Sunryde LLC Bikes Rental Agreement, Waivers and Releases

 Last Updated: August 24, 2020

 

PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH SUNRYDE LLC ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO FILE A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

THIS AGREEMENT ALSO CONTAINS RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY AND ASSUMPTION OF RISK, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.


Table of Contents

PART A

Introductory Contract Terms

PART B

Rental & Rent-to-Own Terms

PART C

Concluding Contract Terms

PART D

Class Action Waiver

PART E

Release Agreement



 

PART A: Introductory Contract Terms

This is a legally binding agreement between Sunryde LLC, a California limited liability company at 6464 Sunset Blvd. Los Angeles, CA 9016 and the person renting an electric bicycle, as named in the Sunryde Bike app profile filled in at the time of rental (referred to as “renter”, “driver”, “you”, and “your”).

You and Sunryde Bikes are collectively referred to as “the parties”.

 

  1. Fees

The Renter hereby agrees to pay Sunryde LLC the fees associated with the plan and any add-ons selected through our Sunryde website.

  1. Sunryde SUN-1 E-Bike

The bike you have agreed to rent from us at the time of your Rental

(“Bike”)

  1. Sunryde One-Time Starter Fee

To keep weekly payments low without locking you in to a long-term contract, we require a $75 Sunryde Starter Fee. It’s an upfront fee that gives you access to our exclusive member benefits, and it also covers your safety on boarding and application processing. It is not refundable after our 7-day no risk trial period.

  1. Security Deposit

Deposit: $75

The Deposit is payable by you on taking possession of the Bike and will be retained by Sunryde LLC as security for the SUN-1 E-bike and accompanying Master-Lock, Helmet and Warmer Bag.

In the event of loss or damage to the E-bike and accompanying Master-Lock, Helmet and Warmer Bag, for which you are liable, Sunryde Bikes will (on giving written notice to you), apply the Deposit (or part thereof) to the cost of necessary repairs or replacement. Refer to customerservice@sunryde.com of the Sunryde Bikes Rent-To-Own Agreement for current pricing

In the event of outstanding rental or repair fees, Sunryde LLC will (on giving written notice to you), apply the Deposit (or part thereof) to the satisfaction of same.

In the absence of damage, loss or outstanding fees, the Deposit will be refunded to you in full within 10 Business Days of the expiry of the Term.

  1. Payment Terms

You must pay the deposit before you take possession of the Sunryde SUN-1 E-bike.

Monthly Fees are payable monthly in advance. You are required to subscribe to the appropriate Sunryde Rental Plan through the Sunryde website, prior to collecting the Bike. You authorize Sunryde Bikes to debit your nominated debit or credit card with the amount of the Monthly Fees or MSRP as and when they fall due or not returned or during a theft incident if the Sunryde SUN-1 E-Bike Is not insured.

 

PART B: Rental & Rent-to-Buy Terms

The terms and conditions set out in this part apply to you (in addition to the terms set out in Part A and Part C) when entering an agreement with Sunryde LLC.

  1. Agreement to terms

When you enter a rent or rent-to-buy arrangement with Sunryde, the Parties accept all terms and conditions set out in this Agreement.

In addition, you acknowledge that:

    1. you have received the Sunryde SUN-1 E-Bike.
    2. you have read and understood the Sunryde LLC Rental Agreement and Sunryde LLC Safety, Security and Maintenance Guide and agree to comply with all obligations under the same.
    3. you authorize us to share your details with the delivery companies you work for to confirm that you have an active account on their platform.

 

  1. Rental or Rent-to-Buy Period

Sunryde LLC agrees to rent the SUN-1 E-Bike to you from the Start Date when you took possession of your rental bike from a Sunryde LLC shop or partner shop.

The parties agree that this agreement starts (and the first payment is taken) on the Start Date specified above and terminates when the agreed period of time, outlined in the Sunryde website, has finished.

  1. Monthly and Weekly Rental or Rent-to-Buy Fees

You agree to pay Sunryde LLC the Monthly Fees and Weekly Fees for use of the SUN-1 E-Bike monthly or weekly, in advance.

Weekly and Monthly Fees are payable from the date that you take possession of the SUN-1 or SUN-2 or SUN-3 the ownership of the Bike is transferred to you or the Bike is returned to Sunryde Bikes, as set out in this agreement, unless otherwise agreed by the parties in writing.

