Bike Share Bicycle Rental User Agreement, Waiver of Liability and Release
In consideration of use of any of the Services (as defined below) provided by Bicycle Transit Systems, Inc. (“BTS”), operator of the Regional Transportation Commission of Southern Nevada (“RTC”) bicycle sharing program (“RTC Bike Share”), BTS requires you (“Rider”) to agree to all terms and conditions in this Bike Share Bicycle Rental User Agreement, Waiver of Liability and Release (“Agreement”). You should CAREFULLY READ all terms and conditions before entering into this Agreement.
1 GENERAL RENTAL AND USE OF BIKE
1.1. Services Provided. “Services” provided by BTS comprise: (1) RTC Bike Share bicycles (“Bike” or “Bikes”); (2) RTC Bike Share bicycle stations (“Stations”); (3) automated pay stations ;(4) separate stands for docking RTC Bike Share Bikes (“Bike Docks”); and (5) all related equipment, personnel, and information.
1.2. Rider Is Sole User. BTS expressly agrees to allow Rider to use the Services, and Rider agrees to use the Services, subject to the terms and conditions in this Agreement. BTS and the Rider (and Rider’s parent or legal guardian (“Rider’s Responsible Party”) if Rider is under the age of 16) are the only parties to this Agreement. The Rider is the sole person using the Services and is responsible for complying with all terms and conditions in the Agreement.
1.3. Rider Is 16 Or Older. Rider represents and certifies that Rider is at least 16 years old. If Rider misrepresents his/her age for any or no reason, Rider accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such misrepresentation.
1.4. Rider’s Responsible Party. A Rider who is at least 16 years old but less than 18 years old may only use RTC Bike Share if subscribed to by, and under the responsibility of, the Rider’s Responsible Party. By authorizing use of RTC Bike Share by a minor, the Rider’s Responsible Party agrees she or he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the Rider’s use of the Services and guarantees, represents and warrants: (i) he or she is legally the Rider’s Responsible Party; and (ii) the Rider’s acceptance of and agreement and compliance with all terms and conditions of this Agreement.
1.5. Rider Is a Competent Bicycle Operator. Rider represents and certifies that she or he is familiar with operating a bicycle, and is reasonably competent and physically fit to ride a Bike. By choosing to ride a Bike, Rider assumes all responsibilities and risks for any injuries or medical conditions.
1.6. Bike Is Exclusive Property of the RTC. Rider agrees that the Bike and any equipment attached thereto, at all times, remain the exclusive property of the RTC. Rider will not modify the Bike at any time in any way.
1.7. Bike Operating Hours and Availability. BTS makes every effort to provide the Services 365 days/year, 24 hours/day, 7 days/week, but does not guarantee the Services will be available at all times. Access to the Services is conditioned on the availability of a Bike at any particular Station. BTS neither represents nor warrants the availability of any Services or any Bike at any Station. Rider may reference the RTC Bike Share website (“Website” at www.bikeshare.rtcsnv.com) to view the inventory of Bikes available at a Station. Rider agrees that BTS may require Rider to return a Bike at any time.
1.8. Geographical Limits on Use. Rider agrees to use a Bike only in Clark County and will not, under any circumstances, remove the Bike from Clark County.
1.9. Adherence to All Laws. Rider agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, including all state and local laws, ordinances and regulations pertaining to bicycles in Clark County.
1.10. Types of Use. Rider agrees not to use the Bike for racing, mountain bike riding, stunt or trick riding. Rider agrees not to operate and/or use the Bike on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees not to use the Bike for hire or reward.
1.11. Limits on Use of Front Carrier/Basket. Rider acknowledges that the Bike’s front carrier/basket and back basket are intended for light goods only and agrees not to carry people or animals anywhere on the bicycle.
1.12. Rider reporting. Rider must report any accident, crash, damage, personal injury, stolen or lost Bike, or stolen or lost RTC Bike Share membership card (“Rider’s Pass”)to BTS immediately or as soon as practical thereafter. If a crash involves personal injury, property damage, or a stolen Bike, Rider must file a report with the Las Vegas Metropolitan Police Department or other appropriate police authorities within 24 hours after the incident. Rider agrees she or he is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bike and/or Rider’s Pass. BTS will consider timely reporting of a stolen or lost Bike when assessing any cost associated with Rider’s responsibility for the Bike.
