDS, EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, 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, Recreational Equipment, Racks, or Related Information, Released Parties disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose.
ALL OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RESOURCES AND INFORMATION PROVIDED BY RIDES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK. Released Parties do not represent or warrant that any of the Services, Recreational Equipment, Racks, or resources and information provided by Rides will be in good repair or error or defect-free. You acknowledge and agree that delays, omissions, interruptions, defects, or inaccuracies could exist with respect to any of the Services, Recreational Equipment, Racks, or resources and information provided by Rides.
YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RESOURCES AND INFORMATION PROVIDED BY RIDES, AND RELEASED PARTIES 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 RECREATIONAL EQUIPMENT THAT MAY BE LOST OR STOLEN WHILE IN YOUR POSSESSION AND CONTROL OR OTHERWISE UNLOCKED FROM THE RIDES RACKS DURING A RENTAL IN YOUR NAME.
SECTION 2 ASSUMPTION OF RISK; INDEMNIFICATION.
YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE RECREATIONAL EQUIPMENT AT ALL TIMES. You understand that this and other sections in this Agreement describe and relate to the risks relating to your use of the Services and Recreational Equipment. You agree that bicycles, e-bicycles, and other Recreational Equipment are machines that may malfunction, even if the Recreational Equipment is properly maintained, and that such malfunction may cause injury and death to You, to others, and to property.
YOU FURTHER AGREE THAT, BEFORE ANY USE OF THE SERVICES OR RECREATIONAL EQUIPMENT, YOU WILL PERFORM THE SAFETY INSPECTION DESCRIBED IN THIS AGREEMENT AND ON THE RIDES WEBSITE, YOU WILL NOT USE ANY RECREATIONAL EQUIPMENT THAT FAILS THE SAFETY INSPECTION, and you will notify Rides of such failure within a reasonable time of discovering the failure.
You agree that using the Services and Recreational Equipment involves many inherent, obvious, and not-so-obvious risks, dangers, and hazards which may result in injury or death to Yourself or others, and may result in damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. The risks inherent in the use of the Services and Recreational Equipment includes but are not limited to those described below.
Inherent Risks of the Use of Bicycles and E-bicycles
Use of Bicycles and E-bicycles is not without risk. Certain risks are inherent in bicycling and cannot be eliminated without destroying the unique character of the activity of bicycling. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to equipment, or accidental injury, illness or, in extreme cases, permanent trauma or death. You hereby contractually agree that such risks exist and that the below risks are inherent to the activity of bicycling and e-bicycling. The following describes some, but certainly not all, of those risks:
Changing weather conditions;
Mechanical failure of the equipment;
Loss of balance;
Difficulty or inability to control one’s speed and direction;
Variation or steepness in terrain;
Rapid or uncontrolled acceleration on hills and inclines;
Rapid or uncontrolled acceleration on turning
(especially w/ pedal assist e-bicycles)
Variation or changes in the cycling surface including holes or depressions in the roads;
Collision with unmarked, hidden, visible, man-made or natural obstacles or hazards on or adjacent to the cycling terrain;
Encounters with wildlife, collision with pedestrians, vehicles or other cyclists;
Becoming lost;
Failure to cycle safely or within one’s own ability or within designated areas;
Negligence of other participants; and
NEGLIGENCE ON THE PART OF RIDES OR THEIR STAFF.
You are aware and agree that use of Bicycles and E-bicycles entails risks, known and unknown, that may result in injury or death to any participant. YOU UNDERSTAND AND AGREE THAT THE DESCRIPTION OF THESE INHERENT RISKS IS NOT COMPLETE and that other unknown or unanticipated inherent risks may result in injury or death. YOU AGREE TO ASSUME AND ACCEPT FULL RESPONSIBILITY FOR THE INHERENT RISKS IDENTIFIED HEREIN AND THOSE INHERENT RISKS NOT SPECIFICALLY IDENTIFIED.
YOUR PARTICIPATION IN THE SERVICES AND USE OF RECREATIONAL EQUIPMENT IS PURELY VOLUNTARY, no one is forcing You to participate, and You elect to participate in spite of and with full knowledge of the inherent risks. You acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that You have responsibilities as a participant. You acknowledge that Rides has provided resources regarding the use of the Recreational Equipment that has been made available through its website, mobile application, email, and phone to more fully explain to You the nature and physical demands of this activity and the inherent risks, hazards and dangers associated with this activity, and it is Your responsibility and within your own discretion to seek out the information. You further acknowledge and agree that Rides shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, education, information, advertising, products, or materials on or available from Ride’s Platform or resources including videos, tutorials, or signage.
