RENTAL WAIVER

Waiver must be accepted to be able to rent.

RIDER’S RENTAL AGREEMENT

THIS IS A LEGAL AND BINDING AGREEMENT. RIDERS SHOULD READ ALL TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE AGREEING TO ENTER INTO THIS AGREEMENT. BY ENTERING INTO THIS AGREEMENT, RIDER IS PERMITTED TO USE BIKES PROVIDED BY BORO BIKES, LLC. AS PART OF THE BORO BIKE PROGRAM IN OWENSBORO WITH CERTAIN USE RESTRICTIONS AS A CONDITION FOR USE OF THE BIKE. ADDITIONALLY, RIDER ACCEPTS CERTAIN RESPONSIBILITIES.

THE BORO BIKE PROGRAM IN OWENSBORO, IS AN AUTOMATED PUBLIC BICYCLE SHARING AND RENTAL PROGRAM OPERATED BY BORO BIKES (THE “PROGRAM”).

RENTALS: FOR ALL PROGRAM RENTALS ORIGINATING AT A PROGRAM STATION, THE RIDER MAY KEEP A BIKE FOR THE ENTIRE TIME OF RENTAL WITHOUT THE NEED TO DOCK THE BIKE AT A PROGRAM STATION. RIDER MAY, AT ITS OPTION, DOCK BIKE AT ANY BORO BIKES STATION WHEN NOT IN USE AND RETRIEVE THE SAME OR ANOTHER BIKE WITH SAME CREDIT/DEBIT CARD DURING THE INITIAL RENTAL PERIOD WITHOUT INCURRING ADDITIONAL FEES.  IF BIKE IS NOT RETURNED PRIOR TO THE END OF THE INITIAL RENTAL PERIOD, ADDITIONAL CHARGES/FEES MAY APPLY PER THE POSTED RATES.  A MAXIMUM DAILY RENTAL RATE OF $60 PER DAY WILL APPLY FOR ANY BIKE NOT RETURNED IN THE PRESCRIBED RENTAL PERIOD. IF RIDER FAILS TO RETURN A BIKE WITHIN 24 HOURS OF THE EXPIRATION OF THEIR ORIGINAL RENTAL TERM, RIDER WILL BE CHARGED A FEE OF $1000.

BORO BIKES LLC, FROM TIME TO TIME, PARTICIPATES IN “SPECIAL EVENTS” IN A NON-AUTOMATED FORMAT AND PROVIDES BIKES TO USE ON A COMPLIMENTARY BASIS, OR FOR A FEE, WITHOUT USING AUTOMATED BORO BIKES STATIONS TO CHECK BIKES OUT FROM OR RETURN BIKES TO. WHETHER A RIDER PAYS FOR USE OF THE BIKE OR IT IS PROVIDED ON A COMPLIMENTARY BASIS, ALL TERMS AND CONDITIONS OF THIS AGREEMENT STILL APPLY TO RIDER’S USE OF THE BIKE.

1. PURPOSE OF AGREEMENT

This document constitutes the entire Agreement (“Agreement”) between the Rider (“Rider”), the individual agreeing to be bound by the terms of this document and to use and rental of a bike (“the Bike”) accordingly, and Boro Bikes, LLC. (“Boro”). For purposes of this Agreement, wherever Boro is referred to below such definition shall include all of Boro’s members, managers, employees and investors.

1. GENERAL RULES & RESTRICTION FOR BIKE USE AND RENTAL

1. Age Restriction: Rider is and must be 18 years of age or older. Rider certifies and guarantees that he/she meets this requirement.If Rider falsifies or misrepresents, unintentionally or intentionally, Rider’s age, the Rider accepts full responsibility for any and all damages, demands, consequences, causes of action, losses, injuries, court and litigation costs, attorney’s fees, penalties, fines, legal actions of any kind, judgments, expenditures of any type or nature whatsoever related to such misrepresentations, whether intentional or unintentional.