1.13. Rider Responsibility for Bike Use and Damage. Rider agrees to return the Bike in the same condition in which it was rented. Rider is not responsible for normal wear and tear. Rider agrees to ensure that the Bike is never left unattended when not securely docked in a Bike Dock or Bike Station. Rider agrees to pay for destruction or loss of Bike and for any damage, including labor and replacement parts, directly or indirectly associated with the use of Rider’s Pass. If the Bike is lost or damaged beyond repair while being operating under Rider’s Pass, regardless of fault or cause, Rider agrees to pay BTS the full replacement value of the equipment. Rider is not responsible for loss of or damage to a Bike that has been returned to and properly docked at an RTC Bike Share Station or Bike Dock pursuant to this Agreement.
1.14. Replacement Rider’s Pass. If Rider has lost or damaged the Rider’s Pass, Rider may request a replacement by calling 844.641.7823 or by emailing email@example.com and reporting the loss or damage. A replacement fee for the lost or damaged pass will be charged, and a replacement Rider’s Pass will be mailed to Rider’s mailing address of record.
1.15. Fees and Charges. All fees and charges associated with RTC Bike Share are posted on the Website and represent the then-current and accurate fees and charges for the Services, and supersede any fees and charges incorporated in this Agreement.
2 PAYMENT AND FEES
2.1 Subscriptions. Rider may subscribe to the Services by either paying per ride or by purchasing a 24-hour or 30-day pass. Fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by BTS. BTS will charge the Rider’s credit or debit card the amount of the respective fee in effect on the date of subscription. In addition, a Rider may be charged usage fees as described in this Agreement.
2.2 Bike Rental Charges for Walk-Up Passes. Bike rental charges are $4.00 per half-hour for walk-up passes procured from a Bike Station. The maximum charge per calendar day is $96.00. After returning the Bike, Rider will be charged the accumulated rental charges or the maximum day charge, whichever is less. Charges will be charged to Rider’s credit or debit card within 24 hours after the Bike is returned to a Bike Station or Bike Dock.
2.3 Bike Rental Charges for 24-Hour Passes. Bike rental charges for 24-hour passes are $8.00 for unlimited 30-minute trips within a 24-hour period; for each trip over 30 minutes, $4.00 per half hour will be charged. To avoid overage charges, Rider must briefly check the Bike in at a Station every 30 minutes per trip. The maximum charge per calendar day is $96.00. At the end of the 24-hour rental period, Rider will be charged the accumulated rental charges or the maximum day charge(s), whichever is less.
2.4 Bike Rental Charges for 30-day Passes. Bike rental charges for 30-day passes are $20, entitling Rider to unlimited 30-minute trips at no charge within the 30-day period; each trip over 30 minutes is $4.00 for each half-hour thereafter. To avoid overage charges, Rider must briefly check the Bike in at a Station every 30 minutes per trip. On the last day of each month, the total amount of accumulated chargeable trips (i.e., each calendar day’s trips in excess of 30 minutes or each calendar day’s maximum charge of $96.00, whichever is less) will be charged to Rider’s credit or debit card.
2.5 Maximum Rental Period. A Bike may be rented for not more than 24 hours. Rider agrees to return the Bike to a Station within 24 hours after first renting the Bike. Rider may then rent again. Rider agrees she or he is solely responsible for the timely return of the Bike. Bikes not returned within 72 hours will be considered lost or stolen, and Rider may be charged $1,000.00 and a police report may be filed. Data generated by BTS’s computer is and shall be considered conclusive evidence of the period of a Rider’s use of a Bike.
2.6 Promotions and Discounts. Promotions and discounts may only be redeemed in accordance with the terms and conditions of their use.