  1. Termination

This agreement will terminate at the end of the Rental or Rent-to-Buy Period after fulfilment of all obligations under this agreement, including the obligation to transfer ownership of the Bike to you in the case of a Rent-to-Buy agreement
.
Either party may terminate this agreement earlier by giving the other party seven (7) days’ notice in writing or email. If you select to terminate this agreement early, you understand and agree that you are forfeiting any right, entitlement or credit towards the purchase price of the Sunryde E-Bikes and Sunryde LLC will be under no obligation to provide any refund, credit or transfer ownership of the Bike to you.

 

If a payment remains outstanding for more than seven (7) Business Days, Sunryde LLC may terminate this agreement immediately by giving notice to you in writing. If Sunryde LLC terminates the agreement for non-payment, you must immediately return a Sunryde E-Bike to Sunryde LLC in accordance with the instructions given in the notice.

 

  1. Return of the Bike

If the Bike is to be returned to Sunryde LLC due to termination, you and Sunryde LLC will agree an end date (“End Date”). The End Date must not be less than seven (7) days from the date of the termination notice, unless Sunryde LLC has consented in writing to an assignment or Sunryde LLC has terminated the agreement for non-payment, in which case the End Date will be set out in the notice.

On or before the End Date, you must return a Sunryde E-Bike:

    1. to a designed Sunryde Location, on or before the End Date, during operating hours; and
    2. in the same condition as it was at the commencement of the Rental or Rent-to-Buy Period, fair wear and tear excepted.

The Sunryde E-Bike will be deemed returned to the possession of Sunryde LLC when Sunryde LLC or their authorized representative signs for the Sunryde E-Bike.

Weekly or Monthly Fees will continue to apply for each week or month between the date of notification of termination and the End Date, including the week of the End Date or, if you fail to return the Bike as set out above or as otherwise instructed by Sunryde LLC, the date that the E-Bike is returned to Sunryde LLC.

 

If you do not return the Sunryde E-Bike on the End Date then:

  1. you must pay Sunryde LLC Weekly Fees for each week $49.99 between the End Date and the date the Sunryde E-Bike is returned, including the week of the End Date;
  2. after written notice to you and if the location of the Sunryde E-Bike is unknown, Sunryde LLC may report the Sunryde E-Bike as stolen to the Police; and you must compensate Sunryde LLC for any reasonable costs incurred in recovering the Bike.
 
  1. Early Buy-out

If you wish to take ownership of the Bike prior to the end of the Rent-to-Buy Period, Sunryde Bikes may agree (in its absolute discretion) to an early transfer subject to such further terms and fees as Sunryde Bikes specifies.

  1. Transfer of Ownership

At the end of your Rent-to-Buy Period (or sooner in the case of an early buy-out), if:

    1. all fees and charges owing to Sunryde Bikes in respect of this agreement have been paid; and
    2. all of your obligations under this agreement have been fulfilled; and
    3. you make a balloon payment equivalent to 3 times the Weekly Fee.

then,

    1. Sunryde Bikes will transfer ownership of the Bike to you; and
    2. this agreement will terminate.

You agree that you will promptly complete, execute and return all paperwork prepared by Sunryde Bikes for the purposes of transferring ownership in the Bike to you.

You acknowledge and agree that on transfer of ownership of the Bike to you, this agreement terminates and all obligations incurred by Sunryde Bikes under this agreement (in particular but not limited to those relating to servicing, maintenance and insurance of the Bike) expire, save for those provisions which survive termination.

Risk

Risk in the Bike remains with Sunryde Bikes until ownership of the bike is formally transferred to you, at which time risk in the bike transfers to you.

 

PART C: Concluding Contract Terms

  1. Late, Missed or Overdue Payments

If a payment is not made on time, as agreed for any reason (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. Sunryde Bikes reserves the right to charge interest at the rate of the lesser of 6% per annum or the maximum amount allowable under law as at that date on all amounts outstanding until paid in full.

To the extent permitted by law, Sunryde Bikes may also refer the matter to a debt collector or attorney for collection of fees outstanding and repossession of the Bike, if applicable, in which case you will be liable to pay to Sunryde Bikes all fees and charges payable in respect of the debt collector’s fees (including any commission), costs associated with recovering possession of the Bike and attorney’s fees on a full indemnity basis as permitted by law.