You further agree that if Your use of any of the Services or Recreational Equipment causes any injury or damage to another person or property, You may be liable for all resulting injuries, damages, and related costs. BY CHOOSING TO USE THE SERVICES AND RECREATIONAL EQUIPMENT, YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISKS, DANGERS, AND HAZARDS, AND YOU AGREE THAT RIDES AND ALL OTHER RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY YOU WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE EQUIPMENT ITSELF.
YOU AGREE, WITHOUT LIMITATION, TO INDEMNIFY AND HOLD HARMLESS ALL RELEASED PARTIES FROM ANY DEATH, INJURY, OR DAMAGE TO YOURSELF, ANOTHER PERSON OR PARTIES, OR PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES OR RECREATIONAL EQUIPMENT.
II. FEES.
SECTION 1 MEMBERSHIP.
A Rides account-holder is also known as a Rides “Member,” and a Rides account is also known as a Rides “Membership.” Being a Member and having a Membership does not create any special benefits of Membership or obligations by Rides to You beyond those described in this Agreement. Nor does Membership create a duty of care by Rides to You or Member. MEMBERS USE RIDES’ SERVICES AND RECREATIONAL EQUIPMENT AT THEIR OWN RISK. Membership and access to the Services and Recreational Equipment may be revoked at anytime and for any reason at the sole discretion and judgment of Rides. At any time and from time to time and without Your consent, Rides may unilaterally terminate Your right to use any of the Services and Recreational Equipment in Rides’ sole discretion and without any notice or cause.
When you create an account or Membership, You agree to be charged any applicable fees set forth on the Platform plus any fees that You incur as described below.
SECTION 2 TRIP AND SURCHARGE FEES.
Your rental period (“Trip”) will be calculated beginning when You unlock any Recreational Equipment from a Rack. You will be charged the applicable usage fees set forth on the Platform, which may be subject to applicable sales taxes and other local government charges. After returning Recreational Equipment to a Rack, You may rent another piece of Recreational Equipment which will begin a new Trip.
Use of certain Recreational Equipment may incur surcharges at amounts listed on the Platform. If You use Recreational Equipment that incurs a surcharge, You will be charged the surcharge in addition to any other applicable Membership and usage fees.
Your usage fees will be charged against Your acceptable credit or debit card at the end of each Trip. You may access a statement of Your Trip history and associated charges at any time by logging into Your Account profile page on the Platform. If You have any dispute regarding a chargeable Trip, then You must, within seven (7) business days of the disputed charge, provide to Rides 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 You returned the Recreational Equipment would be additional proof that the Recreational Equipment had been properly returned. You are encouraged to maintain all Trip receipts.
SECTION 3 SUBSCRIPTIONS AND FEES.
A “subscription” is a single payment that grants a Rides Member unlimited use of any Recreational Equipment for a prescribed period of time. Subscriptions may be purchased for one-year or one month periods of time. Subscriptions renew automatically at the end of the Subscription period unless the Member cancels the automatic renewal. A Member may cancel the automatic renewal of a Subscription by logging into the Member’s account and cancelling the automatic renewal at least 24 hours prior to the date of the then-current Subscription being renewed. Subscription fees are listed on the Rides Platform. The Membership and the personal identification number or system key related to an Account or Rides Membership are non-transferable and may be terminated if Member breaches this Agreement, as decided by Rides in its sole discretion.
SECTION 4 LOST OR DAMAGED RECREATIONAL EQUIPMENT; ADDITIONAL FEES.
The data generated on Rides’ computers by Your use of the Services is conclusive evidence of the period of Your use of Recreational Equipment. Any use of Recreational Equipment that extends beyond the official time of sunset on the day of use is deemed a disappearance of the Recreational Equipment until the Recreational Equipment is found or returned to a Rack. If the Recreational Equipment is not returned to a Rack within one hour after the official time of sunset, then the Recreational Equipment is deemed lost or stolen, and Your credit or debit card will be charged a lost equipment fee of up to $1,500, and a police report may be filed by Rides with local authorities.