2.7 Credit and Debit Card Usage. Rider must provide a valid credit or debit card number and any required authorization and authentication information before Rider may use the Services. Rider represents and warrants to BTS that Rider is authorized to use any such card information Rider furnishes to BTS. A Rider’s credit card will be pre-authorized for up to $30.00 prior to receiving a Bike; for debit cards a hold on up to $30.00 will be placed on Rider’s bank account. These pre-authorizations and holds apply for each Bike rented from RTC Bike Share, per rental. The holds or pre-authorization charges are released by Rider’s card issuer or financial institution after BTS submits Rider’s total charges for payment, usually within a few days (actual time of release is determined by the card issuer or financial institution, not by BTS). In providing a credit or debit card to BTS, Rider authorizes BTS to charge the card for all fees incurred by Rider in using the Services. Rider must contact BTS within 10 business days after receiving a credit or debit statement reflecting charges for user fees to dispute any charge and must provide to BTS all trip information necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Rider must inform BTS of any changes to debit or credit cards used for RTC Bike Share transactions.
3 RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK
3.1 Releases. In exchange for Rider being allowed to use any of the Services, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) does hereby fully and forever release and discharge all Released Persons (as further defined) for all Claims (as further defined) that Rider has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of BTS and/or the negligence of others under any legal theory, in consideration for using the Services. “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 legal fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any of the Services or Rider’s use of the Services. “Released Persons” means, collectively, (i) BTS and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) RTC and all of its directors, employees, agents, representatives, successors, and assigns, (iv) B-Cycle, LLC and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (v) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (vi) every holder of property on which a Station or Bike Dock is located and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
3.2 Disclaimers. RIDER ACKNOWLEDGES AND AGREES THAT RIDER’S USE OF ANY OF THE SERVICES IS AT RIDER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO RIDER’S USE OF ANY OF THE SERVICES, BTS AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND RIDER RELIES ON THEM SOLELY AT RIDER’S OWN RISK). BTS AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES. RIDER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, AND BTS AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO A STOLEN OR LOST BIKE OR RIDER’S PASS.
3.3 Limited Liability. RIDER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, BTS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING ANY CLAIM ARISING OUT OF OR RELATING TO (i) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (ii) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (iii) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (iv) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(v) RIDER’S FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BIKE, (vi) ANY INJURY, DAMAGE, OR COST CAUSED BY RIDER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE BIKE ITSELF, OR (vii) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RIDER WAIVES ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, UNDER ANY LEGAL THEORY, EVEN IF BTS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF BTS AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; IF ANY OF THOSE LAWS APPLY TO RIDER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.
3.4 Rider’s Assumption of Risk. Rider is solely and fully responsible for safely operating the Bike at all times. Rider acknowledges and accepts that Bikes are machines that may malfunction, even if properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Bike involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
4 Term and Termination
4.1 Term. The term of this Agreement begins when Rider first uses the Services and ends 10 years after Rider’s last use of the Services; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after the later of (i) Rider’s last use of the Services, or (ii) the expiration of Rider’s Pass.
4.2 Termination of Rider’s Use of Services. At any time and from time to time, and without Rider’s consent, BTS may unilaterally terminate Rider’s right to use the Services, in BTS’s sole discretion and without any notice or cause. If Rider’s right to use the Services is terminated by BTS for convenience, Rider shall be entitled to a refund of all charges prepaid by Rider. If a Rider’s Pass is terminated for breach of this Agreement, no refund is provided.
Rider may terminate Rider’s use of the Services at any time; provided, however, that no refund will be provided by BTS and Rider may still be charged any applicable fees in accordance with this Agreement related to Rider’s use of the Services. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Services, regardless of how or by whom the Agreement is terminated.
4.3 Renewal. Within one year after an existing pass expires, Rider may renew a Rider’s Pass on the Website. If the Rider’s Pass is not renewed within this period, Rider may be required to (i) take certain actions to reactivate Rider’s old account, or (ii) create an entirely new account.
5.1 Safety Check. Before each use of a Bike, Rider shall conduct a basic safety inspection of the Bike, which includes inspecting: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Bike if there are any issues apparent to a reasonable and prudent Rider, and to promptly notify BTS customer service to alert the BTS of any noted safety issues.
