RIDER should CAREFULLY READ all terms and conditions before entering this Agreement.
THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS.
1. PURPOSE OF AGREEMENT
This document constitutes the entire Agreement (“Agreement”) between (a) RIDER (“RIDER” or “You”) the person agreeing to license and use the bike (“Bike”), and (b) Blue Krewe, Inc (“Blue Bikes”) d/b/a Blue Bikes.
2. GENERAL RENTAL AND USE OF BIKE: Agreements and Restrictions
2.1 RIDER is sole user: Blue Bikes expressly agrees to license use of the Bike, and the RIDER expressly accepts the license to use the Bike subject to the terms and conditions set out herein. Blue Bikes and the RIDER are the only parties to this Agreement. The RIDER is the sole licensee and is solely responsible for compliance with all terms and conditions contained herein.
2.2 RIDER is 18 or older: RIDER represents and certifies that RIDER is at least 18 years old. Blue Bikes is relying on RIDER’s representation. If RIDER intentionally or unintentionally misrepresents his/her age, RIDER accepts full responsibility and is liable for any consequence, 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 any such misrepresentation.
In order to access the Services, You must be a registered user and download the App on a compatible, camera-enabled, personal mobile device, such as a smartphone or a tablet. You must also agree to be bound by Blue Bikes’s Liability Waiver and Release.Account Registration and Credit Card.
You agree that only you, the Account holder, are solely responsible for your Account and all Blue Bikes bicycles rented through your Account. Should You allow additional RIDERS to rent a Blue Bike under Your Account, You acknowledge and warrant that any additional RIDERS will be subject to and accept these Terms and Conditions, and You will be responsible for any fees, fines, penalties assessed to those additional RIDERS.
2.3 RIDER is a competent bike operator: RIDER represents and certifies that he/she is familiar with the operation of the Bike, and is reasonably competent and physically fit to ride the Bike.
2.4 Bike is exclusive property of Drop Mobility: RIDER agrees that the Bike and any equipment attached thereto, at all times, remains the exclusive property of Blue Bikes. RIDER will not make any modification to the Bike at any time.
2.5 Bike Operating Hours and Bike Availability: RIDER agrees that Bikes must only be used during the maximum time limits set forth in
2.6 below. Bikes are limited and Bike availability at any station is never guaranteed. 2.6 MAXIMUM USAGE TIME AND CHARGES: Maximum time for use of the Bike is 6 hours. RIDER agrees that RIDER will return the Bike to a designated Blue Bikes Bike Station or a secure location within service area as identified in the App within 6 hours of time that usage of the Bike began. RIDER may then checkout the Bike again. RIDER agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return. Bike Usage Charges are as articulated in the App or as in the RIDER’s chosen plan. Upon return of the bicycle, the RIDER will be charged the accumulated usage charges, or the maximum day charge; whichever is less. The maximum day charge is $200 and is based on a calendar day. Bikes returned and locked outside of service area will be assessed a $25 out of service retrieval fee. Bikes not returned within 24 hours will be considered stolen, and RIDER may be charged $2000.
Applicable local and state sales tax of 9.45% are included in Rental and Replacement Charges.Fees.
Your access to and use of the Services is subject to your payment of the applicable fees due for the Services selected by You ("Fees") and all other applicable amounts, charges and taxes indicated to You when you use the Service. Blue Bikes may put a hold of $10.00 on your credit card, or $30.00 for pre-paid cards, for the rental period and this will be released as soon as You end the trip on the App. In certain cases it may take up to a couple days for the hold to be released depending on your bank.Payment.
Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately using the Billing Information You provided. Receipts for purchased Services will be delivered to You electronically via the App or the email address You provided. You shall: (i) keep the Billing Information, accurate and up to date; otherwise, we may suspend or terminate your use of the Services; (ii) promptly firstname.lastname@example.org
if your Billing Information changes due to loss, theft, cancellation or otherwise; (iii) be liable for Your failure to pay any Fees billed to You by Blue Bikes caused by Your failure to provide Blue Bikes with up to date Billing Information. To offset its additional processing costs, Blue Bikes may charge You for administrative charges as set from time to time for administrative or account activities including: collection efforts due to non-payment or having a balance over Rider credit limit; or returned or rejected payments. All administrative charges charged to You will be indicated to You on Your invoice or receipt and You shall pay all such charges.
You are responsible for obtaining the data network access necessary to use the Website, App and Services. Your mobile network’s data and messaging fees may apply if You access or use the Services from a wireless-enabled device. You are solely responsible for payment of all fees for such access and use. Pick-Up Procedure.