2. Helmet Warning: Failing to wear a helmet could result in serious bodily injury or death in the event of an accident or collision. As a preventive measure, Boro recommends that all Riders use a properly fitted helmet at all times when operating the Bike. It is the Rider’s sole responsibility to utilize a helmet. Rider agrees that in consideration of the use and rental of the Bike, Boro, and its agents, directors, officers, shareholders, successors, assigns, subsidiaries, parent organizations and affiliates, will not be liable or responsible for any damages or injuries caused by or relating to Rider failing to wear a properly fitted and/or fastened helmet.

3. Requirement to Inspect Bike Prior to Operating: Rider agrees to carefully inspect the Bike he/she wishes to ride prior to riding the Bike, and shall, while within 15 feet of the place of rental, test the Bike’s operating components including but not limited to: the chain, brakes, pedals, lights, tires, frame and seat.This is not intended to be an extensive or exhaustive list. Rider agrees, prior to operating the Bike, that he/she will notify Boro if there appear to be any issues with the Bikeand if Rider rides any Bike that Rider that later determines is not operating properly, Rider will immediately stop riding the Bike, return the Bike and notify Boro. Rider should adjust seat height to fit their body frame prior to operating the Bike.

4. Requirement to Discontinue Use: Rider expressly agrees that he/she shall discontinue use of the Bike immediately and return it to a Program Station if it, or any component of it, should become defective or malfunction while riding the Bike and during any use or operation of the Bike and Rider shall notify Boro customer service. Boro may, at its sole discretion, issue another Bike to Rider, pick up the Bike at issue, or provide any other related services.

5. Rider Experienced with Bicycle Operation: Rider asserts, represents and certifies that he/she is experienced and familiar with the safe and competent operation of a bicycle, and further, that he/she is physically and mentally fit to ride the Bike. Rider is solely responsible for any injury or damages resulting from improper or unsafe operation of the Bike. If rider has any existing physical or mental condition that would prohibit Rider from safely operating the Bike, he/she is prohibited from riding the Bike.

6. Rider Restricted from riding or operating the Bike in adverse weather conditions: Rider agrees that he/she will not ride, operate or use a bike in any manner during adverse weather conditions, including but not limited to: tornados, fog, heavy rains, or lightning storms.

7. Rider Restricted from using or operating a Bike while Impaired: Rider expressly agrees that he/she shall not ride or attempt to operate a Bike if he/she is under the influence of drugs or alcohol and/or impaired with an alcohol level above what is legally permissible under state or local laws. Rider assumes all risks and liabilities resulting from any and all use or attempted use of a Bike while impaired. Operating a Bike while impaired or under the influence can cause death or serious bodily injury as well as endangering the safety of others.

8. Rider Required to Comply with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe operation of a bicycle. Rider certifies he/she has familiarized himself/herself with such prior to riding or operating a Bike. Should Rider wish to further review such regulations, they can be obtained from the Commonwealth of Kentucky and on the internet.

9. Restrictions of Type of Use of Bike: Rider agrees not to use the Bike for racing, tricks riding, jumping, stunt riding and/or, off-road riding. Rider further agrees not to use the Bike for any commercial or hire purposes.Rider shall not ride the Bike on unpaved roads, through puddles or water, or any other uses/places prohibited by law. Rider agrees not to tow, pull, carry or push any person or object with Bike as such can create an unsafe condition. Rider agrees to be seated at all times while pedaling and shall not pedal the Bike while in a standing position. Pedaling the Bike from an upright, standing position may create a dangerous condition and increase Rider’s chance of an injury.

10. Bike is and shall remain the exclusive property of Boro at all times. Rider shall not remove or modify any accessories, parts or components of the Bike as it is a criminal act to do so.

11. Rider shall not permit others to ride upon or use Bike: Rider is expressly prohibited from allowing any 3rd party to ride upon or use the Bike in any capacity whatsoever, as the Bike is the exclusive property of Boro. Rider is prohibited from allowing anyone else upon any part of the Bike at all times.