  1. Location sharing

You consent to share location data with Sunryde Bikes. The Renter may revoke this consent via a written request to the Owner and swapping the Bike for one that is not GPS-enabled.
Sunryde Bikes agrees NOT to share the Rider’s location data with any third party without consent or without removing the identity of the rider.

  1. Authorized Use

Sunryde Bikes authorizes you to use the Bike during the Term for reasonable business and personal use, subject to the proviso that such use must be predominantly for business purposes and must not involve operation of the Bike outside of reasonable and safe parameters.

Authorized business use includes commercial delivery services, such as document or food delivery, in accordance with local road rules and legislation.

Authorized personal use includes operation of the Bike on roads in accordance with local road rules and legislation.

A.    Only Use Vehicles Where Allowed.

 You expressly agree that You will only Use the Services and Vehicles in areas where the Vehicles are legally permitted, and You are solely responsible for determining whether an area permits the Use of the Vehicles. You agree that You will not Use Vehicles in any restricted areas (such as cities that prohibit Vehicles in certain places or throughout) (each a “Restricted Area”), and You assume all responsibility and liability for any Use of any Vehicle in any Restricted Area, including all fines or fees as a result of Your Use of any of the Vehicles in any Restricted Areas. If You use the Services or Use the Vehicles in any Restricted Areas, Sunryde LLC reserves the right to charge You, including for actual fees incurred by such Use and to immediately terminate Your access to the Services in its sole and absolute discretion.

 

Unauthorized Use includes (but is not limited to) any business or personal use involving:

    1. the operation of the Bike by any person other than you; or
    2. the carriage of any person in addition to you; or
    3. the usage of the Bike by any person under the age of 18; or
    4. the towing of another person, vehicle or other object; or
    5. the influence of any alcohol, drugs, medication, or other substance that may impair your ability to safely operate the Bike; or
    6. the operation, use or involvement in any way of the Bike in violation of any laws or for an illegal purpose; or
    7. any race or competition.
  1.  

RIDING A BICYCLE MAY CAUSE INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A BICYCLE, YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.

 

  1. Sunryde Bikes Warranty

Sunryde Bikes represents that, to the best of its knowledge and belief, the Sunryde E-Bike is supplied to you at the commencement of the Term:

    1. in sound and safe condition, suitable for Authorized Use; and
    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 Bikes excludes all other warranties or guarantees.

  1. Consumer Law

Our products and services come with guarantees that cannot be excluded under applicable consumer law. Nothing in this agreement impacts your rights under applicable consumer law, including your right to a remedy if we fail to meet a consumer guarantee.

  

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, EQUITY HOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, OR USE OF MONEY, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO ANY ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE BIKE OR ANY OF ITS FEATURES, FUNCTIONALITIES, CAPABILITIES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, EQUITY HOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BIKE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

This section does not affect, and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws.

Notwithstanding anything herein to the contrary, Sunryde Bikes’ aggregate liability to you shall be capped at the higher of $1,000 or one year’s fees under this agreement.

We provide no liability protection under the terms of the Rental Agreement to the renter from claims of injury by others against you resulting from an accident. Your personal/business insurance may cover your liability.

 

  1. Your Warranties

You warrant that you:

    1. have been advised by Sunryde Bikes that it is recommended that you obtain and maintain

appropriate public liability insurance coverage for loss or damage caused to persons or

property in connection with your use of the Bike; and

    1. will only use the Bike for Authorized Use; and
    2. will, at all times during the Term while the Bike is not in use, lock the Bike using the supplied

