Rental agreement

SUNRYDE E-BIKE RENTAL AGREEMENT, WAIVERS AND REALEASES

Sunryde LLC, a California limited liability company, agrees to allow the undersigned (the “Renter”) to operate and ride on certain electric bicycles and related equipment (such as helmets, locks, and warmer bags, collectively referred to herein as the “Bike(s)”) rented to the Renter upon the condition that the Renter agrees to all terms and conditions of this Rental Agreement (including the release of claims) and evidence that agreement with their signature below.

READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING.

This is a legally valid and binding obligation to release Sunryde from all known and unknown obligations, AND TO INDEMNIFY SUNRYDE AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON RENTER’S USE OF THE BIKES. This instrument affects important legal rights.

Terms of Bike Rental

1. Rental Term and Termination. Subject to your compliance with the terms of this Agreement, your Rental (defined below) of the Bike(s) begins when you first take possession of a Bike from one of Sunryde’s designated pick-up or return areas. This Agreement is effective as of such time, and shall continue until you return all Bike(s) subject to the Rental to Sunryde at a designated return area, or immediately upon your breach of any term of this Agreement. Upon termination of your Rental, your right to use the Bike(s) shall cease immediately; Sunryde may disable all or part of the functionality of any Bike(s) in order to effectuate the foregoing. If a Sunryde employee observes a current user failing to secure a bicycle with a chain on more than three (3) occasions, Sunryde reserves the right to terminate the user's account, repossess the bicycle, and deny any future business with the renter.
2. location-sharing features of Sunryde’s or its affiliate’s smartphone app(s) enabled by the Renter. Renter may revoke this consent via a written request to Sunryde, and by swapping their Bike for one that is not location-enabled. Sunryde will not share any of Renter’s location data with any third party without their consent or without removing their identity. If during the Rental period, the location of a Bike subject to the Rental is unknown to the Renter or to Sunryde for a period of at least 72 hours, then, after written notification to you, Sunryde may deem the Bike stolen, alert the police accordingly, and charge you for its reasonable costs to re-locate and repaid, or, if impossible, replace the Bike. 
3. Rental Fees; Late Payment. All fees associated with your Rental shall be paid by the Renter to Sunryde via its or its affiliates’ website(s), smartphone app(s), or through any other method agreed upon by Sunryde in writing. Such fees may include a one-time starter fee and/or non-refundable security deposit in any amount determined by Sunryde in its sole and reasonable discretion, and/or an ongoing monthly Rental fee, which shall be payable in advance of the beginning of any month in which you have Rented a Bike from Sunryde. Rental fees will be pro-rated for any Rental taking place in only part of a month. By signing this Agreement, you authorize Sunryde and/or its affiliates to debit your designated debit or credit card associated with your Rental. If any Rental fee is not paid when due, (for example, if there are insufficient funds available in the nominated account), you will incur an administrative fee of $2/day. The administrative fee applies for every missed payment where an attempt is made to process a payment and it is returned by the relevant financial institution. In addition, Sunryde may charge interest at the rate of the lesser of 6% per annum or the maximum amount allowable on all amounts outstanding until paid in full. To the extent permitted by law, Sunryde may also refer the matter to a debt collection agency for the collection of fees outstanding and repossession of the Bike(s), if applicable, in which case you will be liable to pay to Sunryde all fees and charges payable in respect of the debt collector’s fees, costs and reasonable attorney’s fees.
4.  If your account is past due over 2 billing cycles, we will be placing your account under repossession status automatically. Once we repossess your bike, we will keep your deposit until all invoices are paid off. ​
5. Rent to Own. At the discretion of Sunryde and upon its written consent, you may convert your Rental into a Rent-To-Own agreement, wherein all Rental fees paid shall be credited toward the purchase price of the Bike(s) subject to the Rental (which price shall include monthly interest of 1.5% per month of a Rent-To-Own Rental). At the end of a Rent-To-Own period, and subject to your payment of all applicable Rental fees, ownership of the Bike(s) subject to your Rental shall transfer to you in full, and this Agreement shall terminate automatically. If you wish to take ownership of a Bike prior to the end of the Rent-to-Own Period, Sunryde may, in its sole discretion, agree to an early transfer subject to any further terms and/or Rental fees it may specify in writing. 

Assumption of Risk

Renter is aware of the inherent risks of injury, death, and property damage involved in using an electric bicycle, including without limitation risks due to collisions, loss of balance, or equipment failure. Renter is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of Sunryde and/or its officers, directors, employees, agents, shareholders, successors, heirs, assigns, parent and subsidiary companies, and affiliated companies (collectively, the “Released Parties”), including without limitation the risk of negligent instruction or supervision. Renter is voluntarily engaging in using a bicycle with knowledge of the risks of injury, death, property damage, and other risks, and assumes any and all known and unknown risks of injury, death, and property damage that may result from such activity. 