You must return the Recreational Equipment in the same condition in which it was rented. If the Recreational Equipment is returned to a Rack damaged or in a state of disrepair, then You 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 Recreational Equipment is not returned or is returned in a damaged state. Rides will attempt to contact You via telephone and email before charging the Your credit or debit card, by using the contact information You provided when creating an account.
For any disappearance of a Recreational Equipment that was rented on Member’s account, You must report the disappearance by filing a formal police report with the local police department and also notify Rides within 24 hours following the disappearance.
Equipment must stay within the Geofenced areas defined on the Platform. If you exit these areas during your Trip, Your credit or debit card may be charged a fee of up to $100. Bicycles and E-bicycles may not be transported or moved by any other mode of transportation. No loading or unloading and transport by trailer, truck, Kauai Bus, airplane, boat, vehicle bike rack or other form of transport. Bicycles and E-Bicycles must be used in the designated geofenced areas per the map on the app and website. Use of these areas or transport by power other than the Bicycle, E-Bicycle, or walking operator is strictly prohibited.
SECTION 5 CREDIT AND DEBIT CARD MATTERS.
You must input a valid credit or debit card number and expiration date before You will be registered to use the Services and Recreational Equipment. You represent and warrant to Rides that You are authorized to use the credit or debit card. You authorize Rides 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 Rides within ten (10) days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Rides of all changes relating to Your credit or debit card and update Your member profile on the Platform.
IV. RENTAL AGREEMENT AND ADDITIONAL TERMS OF USE – BICYCLES AND E-BICYCLES.
SECTION 1 PROHIBITED ACTS
You may not ride a Bicycle or E-bicycle if You are under 16 years of age. A minor who is 16 years of age or older may only use the Services and Bicycle or E-bicycle if the minor’s Membership is subscribed for by, and the minor is under the responsibility of, the minor’s parent or legal guardian. By authorizing use of the Services and Bicycle or E-bicycle by a minor, the parent or legal guardian (i) agrees that he or she is fully and completely responsible and liable for all injuries, death, damages, costs, and expenses arising from or related to the minor’s use of the Bicycle or E-bicycle
Services and Bicycle or E-bicycle, and (ii) represents, warrants, and agrees that he or she is the minor’s parent or legal guardian and that he or she and the minor have all accepted and agreed to all terms and conditions of this Agreement.
You must not conduct yourself in any manner or otherwise impede the safe operation of the Bicycle or E-bicycle while using the Bicycle or E-bicycle, unless in an emergency situation. Such prohibited conduct includes operating a Bicycle or E-bicycle while under the influence of any alcohol, drugs, medication, or other substance; use any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device; carrying any backpack, bag, or other item on the Bicycle or E-bicycle or on your person.
Each Bicycle and E-bicycle is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) while using a Bicycle and E-bicycle or in the basket.
You may not Rack or lock any Bicycle or E-bicycle other than a Rides Bicycle or E-bicycle in or to any Rack.
You may not bring a Bicycle or E-bicycle in a car, truck, SUV, Trailer, Public transport vehicle or ride or transport a Bicycle or E-bicycle outside of the Geofenced areas found within the Rides Platform.
You may not use any locking mechanism other than the locking mechanism provided by Rides at the Rack to lock a Bicycle or E-bicycle to a Rack.
You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for Bicycle and E-bicycle riders.
You may not modify, dismantle, write on, or otherwise alter or deface a Bicycle, E-bicycle or any part of a Bicycle or E-bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Bicycle or E-bicycle in any way. You may not use a Bicycle or E-bicycle for any advertising or similar commercial purpose.
You may not attach anything to a Bicycle or E-bicycle, including but not limited to baskets, cupholders, electric drives, child seats, trailers, or tandem Bicycles.
You may not exceed the maximum weight limit for the Bicycle or E-bicycle (260 pounds) or the cargo carrier (17 pounds), and You may not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
You may not allow others to use a Bicycle or E-bicycle that You have removed from a Rack. You understand that when You remove a Bicycle or E-biycle from a Rack, the Bicycle may be used only by You. You may not transfer Your unlock information any other unique Member information to any other person.
YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE THE RISKS OF INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.
SECTION 2 YOUR RESPONSIBILITY TO ASSESS CONDITIONS AND PERSONAL COMPETENCY.