To rent a bicycle using the Services, log in to your Account on the App to find available bicycles nearby. Go to the location of the Blue Bikes bicycle You wish to rent. Inspect the bicycle for any damage or defects. Use the App to unlock the bicycle. Applicable local and state sales tax of 9.45% are included in Rental and Replacement Charges.
2.7 Bike may be used and/or operated only in the City of New Orleans: RIDER agrees to only use, operate and/or ride the Bike in the City of New Orleans. RIDER will not, under any circumstances, remove the Bike from the City of New Orleans.
2.8 RIDER must follow rules of use and/or operation of Bike: RIDER agrees to follow all state and local laws, rules, and regulations pertaining to the use, riding and/or operation of bicycles in the City of New Orleans.
2.9 Bike is intended for only limited types of use: RIDER agrees that he/she will not use the Bike for racing, mountain bike riding, stunt or trick riding. RIDER agrees that he/she will not 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.
2.10 RIDER’s use of front carrier/basket is limited: RIDER acknowledges that the front carrier/basket of the Bike is intended for light goods only, and that he/she will not carry people or animals in the basket or anywhere on the bicycle.
2.11 RIDER must report any accident, stolen or lost Bike, and RIDER agrees that he/she must immediately report an accident, or a stolen or lost Bike to Blue Bikes and Police. 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 any accident, stolen or lost Bike.
2.12 RIDER responsibility related to Bike use and damage: RIDER agrees to return the BIKE to Blue Bikes in the same condition received, ordinary wear and tear excepted. RIDER agrees to ensure that the Bike is always locked and secured when unattended. Bikes may be equipped with wire locks; however, Blue Bikes will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances, regardless of whether Bike locks are used or not properly functioning. RIDER agrees to pay for destruction or loss of Bike and for any damage, including replacement parts. (RIDER agrees to pay for any loss even though damage was caused by someone else). All repairs needed as a result of any damage, will be performed at the normal labor rates paid by Blue Bikes for repairs. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay Blue Bikes the full replacement value of the equipment. Drop-Off Procedure.
To end your rental, find a Blue Bike Bike Station or a secure location to park the bicycle where bicycle parking is permitted. Use the "End Trip" button on the App to lock the bike. Take a picture of the parked and locked/tethered bike and upload it to Blue Bikes App. You will receive a rental summary confirming your pick-up location and time, drop-off location and time, and Fees owed for the rental.
3. ASSUMPTION OF RISK; WAIVER; LIMITATION OF LIABILITY AND COVENANT NOT TO USE
3.1 RIDER understands and acknowledges that there are inherent risks that are hazardous to RIDER when RIDER uses and operates a Bike, and that these risks may or may not be caused by the negligence of RIDER or Blue Bikes or of others, or by defective equipment owned, maintained, or controlled by Blue Bikes or a third party, and that no amount of care or caution that RIDER or Blue Bikes may use, and no amount of instruction or expertise on part of Blue Bikes, can eliminate these risks. RIDER is freely licensing and using a Bike, and RIDER is aware there is risk and hereby expressly assumes all risk associated with licensing, usage and operation of a Bike, whether or not the risk is known or unknown to RIDER, as well as the risk of travel to and from the Bike station, and that all of the foregoing risks may result in injury or harm including without limitation personal injury, illness, death or disability; as well as possible damage or destruction of the Bike or RIDER’s personal property.
3.2 For and in consideration of the license to use and operate the Bike, to the fullest extent permitted by law, RIDER irrevocably and forever releases and relinquishes and discharges Blue Bikes, Drop Mobility, the City of New Orleans, all Blue Bikes Sponsors as well as owners of property upon or near which stations are located (“Released Parties”) from any and all claims, liability, cause (s) of action and/or damage or personal injury including wrongful death, of or to RIDER or others (third parties) and injury to the property of others (third parties), which arises out of, results from or relates to this Agreement or the use or operation of the Bike (including usage that is permitted under this Agreement), misuse, maintenance, or design, of the Bike, the Blue Bikes program, and/or its website, including any and all claims, liability, cause(s) of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others (third parties). By this agreement RIDER covenants (promises) not to sue, and that RIDER will not bring, institute, prosecute, or in any way aid in the prosecution of any claim, demand, lawsuit, action, or cause of action against Blue Bikes, Drop Mobility, the City of New Orleans, all Blue Bikes Sponsors and any such claims, rights, and causes of action that RIDER or RIDER’s estate may have, are hereby irrevocably waived, released and relinquished, and RIDER does(do) so on behalf of RIDER’S heirs, executors, administrators and assigns.