U-Lock in accordance with all reasonable directions of Sunryde Bikes, and keep the Bike stored

indoors and covered overnight

    1. are knowledgeable about the operation of a bicycle, and about the laws pertaining to bicycles

operated within California; and  do not suffer from any physical or mental condition, as far as you are aware, which may impact on your ability to safely control the Bike, including in variable traffic and weather conditions;

and

    1. will, at all times, wear an industry standard helmet while riding the Bike; and
    2. will satisfy yourself on each occasion before commencing a ride that the Bike is roadworthy (including front and back lights if you intend on riding after sunset).
    3. Compliance with Laws.
      1. You agree to follow, and are solely responsible for determining, all laws, rules, regulations, and/or ordinances pertaining to the use, riding, parking, and/or operation of the Vehicles, including those pertaining to the Vehicles in the area where You are Using the Vehicles, including, without limitation, any and all applicable helmet laws. You also agree to act with courtesy and respect towards others while using the Services or Using the Vehicles.
      2.  YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF THIS AGREEMENT, AND ANY LAWS, RULES, REGULATIONS, AND/OR ORDINANCES WHILE USING THE SERVICES, INCLUDING IMPROPER RIDING AND/OR PARKING, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES AND CLAIMS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
      3. You will defend, indemnify and hold harmless Sunryde Bikes and its parents, subsidiaries, agents and affiliates in respect of any liabilities, claims, loss or damage arising out of any warranty given in this clause being incorrect or any breach of this agreement or intellectual property and will be solely responsible for all loss and damage so arising, including (but not limited to) all associated, tickets, fines, and fees. Sunryde Bikes reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.

Competent Vehicle Operator.

You certify and represent that You are familiar with the operation of the Vehicle, and You are reasonably competent and physically fit to use the Services and Use the Vehicle. You assume all responsibilities and risks for any injuries and/or medical conditions as detailed further below. You are responsible for determining whether conditions such as (but not limited to) rain, snow, hail, fog, ice, electrical storms, heat, or wind and/or any other conditions, whether caused by the weather or otherwise, make it dangerous to Use a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit all conditions and variables, including weather and traffic.

  1. Responsibility for Loss and Damage

You hereby acknowledge that you are liable for:

    1. the loss of, and all damage to, the Bike during the Term of this agreement; and
    2. all damage or injury to any person or property of any person:
      1. which is caused or contributed to by you or any person you allow to drive the Bike, including flat tires; or
      2. which arises from the use of the Bike by you or any person you allow to drive the Bike.

In the event of loss or damage to the Bike or other loss or damage arising in connection with the use of the Bike, you must:

a. provide Sunryde Bikes with details of the incident including:

  1. an accurate description of the incident e.g. state stolen and the location,
  2. name, address and license number, of any other person involved,
  3. registration of any other vehicles involved, 
  4. names and station of any police officers involved;
  1. promptly report the incident in writing to Sunryde Bikes, together with a copy of the police report

and event number, in the event the Bike is stolen; return all parts of the Sunryde E-Bike which have not been damaged or stolen (e.g. lock, keys, battery,

charger, etc.) to Sunryde Bikes.

 

Damage & Theft Cover: 

If you have opted in for Damage & Theft Coverage, your liability for loss or damage to the Bike as a result of theft by a third-party will be limited to $250, as long as you are not otherwise in breach of this agreement and providing you are no more than 1 week in arrears with payment of Weekly Fees.

If you have not opted in for Theft Coverage and the Bike is lost or stolen, you will be liable to pay Sunryde Bikes the amount of $1,000, being the replacement value of the Bike, plus any additional costs incurred by Sunryde Bikes incidental to the loss or theft of the Bike, by way of liquidated damages. You agree to pay such amount immediately on demand.

Please see attached Schedule 1 for a list of fees you will be charged for each broken part of the Sunryde E-Bike.

Maintenance, Security and Safety

You hereby agree to comply with the following for the Term:

 

Helmets; Safety. 

 

WE STRONGLY RECOMMEND THAT YOU WEAR A SNELL, CPSC, ANSI, OR ASTM APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED, AND FASTENED, ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE OPERATING A VEHICLE. 

 

Wearing such a helmet may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, helmets do not protect against all head injuries and do not protect against other injuries and may not be 100% effective. You agree that, when Using any Vehicles, You may also need to take additional safety measures and precautions that are not specifically addressed in this Agreement and that should be independently assessed and determined by You.