It is Your responsibility to assess whether You are physically able and reasonably competent to safely operate the Bicycle or E-bicycle. It is recommended that a Bicycle or E-bicycle not be used or operated in poor or dangerous weather or road conditions, current or forecasted, including snow, hail, ice, sleet, freezing rain, high winds, hurricane, flooding, wildfire, tsunami, driving and heavy rain, or electrical storms, which could make it more dangerous to operate a Bicycle or E-bicycle. It is Your responsibility to assess the applicable weather conditions, both current and future or forecasted, to assess the potential and changing challenges brought by such conditions, and to make decisions regarding the physical and environmental conditions in which You use the Bicycle or E-bicycle. You agree that Rides is under no obligation or duty to provide guidance to You in making Your assessment or decisions regarding Your use of Rides’ Services and Bicycle. It is Your responsibility to adapt Your behavior to the weather conditions and, if appropriate, return Your Bicycle or E-bicycle to an available Rack.
SECTION 3 BICYCLE SAFETY INSPECTION
Before each use of a Bicycle or E-bicycle, You must conduct a safety inspection of the Bicycle or E-bicycle, which includes inspecting for all of the following:
proper tire pressure;
trueness of the wheels (i.e. the wheels spin without a warp or wobble);
safe operation of all brakes (front and back) and lights;
proper and secure attachment of the seat, pedals, and basket;
alignment of the fender and the metal rods that hold the fender in place (i.e. fender should not rub on or make contact with tire or wheel);
good condition of the frame (i.e. no visible damage); and
no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need.
You may not ride the Bicycle or E-bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Rides of all observed problems and issues, and You must use a different Bicycle or E-bicycle. You agree to report an issue within the Rides App within a reasonable time after Racking any Bicycle or E-bicycle that You notice has any mechanical or other problem or safety issue. You must not attempt to repair any Bicycle or E-bicycle on your own.
SECTION 4 REMOVING BICYCLE or E-BICYCLE FROM A RACK.
To remove a Bicycle or E-bicycle for use, You must use the App to scan the QR code located on the Bicycle or E-bicycle which will allow the smart ring lock to automatically release the rear tire of the Bicycle or E-bicycle and will release cable securing the bicycle to the rack. Remove the cable from the lock. The Bicycle or E-bicycle will now be ready for adjustment and your ride.
SECTION 5 RETURNING BICYCLE OR E-BICYCLE TO A RACK.
To return a Bicycle or E-bicycle, secure it into an available Rack, end your ride in the App, lock the smart ring lock to secure the rear tire, and insert the cable which secures the Bicycle or Ebicycle to the Rack. You must then take a picture of the Racked Bicycle to verify the security and condition of the Bicycle or E-bicycle and include visual evidence of the lock closed, cable attached to the Bicycle or E-bicycle and Rack, and of no damage to the Bicycle or E-bicycle. Any Bicycle or E-bicycle that is not properly secured remains Your sole responsibility, and the usage fees set forth in Section II will be charged until the Bicycle or E-bicycle is properly secured. If You fail to properly secure a Bicycle or E-bicycle to end your Trip, Rides may charge You a recovery and re-Racking fee of $45.
SECTION 6 HELMETS; SAFETY.
Rides strongly recommends that all users 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 that is 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. BICYCLE HELMETS, HOWEVER, ARE NOT 100% EFFECTIVE, DO NOT PROTECT AGAINST ALL HEAD INJURIES, AND DO NOT PROTECT AGAINST OTHER INJURIES.
**Rides provides helmets, and it is Your sole responsibility to utilize a Bicycle helmet or other protective gear. Released Parties do not represent or warrant the quality or safety characteristics of any helmet, and You agree that the Released Parties are not liable for any injury suffered by You while using any of the Services or Recreational Equipment, whether or not You are wearing a helmet or other protective gear at the time of injury. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER SAFETY OR PROTECTIVE GEAR, EQUIPMENT, OR CLOTHING. You agree that, when using any of the Services or Recreational Equipment, You might need to take additional safety measures and precautions that are not specifically addressed in this Agreement.
It is highly recommended that you carry a cell phone in on your person during your Trip. You understand and agree that RIDES IS UNDER NO OBLIGATION TO HELP OR RESCUE YOU if needed. You agree that Rides is not liable or responsible for loss or damage of Your device. Further, Rides does not represent or warrant that cell coverage will be available or consistent during the course of your Trip.