5.2 Helmets; Safety. BTS recommends that all Riders wear a helmet approved by Snell, CPSC, ANSI or ASTM that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
5.3 Bicycle Routes. Rider agrees that BTS does not provide or maintain places to ride Bikes, and that neither BTS nor the RTC guarantees that there will be a safe place to ride a Bike. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.
5.4 Limitations on Bike Rental. Rider agrees that neither BTS nor the RTC is 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. BTS and the RTC provide Bikes only as a convenience, and such Bikes are intended to be rented only by those persons who are able and qualified to operate a Bike on their own and who have agreed to all terms and conditions of this Agreement.
5.5 Prohibited Acts. Rider shall not:
5.5.1 Ride a Bike while carrying any briefcase, backpack, bag, or other item if it impedes Rider’s ability to operate a Bike safely.
5.5.2 Use any cellular telephone, text messaging device, portable music player, or other device that may distract Rider from safely operating a Bike.
5.5.3 Operate a Bike while under the influence of any alcohol, drugs, any medication or other substance that may impair Rider’s ability to safely operate a Bike.
5.5.4 Carry a second person on a Bike.
5.5.5 Dock or lock any bicycle any place other than a Station or Bike Dock.
5.5.6 Use any locking mechanism, other than the locking mechanism provided by BTS at the Bike Dock, to lock a Bike to a Bike Dock.
5.5.7 Violate any applicable federal, state, or local law, ordinance or regulation, including those for bicycle riders.
5.5.8 Dismantle or modify a Bike in any way (this rule does not apply to the use of the seat height adjustment feature on Bikes.)
5.5.9 Exceed the 5 pound maximum weight limit for the front cargo carrier or otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or safe riding impediment.
5.5.10 Operate a Bike in weather conditions, including snow, hail, and electrical storms, that make it more dangerous to operate a Bike. Rider is advised to adjust riding behavior and braking distance to suit the weather conditions.
5.5.11 Allow others to use a Bike that Rider has removed from a Bike Dock or Station. Rider understands that when Rider removes a Bike from a Bike Dock or Station, only the Rider may use it. Rider must not transfer Rider’s Pass, 7-digit code on the pass, or any other unique Rider information to any other person.
6.1 Confidentiality of Information. Rider’s personally identifiable information held by BTS, including all names, addresses, phone numbers, email addresses, credit and debit card numbers, pass numbers, and card numbers will be kept confidential by BTS; provided, however, that (i) BTS may, in its sole discretion, provide the Rider’s name, address, phone number, and other important information to local authorities if there is any accident where a Rider is unable to communicate personal information to such authorities; (ii) BTS will provide all requested information in accordance with applicable law if BTS receives a subpoena from any court; and (iii) BTS may disclose aggregate, non-personally identifiable data about Riders in accordance with applicable law. In addition, BTS may disclose individual data to a third party upon Rider’s express permission and consent.
6.2 Notice. BTS may be contacted by calling or emailing BTS at 1.844.641.7823 or firstname.lastname@example.org.
6.3 Choice of Law. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Nevada, excluding principles of conflicts of laws.
6.4 Dispute Resolution. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable legal fees 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 Nevada and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Las Vegas, Nevada; and (iv) the parties must submit the dispute to mandatory mediation held in the State of Nevada. Every mediation must be completed within six (6) months after the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within this six-month period, the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
6.5 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.
6.6 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.
6.7 Modification of Agreement. At any time and from time to time, and without Rider’s consent or advance notice, BTS may unilaterally amend, modify, or change this Agreement, in its sole discretion. Whenever a change is made to this Agreement, BTS will post a notification on the Website. By continuing to use any Services after any amendment, modification, or change, Rider (and Rider’s Responsible Party, if applicable) agrees to be bound by all such amendments, modifications, and changes. Rider (and Rider’s Responsible Party, if applicable) is responsible for maintaining awareness of all amendments, modifications, and changes to this Agreement and to all fees and charges set forth on the Website.
6.8 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 or in the plural shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
Rider Acceptance of Agreement
I certify that I am the Rider, I am 18 years old or over, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I certify that I am the parent or legal guardian of the Rider, who is at least 16 years old, and I am 18 years old or over. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Services by the minor Rider, and I agree to assume legal and financial responsibility for use of the Services by the minor Rider.