For the purposes of this agreement, the “Rental” means all activities, equipment, events or services provided, arranged, organized, conducted, sponsored or authorized by Sunryde or the Released Parties, and includes, but is not limited to biking; electric biking; rental of bikes or electric bikes; orientational and instructional communications; travel and transport or persons or cargo; and other such activities, events and services in any way connected with or related to biking, electric biking, or the rental of biking or electric biking equipment, including, without limitation, the active or passive negligence of the Company or the Released Parties.

Release and Waiver of Claims

The Renter, on behalf of themself and their principals, employees, agents, representatives, guardians, successors, children, heirs, assigns, next of kin, personal representatives, and estate (the “Related Parties”), does hereby remise, release, and forever discharge Sunryde and the Released Parties of and from all, and all manner of liability, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity (collectively, “Claims”), which Renter or the Related Parties ever had, now has, or can, shall, or may have in the future, for or by reason of any matter, cause, or thing whatsoever arising out of or related to: (1) this Agreement; (2) the use, misuse, or abuse of the Bike(s) or any other equipment of Sunryde that is in the possession of the Renter; and/or (3) the Rental. Such release shall include, but is not limited to, the release of Sunryde and the Released Parties from any Claim of personal injury, death, disability, property damage, loss of chance, expenses, lost revenues, lost savings, lost profits, or any other incidental, special, or consequential damages in connection with any business relating to or arising out of this agreement, however caused, even if the party has been advised of the possibility of such damages

The Renter understands and acknowledges that this release of liability applies to and includes all unknown or unsuspected consequences or results arising from the foregoing. The Renter has read the contents of California Civil Code §1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The Renter, for themself and their Related Parties, expressly waives any and all rights and benefits under California Civil Code §1542.

Indemnification

The Renter agrees to indemnify, defend, protect, and hold harmless Sunryde and the Released Parties from and against any Claims brought by the Renter, the Related Parties, and/or any third parties arising out of or related to 1) this agreement; 2) the use, misuse, or abuse of the Bikes or any other equipment of the Company that is in possession of the Renter; and/or 3) the Rental. 

Warranties

Sunryde represents that, to the best of its knowledge and belief, all Bike(s) are supplied to you at the commencement of the Rental: (1) in sound and safe condition, suitable for use on the terms and conditions contemplated herein; (2) free of any known faults or defects that would affect its safe operation under normal use; and (3) in accordance with the manufacturer’s standards. APART FROM THIS AND ANY OTHER WARRANTY OR GUARANTEE SET OUT IN THIS AGREEMENT, OR WHICH YOU ARE ENTITLED TO BY LAW, SUNRYDE EXCLUDES ALL OTHER WARRANTIES OR GUARANTEES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; RENTER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY SUNRYDE, OR ANY OTHER PERSON ON ITS BEHALF, EXCEPT AS SPECIFICALLY DESCRIBED IN THIS SECTION.

Sunryde’s warranties as provided herein shall not apply when any Bike has been: (a) subjected to abuse, negligence, accident, improper installation, inspection, handling, or storage, or use contrary to any instructions issued by Sunryde; (b) has been altered in any way by persons other than Sunryde or its authorized representatives; or (c) has been used with any third-party product that has not been previously approved by Sunryde.

Renter warrants that, during the term of its Rental, they: (1) will lock the Bike using the supplied U-Lock when the Bike is not in use, and keep the Bike stored indoors and covered overnight; (2) are knowledgeable about the use and operation of electric bicycles, including with respect to law pertaining to such use in all jurisdictions in which they shall use the Bike(s); and (3) will ensure before commencing a ride that the Bike is roadworthy (including front and back lights if Renter intend on riding after sunset). 

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Terms and Conditions of Use of Bikes