SECTION 7 ADDITIONAL TERMS OF USE
Cycling Areas: YOU REPRESENT, WARRANT, AND AGREE THAT RIDES AND THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR PROVIDING OR MAINTAINING AREAS OR ANY OTHER PLACE WHERE YOU MAY RIDE BICYCLES OR E-BICYCLES, AND THAT RIDES AND THE OTHER RELEASED PARTIES DO NOT GUARANTEE THAT THERE WILL ALWAYS BE A SAFE PLACE TO RIDE A BICYCLE OR E-BICYCLE. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Bicycle or E-bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and routes designated for bicycles or electric bicycles, as applicable.
SECTION 8 LIMITATIONS ON AVAILABILITY OF BICYCLES OR E-BICYCLES.
Rides does not guarantee that the Services and Recreational Equipment will be available at all times, as force majeure events or other circumstances might prevent Rides from providing the Services and Recreational Equipment from time to time.
Rides reserves the right to suspend its Services for any reason at any time including suspension of Services based on weather or cycling conditions, such as forecasted high winds, foul weather, road construction, etc. Season open and close is not predetermined and will vary based on conditions and other considerations by Rides.
V. MISCELLANEOUS
SECTION 1 EQUIPMENT ACCESS & AREAS OF USE
Access to the Services and Recreational Equipment is conditioned on the availability of Recreational Equipment at each Rack. Rides does not represent or warrant the availability of any Services or the availability of any Recreational Equipment at any Rack. No sponsor of Rides including the Cliffs at Princeville has any responsibility for providing any Services and Recreational Equipment. You may use the Platform to check the inventory of Recreational Equipment at a Rack. You agree that Rides may require Member to return a piece of Recreational Equipment at any time, and if such a demand is made, You will need to return the piece of equipment immediately upon request.
The Rides Services and Recreational Equipment are available for use only within defined areas (the “Geofence”). You must stay within these areas defined on the Platform. If you exit the areas, intentionally or unintentionally, you may be charged the fee described in Section II.
SECTION 2 MEANS OF TRANSPORTATION
You represent, warrant, and agree that Rides, The Cliffs at Princeville, and the other Released Parties are not common carriers and provide this Service as a means of recreation only. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Rides provides the Services and Recreational Equipment only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate the Recreational Equipment on their own and who have agreed to all terms and conditions of this Agreement.
SECTION 3 INCIDENTS
You must report to the police and to Rides at as soon as reasonably possible after the occurrence of:
any crash, damage, loss, or personal injury while using a piece of Recreational Equipment,
any vandalism of any of the Services or Recreational Equipment,
(iii)and any stolen or lost Recreational Equipment.
SECTION 4 TERM AND TERMINATION.
The term of this Agreement begins when You first create an account on the Rides Platform, also known as a Membership. The term of this Agreement ends 10 years after Your last use of the Services and Recreational Equipment provided, however, that Your personal financial responsibility under Section II of this Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services and Recreational Equipment, or (ii) the expiration of Your Membership. At any time and from time to time, and without Your consent, Rides may unilaterally terminate Your right to use any of the Services and Recreational Equipment, in Rides’ sole discretion and without any notice or cause. You may terminate Your use of the Services and Recreational Equipment at any time, and, in the event that You terminate this Agreement, You agree that (i) no refund will be provided by Rides, (ii) the term of this Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Agreement. This 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.
SECTION 5 DEFINITIONS.
“Bicycle” “E-bicycle” and “Bicycles” “E-bicycles” means those owned and rented by Rides.
“Rides” means and includes Family Partnerships LLC & Rides by Family Partnerships.
“Geofenced” area means the area outlined and described on the Rides Website or App that defines the area within which the Recreational Equipment must remain.
“Member” means a Rides account holder or user of Rides Services and Equipment.
“Membership” means a Rides account.
“Platform” means, collectively, the Rides Mobile Application and Rides Website, www.rides.go
“Racks” are Rides structures into which Bicycles and E-bicycles are stored and locked.
“Racking” is the act of storing and locking Bicycles and E-bicycles by the user into a Rides Rack.
“Recreational Equipment” means and includes Bicycles, E-bicycles, and other equipment provided as part of a Rides rental.
“Released Parties” means and includes (1) the entities of Rides, Rides by Family Partnerships, Family Partnerships LLC, The Cliffs at Princeville, and any other Rides affiliiates, partners, or subcontractors (2) any past or present officers, directors, and employees of the entities just described in their individual and official capacities, (3) any past or present subsidiaries, affiliates, owners, equity holders, members, managers, agents, representatives, officers, directors, partners, fiduciaries, insurers, attorneys, successors, or assigns of the entities just described, (4) and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which User utilizes Services, and every property owner or operator with whom Rides has contracted to operate Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns. Including but not limited to the Cliffs at Princeville.