 

  1. maintain the Bike to the same standard in which the Bike is supplied to you in (including by

complying with all additional servicing or repairs recommended by Sunryde Bikes at any service);

  1. complete the safety and maintenance checks outlined in the Sunryde Bikes Safety, Security and

Maintenance Guide;

  1. during the Term while the Bike is not in use, lock the Bike using the supplied U-Lock in

accordance with all reasonable directions of Sunryde Bikes, and keep the Bike stored indoors and covered overnight, including as set out in the Safety, Security and Maintenance Guide, as amended from time to time;

  1. comply with all applicable transport laws;
  2. visit a nominated Sunryde Bikes location with the Bike when it needs to be serviced
  3. visit a nominated Sunryde Bikes location with the Bike as directed by Sunryde Bikes for a service within

7 days of being requested to by Sunryde Bikes;

  1. refrain from servicing or causing the Bike to be serviced otherwise than at a designated Sunryde Bikes location. Regular servicing as set out above is necessary for Sunryde Bikes to ensure the continued safety of the Bike.

Standard services are provided at no cost once every 4 months during the Term, however if Sunryde Bikes or their representative identifies any damage requiring repair (apart from ordinary wear and tear), including (but not limited to) a flat battery, flat or punctured tire, lost keys to locks or other accidental damage, you will be responsible to pay for such repairs. Refer to the Safety, Security and Maintenance Guide for current pricing.

Any service required before 4 months after the Agreement Date, will be charged to the customer at a rate of $40 per hour, in 15 minute increments, plus the cost of any parts replaced (refer to Appendix B).

2.9 Prohibited Acts. 

 

YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT:

  1. (a)  Allow a minor to use the Vehicle;
  2. (b)  Ride a Vehicle while carrying any briefcase, backpack, bag or other item if

it impedes Your ability to safely Use the Vehicle;

(c) Use or wear any cellular phone, table, laptop, text messaging device, portable music player, or other handheld or other device that may distract You from safely Using the Vehicle;

(d) Operate or Use a Vehicle under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate the Vehicle;

(e) Carry, tow, or otherwise transport a second person (including a child or pet) while Using a Vehicle; provided by Sunryde LLC;

  1. (f)  Dock or lock any Vehicle other than by using the locking mechanisms
  2. (g)  Bring or transport a Vehicle in a car, ferry, or train;

(h) Violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for bicycle or scooter riders;

(i) Attach anything to a Vehicle, including, but not limited to, additional baskets, cup holders, electric drives, child seats, trailers, or tandem bicycles;

(j) Exceed the maximum weight limit for a Vehicle or otherwise use any included basket improperly with regard to type of contents or any visual obstruction or riding impediment;

  1. (k)  Allow others to Use a Vehicle you have rented;
  2. (l)  Park or place any Vehicle in an unlawful manner; and
  3. (m)  Park or place any Vehicle on private party that is not Your own, in a heavily

trafficked area if the Vehicle impedes the flow of pedestrian or vehicular movement, or is in danger of being knocked down, or any other unapproved non-public space, including without limitation sidewalks.

Vehicles Intended Only for Limited Types of Use. You agree that You will not Use the Vehicle for racing, mountain riding, stunt, or trick riding. You agree that You will not operate and/or Use any Vehicles on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others, or in any location that would reasonably be deemed unfit for the Use of a Vehicle. You agree not to use the Vehicles for hire or reward, or use the Vehicles or Service in a manner that violates any law, rule regulation and/or ordinance. Sunryde LLC does not provide or maintain places to ride the Vehicles, and does not guarantee that there will always be a safe place to ride any particular Vehicle. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of Sunryde LLC’ control, and without limitation, Sunryde LLC will not be liable for any of the foregoing. 

 

YOU ARE SOLELY RESPONSIBLE FOR CHOOSING A RESPONSIBLE AND SAFE ROUTE, OBEYING ALL LAWS AT ALL TIMES IN CHOOSING A ROUTE, AND BEING FAMILIAR WITH THE APPLICABLE LAWS, RULES, REGULATIONS, AND/OR ORDINANCES OF THE JURISDICTION IN WHICH YOU ARE USING THE VEHICLE OR SERVICES.

 

1)     No Common Carrier. You represent, warrant and agree that Sunryde LLC is not a common carrier. 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. Sunryde LLC provides Vehicles only as a convenience and recreational activity, not as a public service, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all the terms and conditions of this Agreement.

YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND MAY INCLUDE 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.

 

Safety Inspection.