1. Acceptable Use. The Renter agrees and acknowledges that they will be the sole operator of the Bike(s) and will use the Bike(s) in a careful, safe, and conscientious manner. The Renter shall at all times observe and adhere to any rules and guidelines posted by the Company, and any applicable laws or regulations, including all traffic laws or vehicular code sections applicable to the use of public roadways by electric bikes, cyclists, and other non-motorized vehicles. Specifically: 
2. Electric bikes may only be ridden by persons age 18 or older.
3. Helmets are required for all persons riding an electric bike.
4. If Sunryde's bike is stolen or lost, please call the direct line right away at (213) 474-7933 and follow up with a text message with the title "bike stolen.". We will help customers to locate lost/stolen bikes and provide a location address so you can retrieve your bike. If Sunryde recovers your stolen/lost bike, the repossession/pick-up fee is $150. 
5. Prohibited Activities and Top 15 Rules. The Renter shall not violate any of the following rules; in breaking violation, the customer will be charged fees accordingly. These are regulations during the operation of the Bike(s):
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7. 18+ years old.
8. Always wear a helmet.
9. Always lock the bike with a bike lock and activate the alarm system.
10. Do Not Jump the bike.
11. Do Not Leave the bike unattended without locking it with a bike lock.
12. Do Not Mess with the bike or Remove any parts from it.
13. Only one person riding.
14. Follow State & Local Laws.
15. No standing on pedals while riding the bike.
16. Due to gravitational pull, please be advised that driving downhill will increase the bike's speed significantly. Our bike is equipped with a governor chip that causes sudden speed reduction over the speed limit. When driving, be sure always to have both hands on the steering wheel and brake lever. 
17. Please be sure to have the bike OFF before you get on the bike. As well, when finished riding the bike,
18. TURN OFF the motor FIRST, then get off the bike.
19. When handling the bike, please have the bike OFF.
20. Bring the bike to the shop every 2-3 weeks for maintenance
21. In case of an accident, please call Sunryde Tech Support. If it’s an emergency, please call 911.
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23. Unsafe Use. If at any time Sunryde determines that any Renter or other person has engaged in unsafe or hazardous use of a Bike, Sunryde may immediately terminate the Renter’s use of the Bike(s). Upon notification of termination, the Renter must return the Bike(s) to Sunryde’s designated return area immediately. If the Renter’s use of the Bike(s) is terminated for unsafe or hazardous use, the Renter will not be refunded their security deposit. Sunryde may determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”
24. Condition of Bike upon Return; Responsibility for Damages. The Renter shall return the Bike(s) to Sunryde’s designated return area clean and in the same condition as they were in when given to the Renter, excepting ordinary wear and tear. A Bike subject to this Rental shall be deemed returned to Sunryde only once it has given you written confirmation of your return of the Bike. If there is more than one Renter in a group, the Renters shall be jointly and severally responsible for any loss or damage caused to the Bike(s), including any accessories, during the rental period. SUNRYDE MAY BILL THE RENTER OR RENTERS AS NECESSARY TO COVER THE COST FOR THE FULL AMOUNT OF DAMAGES OR LOSS CAUSED BY ANY RENTER IN A GROUP DURING THE RENTAL PERIOD, INCLUDING REASONABLE ATTORNEY’S FEES. The cost of damages or loss shall be determined at the sole discretion of the Company. 

As used herein, loss or damage beyond ordinary wear and tear includes, but is not limited to, the following: Inoperable dropper post due to user error; bent or dented rims; loose or broken spokes; damaged hubs or hub bearings; damaged quick releases, thru-axles, or axle nuts; damaged brake calipers or brake pads; damaged or bent disc brake rotors; damaged or ripped tires; dented, bent or damaged forks; damaged or scratched fork stanchions; damaged headset bearings; damaged, bent, broken, or scratched brake levers; damaged, bent, broken, or scratched shifter levers; bent or broken shifter/brake cables or housing; damaged, bent, or broken handlebars; bent or broken stem; torn or damaged grips or handlebar tape; bent, broken, or damaged cranks or crankset; damaged, bent, or broken chainring or chainring teeth; broken or unserviceable chain; broken, bent, scratched, or damaged front derailleur; damaged or broken pedals; damaged, bent, or broken saddle, saddle rails, or saddle clamp; damaged bent or broken seat post; damaged, bent, scratched or broken rear shocks or stanchions; damaged or broken suspension linkage and linkage bearings; damaged, bent, broken, or scratched rear derailleur or derailleur hanger; damaged or broken jockey wheel or jockey wheel teeth; damaged, bent, or broken cassette or cog teeth; damaged, bent, broken, or scratched bike frame; damaged, unserviceable, or broken accessories including but not limited to helmets, gloves, racks, bags, mirrors, locks, or lights. 

Terms and Conditions of Carrying of Cargo During Rental

1. Assumption of Risk. In addition to the risks described in the Rental Agreement and Release, Renter is aware of the additional inherent risks of injury, death, and property damage involved in using a bicycle that carries cargo. These include, but are not limited to, the additional weight, uneven distribution, or movement of cargo, which may cause loss of control of the Bike(s). Renter is voluntarily engaging in using a bicycle that carries cargo with knowledge of the risks of injury, death, property damage, and other risks, and assumes any and all known and unknown risks of injury, death, and property damage that may result from such activity.
2. [Prohibited Uses. Placeholder – insert any additional rules/restrictions riders should be aware of when using cargo on the bikes]

The Renter has read and understands all of the terms, conditions and rules set forth above, and agrees to all terms without reservation. 

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