“Safety Inspection” is the process of reviewing the Recreational Equipment for damage and the proper functioning of the Recreational Equipment prior to its use. A description of the pre-Trip required safety inspection is found on the App and the Website.
“Services” includes but it not limited to the operations provided by Rides and are composed of several elements, including (1) Recreational Equipment racks that allow storage and securement of Recreational Equipment (“Racks”), (2) Rides Recreational Equipment (3) Rides mobile application (“App”) and Rides website, rides.go (“Website”) (the Mobile App and the Website, collectively, the “Platform”), and (4) all related equipment, personnel, and information, education, management, and oversight.
“Trip” is the rental period that is calculated beginning when You unlock any Recreational Equipment from a Rack and ending upon return and locking of Recreational Equipment to a Rack.
“User” means an individual who uses the Services or Recreational Equipment.
SECTION 6 NOTICES.
You may contact Rides by writing, calling, or emailing Rides at the street address, telephone number, and email address listed below:
Rides
4540 Kuawa Rd
Kilauea, HI 96754
Customer Service: (808) 268-5364
4familypart@gmail.com
SECTION 7 CLAIMS & CLASS ACTION WAIVER; WAIVER OF JURY TRIAL; RECOVERY OF COSTS
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Hawaii, excluding principles of conflicts of laws. You agree that any claim or dispute must be resolved exclusively by a state or federal court located in Hawaii. Further any claim must be filed in the District Court of Hawaii for Kauai County or the Circuit Court of Kauai County.
YOU AND RIDES 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, YOU IRREVOCABLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS RELATING TO ITS SUBJECT MATTER. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
This Class Action Waiver section shall survive any termination of your Account or the Platform. Further, if Rides prevails in litigation against You to enforce its rights under this Agreement, Rides 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 Rides may be entitled.
SECTION 8 WAIVER OF TERMS OF AGREEMENT; MEDIA GRANT AND RELEASE.
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 terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably:
give Your full and unconditional consent to Rides 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;
grant to Rides and its affiliates, successors, and assigns
the right to photograph, videotape, and otherwise record Your appearance and voice, at any time and from time to time,
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
the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Rides 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
waive, release, and discharge Rides and all Released Parties 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.
SECTION 9 PRIVACY POLICY.
Rides’ collection and use of personal information in connection with the Services is as provided in our Privacy policy, located at rides.go/ppolicy
SECTION 10 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, remedy, or defense provided by law.
SECTION 11 FINAL AGREEMENT; MODIFICATION BY RIDES.
This Agreement contains the complete, final, and exclusive integrated agreement between You and Rides 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 Your consent, Rides may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause, and by continuing to use any Services or Recreational Equipment after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You 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, Rides will post a notification on the Platform. Notwithstanding any provision in this Agreement that may be to the contrary, the pricing set forth on the Platform supersedes all pricing set forth in this Agreement.
SECTION 12 SEVERABILITY.
If a court deems any provision of this Agreement, including but not limited to the class action waiver provisions, illegal or otherwise unenforceable for any reason, You agree that such provision shall be severed from the Agreement and shall be inoperative, and the remainder of the Agreement shall remain operative and shall be binding on the parties.
USER AGREEMENT TO RECREATIONAL EQUIPMENT RENTAL AGREEMENT
I hereby represent that I am the person renting Rides Recreational Equipment, 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.
OR
I hereby represent that I am a parent or legal guardian of the minor BICYCLE User, who is 16 years of age or older, and that I am fully authorized to execute this Agreement on behalf of myself and all other parents or legal guardians of the minor User. I hereby give permission and consent to the minor’s use of the Services and Recreational Equipment within the terms and conditions set forth in this Agreement and have explained these terms and conditions to the minor User. It is my decision as the minor User’s parent or legal guardian that the Services are suitable for the minor Bicycle User. I further agree to the terms and conditions set forth in this Agreement, and I shall assume any and all responsibility and liability for the minor’s use of the Services and Recreational Equipment as provided by the terms of this Agreement to Members. I further agree to defend and indemnify any Released Parties from any and all claims by the minor User arising out of or connected to the minor User’s use of the Services and Recreational Equipment whether or not any negligence by any Released Parties, in whole or in part, is alleged to have contributed to any claims.