Before taking possession of the Vehicle, You agree to conduct a safety inspection of the Vehicle, which You acknowledge You are competent to do, and which may include, but is not limited to, inspecting for: (i) proper tire pressure; (ii) trueness of wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the battery, seat, pedals, and basket; (v) alignment of fender and metal rods holding fender in place; (vi) good condition of the frame; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You may not ride the Vehicle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Sunryde LLC of all problems and issues. DO NOT ATTEMPT TO REPAIR ANY VEHICLE.

Vehicle Damage; Vandalism.

You agree to return any Vehicle to Sunryde LLC in the same condition in which such Vehicle was rented to You. You agree that You will be responsible for the cost of repairing and/or replacing any Vehicle that You damage and/or cause damage to. If any Vehicle is damaged or vandalized as a result of Your Use, Your security deposit will be used to cover the damage. You will not be responsible for normal wear and tear of the Vehicles.

Lost or Stolen Vehicle.

 A Vehicle may be deemed lost or stolen if it is not returned at the end of the rental period. You agree to report any Vehicle theft or disappearance immediately to Sunryde LLC. You agree that You shall be responsible for a lost or stolen Vehicle and that Sunryde LLC shall have the authority to take any and all actions it deems appropriate (with respect to You as the last user of the Vehicle), including (without limitation) obtaining restitution and other appropriate compensation and damages, and filing a police report with the relevant authorities.

10. Dispute Resolution

If a dispute arises between the parties, you may not commence any court proceedings (except where they seek urgent interlocutory relief), unless you have first complied with this clause.

The rights and remedies in this Section 10 are cumulative and are in addition to and not in substitution for any other rights and remedies of Sunryde Bikes available at law or in equity or otherwise, including any debt collection mechanisms legally available.

 

This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of California, excluding principles of conflicts of laws.

The parties agree that any dispute or Claim relating in any way to your use of the Bikes will be resolved by binding arbitration, rather than in court, except that a party may assert claims in small claims court if the claims qualify or through any debt collection mechanisms legally available. The Federal Arbitration Act and federal arbitration law apply to this Rental Agreement.

 

The party must inform the other party in writing of the nature of the dispute, the outcome they desire to resolve the dispute, and the action they believe will settle the dispute. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. The arbitration shall take place in San Francisco, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon.

 

THE PARTIES 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 rather than in arbitration, the parties each agree that such proceeding shall take place solely by means of judicial reference pursuant to California Code of Civil Procedure section 638. The parties also both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to contact@sunryde.com with the subject line, “SUNRYDE BIKES ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the Start Date, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Sunryde Bikes also will not be bound by them.

 

In the event that the arbitration provisions above are found not to apply to you or to a particular claim or dispute, you agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in San Francisco County, California. The parties agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.

 

Further, if Sunryde Bikes prevails in litigation against you to enforce its rights under this Agreement, Sunryde Bikes 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 Sunryde Bikes may be entitled.

All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

 

This clause survives termination of this agreement.

11. Assignment

You may elect to assign your rights and obligations under this agreement to another person, subject to Sunryde Bike’s prior written approval. Such approval may be subject to the provision of additional information and conditions. Sunryde Bike’s decision on assignment will be final. In the event of an assignment, you must pay all charges up and including the effective date of assignment.

12. Relationship of Parties

This is a contract for the supply of goods and services and is not intended to create any other relationship between the parties, such as employment, agency, joint venture, partnership, contractor and principal or franchisee and franchisor.

13. Changes to terms

An amendment or variation of any term of this agreement must be in writing and signed by each party.

14. Definitions

 