3.3 RIDER EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES RELATED TO CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY OR LOSS OF LIFE, WHETHER CAUSED BY THE SOLE OR PARTIAL NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE NEGLIGENCE OF OTHERS, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OF EITHER PARTY OR OF A THIRD PARTY, OR ANY OTHER LEGAL THEORY, IN CONSIDERATION FOR USING AND/OR OPERATING THE BIKE.
You must not do any of the following while using the Services:
- Allow any minor to operate a Blue Bikes bicycle that is rented under your account;
- Operate a Blue Bikes bicycle while distracted, including using a cellphone or other electronic device;
- Operate a Blue Bikes bicycle while under the influence of alcohol, drugs or any other substance that would impair your ability to safely operate the bicycle;
- Operate a Blue Bikes bicycle with any passengers or second RIDERs;
- Dismantle, take apart, or modify in any way a Blue Bikes bicycle;
- Exceed the maximum weight limit for a Blue Bikes bicycle if indicated on the bicycle or communicated to You via the App; or
- Engage in any behavior using the Blue Bikes Services or bicycles that is reasonably expected to cause a risk of danger or harm to You, other people or property.
- Leave the Bike in a hazardous location such as the side of freeway or onramp.
- Park the Bike without locking to a secure object with the provided integrated cable.
- Lock the Bike using a personal lock.
Breach of any of the above will result in your immediate termination from the Blue Bikes Services.
4. GOVERNING LAW AND LEGAL RIGHTS.
4.1 This Agreement is made and executed in the State of Louisiana. This Release shall be subject to, and interpreted by and in accordance with the laws of the State of Louisiana, regardless of any conflict of laws provisions.
4.2 RIDER expressly recognizes, and has had the opportunity to discuss with counsel of RIDER’s choosing, that this Agreement and the waiver, release of liability, indemnity and covenant not to sue and is a contract pursuant to which RIDER is a party, and that the contract is the law of the parties and has binding effect.
RIDER expressly intends to enter into this Agreement, that RIDER does so voluntarily and of RIDER’s own free will.
5. THIRD-PARTY CONTENT Advertising.
You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser, and You further acknowledge and agree that Blue Bikes shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials You choose to download, whether intentionally on unintentionally, from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature. Links & Third-Party Websites.
The Website may contain links to other websites that are not owned or controlled by Blue Bikes. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Blue Bikes of that third party, third party product or service. Blue Bikes is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and/or services, and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) does not imply that Blue Bikes endorses or accepts any responsibility for the content or use of such websites, and You hereby release Blue Bikes from any and all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
6. DISCLAIMERS DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
THE WEBSITE, SERVICES, BLUE BIKES APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." BLUE BIKES SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. BLUE BIKES DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND BLUE BIKES SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. BLUE BIKES WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY YOU WITH A THIRD PARTY BY MEANS OF THE SERVICES. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL BLUE BIKES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, BLUE BIKES APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR BICYCLES (INCLUDING THIRD-PARTY USE OF YOUR ACCOUNT),(V) ANY MALFUNCTION OF THE APP OR SERVICES, INCLUDING ANY CYBER ATTACK; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR BLUE BIKES APP, OR (VII) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF BLUE BIKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLUE BIKES’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS OR (B) AMOUNTS YOU’VE PAID BLUE BIKES IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW. INDEMNIFICATION.
YOU SHALL INDEMNIFY, DEFEND, AND HOLD BLUE BIKES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH (I) YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICE OR BICYCLES RENTED UNDER YOUR ACCOUNT; (II) YOUR BREACH OF ANY OF THESE TERMS; OR (III) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES. Termination.
Blue Bikes may alter, suspend, or discontinue the Website at any time and for any reason or no reason, without notice. The Website, Services and/or Blue Bikes App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. You acknowledge that You shall not be entitled to any claim, damages, or recourse against Blue Bikes related to the unavailability of the Website or App. Blue Bikes may periodically add or update the information and materials on this Website without notice. Security.
Information sent or received over the Internet is generally unsecure, and Blue Bikes cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the Services, and You are responsible for any activities or actions taken under your password. You agree to keep Your password secure. Blue Bikes will not be liable for any loss or damage arising from Your failure to comply with these requirements. General.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Blue Bikes App or Services, please contact us at: email@example.com
Effective Date: August 1, 2021