12. Restricted use of Front Basket: Rider agrees that he/she will not use the basket for any purpose other than carrying small and light items while riding the Bike.Rider acknowledges the basket is for light items only and that he/she should not overfill the basket with too many items or heavy items as it can cause an unsafe condition and may impair the balance, steering and/or stability of the Bike which can result in injury to Rider.Boro is not responsible for damage or loss to any items being transported, carried or left in the Bike basket and Rider is solely responsible for such items at all times.

13. Rider required to report accidents or incidences of theft, loss and damage to Police: Rider must contact Boro and local Police immediately in the event of theft of the Bike or an accident that occurred during Rider’s use of Bike resulting in bodily injury.A police report should be obtained in any of these events and provided to Boro upon request within 5 business days of the incident as provided below and contain the facts surrounding the incident and contact information for witnesses and anyone else involved in the accident/incident.

14. Rider’s liability in the event of theft or loss of Bike: Rider shall be liable and responsible for any costs, claims, judgments, demands, damages, injuries, expenses, penalties, expenditures of any nature, causes of action, losses, attorney’s fees and court costs of any kind relating to a stolen, lost or damaged Bike. If Rider leaves Bike unlocked or unattended and it is stolen, Rider is expressly responsible for its replacement cost.

15. Rider Responsibility for Damage to Bike or Other Property: Rider expressly agrees to return the Bike to Boro in the same condition as when received. Rider is liable for any and all damages resulting from improper use or abuse of the Bike and the cost of such damages shall become due and payable at standard labor and parts rates upon invoicing by Boro to Rider.If Bike is permanently damaged and must be removed from circulation, Rider shall be responsible for furnishing Boro with the replacement cost of the Bike, due and payable upon invoicing by Boro to Rider. Email, express courier and USPS are all acceptable methods to deliver such invoices from Boro.Rider is restricted from renting a bike that has visible defects or damage that may interfere with the safe operation of the Bike. Should Rider cause damage to the property of another party while operating or in possession of the bike, Rider is solely liable for such damage.

16. Requirement to Secure Bike at All Times: Rider agrees to maintain the Bike in a secure manner at all times which should be returned or stored at Program Stations. Bikes may or may not be equipped with onboard cable, chain or wire locks. Under any and all circumstances, Boro is not responsible for any lost, stolen, destroyed or damaged Bikes regardless of whether locks are utilized and/or properly functioning.Rider expressly agrees that he/she shall pay for any damages to the Bike caused by Rider or anyone else during Rider’s rental or use period of the Bike. Any required repairs will be performed and billed at normal labor rates and parts/materials costs. Should a Bike be damaged to the point that it is no longer function or safe to operate, Rider agrees to pay Boro the full replacement value of the Bike.

17. Requirement to acknowledge that No Insurance is Provided under this Agreement: Rider expressly acknowledges and agrees that Boro does not provide insurance of any kind including but not limited to: property damage, liability, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.

18. Rider agrees to conditions regarding payment for unreturned, damaged, lost or stolen Bike: Rider agrees that if the Bike is not returned to a designated Boro location within the allocated time period as described herein, or the Bike is otherwise damaged beyond repair, lost or stolen, Boro will immediately charge Rider a fee which will be charged directly to the credit and/or debit card that Rider used to rent the Bike and/or in a subsequent invoice to Rider, payable upon receipt. Rider shall be personally liable for the payment of the fee even if their credit or debit card lacks sufficient funds to cover the fee.

19. If Rider selects to access the program via a RENTAL, Rider shall promptly return such bike to a Boro location at the end of the rental period or he/she shall incur additional charges at the posted rate and as otherwise described herein.

20. Rider Responsibility for Acts of Destruction; Recovery of Costs; Prosecution; Rider agrees that any willful or negligent act of destruction of the Bike and/or Boro property will result in prosecution to the fullest extent of the law and Boro will seek the recovery of all costs and administration chares from Rider, including attorney’s fees and costs.

21. Rider responsibility for Tickets, Fees and Fines: Rider agrees that he/she is solely responsible and will not hold Boro, and/or any of its agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates liable for any moving violation, fines, and/or illegal activities incurred by Rider while using, riding and/or operating the Bike. Rider agrees to pay on demand all fines, and court costs, including administrative fees for parking, bus lane, traffic or other legal and/or moving violations assessed against the Bike, the Rider or Boro during the rental or use of the Bike by Rider. Rider agrees to pay Boro for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims.

22. Police Authorized to Stop Any Person Riding or in Possession of the Bike(s): Local, county, and state Police are authorized to stop any person riding or possessing a Bike at their request for safety and/or security purposes. This may include any Bike that appears damaged, altered, is missing its bike identification number(s), and/or has been checked out longer than the Bike’s last corresponding rental use period.

1. Arbitration.  Rider expressly agrees that Boro, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement; the rental, use and/or operation of the Bike, the Boro program, and/or the Boro website, to final and binding arbitration under the Rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be held in the County of Daviess by the laws of the Commonwealth of Kentucky. All arbitration proceedings will be conducted in the English language. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any part other than the direction to pay a monetary amount. Further, the arbitrators shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

1. No Warranty.  Boro does not provide any warranties, express or implied. There is no warranty of merchantability or fitness for a particular purpose, and the Bike and Boro equipment is accepted “AS IS”.

1. Service Interruptions. Boro shall NOT be liable for, or owe a refund to, Rider for any interruptions in service caused by or reasonably attributed to public unrest, emergencies, labor strikes, adverse weather conditions, criminal acts of others and acts of god, as well as  mechanical/technical failures of internet, cellular and data hosts/service providers, both wired and/or wireless.

1. Indemnification.  In consideration for the use of the Bike, Rider expressly agrees to indemnify, defend, protect and hold harmless Boro, and/or any of its agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates against any and all claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys fees, judgments, suits, including claims brought by a third party, or disbursements of any kind of nature whatsoever related to, resulting from , regarding or referencing this Agreement, the rental, maintenance, design , and use and/or operation of the Bike, the Program and/or the Program website.

1. Jurisdiction & Governing Law for All Proceedings.  Rider expressly agrees that in the event of any proceeding, dispute, claim or controversy arising out of, resulting from and/or relating to this Agreement, the rental, maintenance, design, use and/or operation of the Bike, the Boro program and/or the Boro website shall be construed in accordance with and governed in all respects by the laws of the Commonwealth of Kentucky, venue shall be Daviess County.  Rider expressly agrees to submit to the exclusive jurisdiction of the Commonwealth of Kentucky courts.  Boro may assign its rights and duties under this Agreement to any party at any time without notice to Rider.

1. No Waiver.  Boro’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by Boro shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.

1. Termination of Agreement.  Boro may terminate this Agreement at any time, without cause, legal process, or notice to the Rider. Rider waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination.

1. Severability.  Each provision of this Agreement, including any exclusions or limitations of liability, shall be construed separately, applying and surviving even if for any provision in this Agreement is held to be inapplicable or unenforceable under any circumstances.

1. Entire Agreement:  This Agreement constitutes the final and entire Agreement between Boro and Rider.  This Agreement represents the entire understanding between Boro and Rider and prevails over any prior or contemporaneous, conflicting or additional, communications, unless Boro revises or modifies this Agreement. Boro shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on the Boro website. Riders shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use and/or operation of the Bike by Rider following any modifications to this Agreement constitutes Rider’s acceptance of the terms and conditions as modified.

1. Acceptance of Agreement by Rider.  Rider expressly acknowledges that he or she has carefully read the entire Agreement, including the terms and conditions, and understands this Agreement, including but not limited to the Waiver of Liability, Assumption of Risk and Indemnification Provisions, fully, and expressly agrees to be bound by this Agreement.  Rider voluntarily gives his or her consent and expressly agrees to all the conditions included in this Agreement as set forth above.

RIDER HAS READ, UNDERSTANDS AND EXPRESSLY AGREES TO THE ABOVE AGREEMENT AND TERMS AND CONDITIONS. BY ACCEPTING THIS AGREEMENT AND CHECKING OUT A BIKE AT A PROGRAM KIOSK. RIDER HAS AFFIRMATIVELY AGREED TO ENTER INTO THIS AGREEMENT.