  1. Authorized Use means the use for which you are authorized by Sunryde Bikes to use the Bike, as set out in clause 3 of this Part C.
  2. Business Day means a day on which banks are open for business in San Francisco, California, other than a Saturday, Sunday or public holiday.
  3. Consumer Price Index means the percentage increase in price for a fixed basket of goods and services purchased by the average household.
  4. End Date means the date agreed between you and Sunryde Bikes to return possession of the Bike to Sunryde Bikes or the ownership is transferred to the rider, should either Sunryde Bikes or you notify the other of termination of this agreement (but not including if Sunryde Bikes notifies you of termination of this agreement due to your non-payment of fees or charges owing under this agreement – in that case the end date will be specified in the notice of termination).
  1. Safety, Security and Maintenance Guide means the Sunryde Bikes’ Safety, Security and Maintenance Guide that will be given to you on your initial collection of the Bike from Sunryde Bikes.
  2. Start Date is the date when you took possession of your rental bike from a Sunryde Bikes shop or partner shop.
  3. Term means for a Rental Only plan, the period between the Start Date and the date that Sunryde Bikes re-takes possession of the Bike or the date this agreement is terminated (whichever is later), inclusive.
  4. U-Lock means the bicycle lock provided to you by Sunryde Bikes for the purposes of securing the Bike when leaving it unattended.
  5. Unauthorized Use means any use other than an Authorized Use, as set out in clause 3 of this Part C.
  6. Weekly Fees means the weekly rental fees payable by you to Sunryde Bikes.

15. Interpretation

In this agreement the following rules of interpretation apply, unless the contrary intention appears or context otherwise requires:

  1. Headings and subheadings are for convenience only and do not affect the interpretation of this agreement.
  2. References to clauses, Schedules, annexures, appendices, attachments, parts and exhibits are references to the clauses, and the Schedules, annexures, appendices, attachments, parts and exhibits to, this agreement.
  3. References to parties are references to the parties to this agreement.
  4. References to a party to any agreement or document include that party’s permitted assignees

and successors, including executors and administrators and legal representatives.

  1. Words denoting the singular include the plural and words denoting the plural include the

singular.

  1. Words denoting any gender include all genders.
  2. The word ‘person’ includes any individual, corporation or other body corporate, partnership,

joint venture, trust, association and any Government Agency.

  1. A reference to any agreement or document (including this agreement) includes any

amendments to or replacements of that document.

  1. A reference to a law includes:
    1. legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them;
    2. any constitutional provision, treaty or decree;
    3. any judgment;
    4. any rule or principle of common law or equity, and is a reference to that law as

amended, consolidated, reenacted, replaced or applied to new or different facts.

  1. No provision of this agreement will be construed adversely to a party because that party was

responsible for the preparation of that provision or this agreement.

  1. A reference to time is a reference to the time in San Francisco, California unless otherwise

specified.

  1. A reference to a day is to be interpreted as the period of time commencing at midnight and

ending 24 hours later.

  1. If any act is required to be performed under this agreement by a party on or by a specified day

and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the

next day.

  1. If any act is required to be performed under this agreement on or by a specified day and that

day is not a Business Day, the act must be performed on or by the next Business Day.

  1. A reference to an amount of dollars, U.S. dollars, $ or US$ is a reference to the lawful currency

of the United States of America, unless the amount is specifically denominated in another

currency.

  1. Specifying anything in this agreement after the terms ‘include’, ‘including’, ‘includes’, ‘for

example’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary and shall be deemed to include “without limitation”.

  1. Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
 
 

Payment and Fees.

Fees. You may use the Vehicle in accordance with the fee schedules that are provided to You from time to time by Sunryde LLC. Fees and other charges may be subject to applicable taxes and other local and/or state government charges, which may be charged and collected directly by Sunryde LLC. Sunryde LLC will charge Your credit card or debit card (collectively, your “Card”) or other agreed payment method for your use of the Vehicle.

Maximum Rental Time and Charges. You may Use the Vehicle for the amount of time that You rented it. You agree that You will return the Vehicle after that rental period has expired. If You do not do so, then Sunryde LLC may unilaterally renew the rental of the Vehicle and charge You for it.

Refund Policy. All purchase transactions made through the Services are subject to Sunryde LLC’ refund policy in effect at the time of purchase. Currently, Sunryde LLC’ refund policy is to not offer refunds for purchases through the Services, except in Sunryde LLC’ sole and absolute discretion.

Privacy. You understand and agree that all personal information that is (i) provided by You to Sunryde LLC or (ii) pertains to You and is collected by Sunryde LLC in connection with the Services will be used and kept by Sunryde LLC in accordance with its Privacy Notice.

Consent to Receive Calls, Text Messages, Emails and Other Communications. You expressly consent to receive and accept communications from Sunryde LLC, including via e-mail, telephone calls and text messages as set forth in the Terms of Use. Any personal information collected via such communications is processed as outlined in our Privacy Notice.

Intellectual Property.

Ownership. All of the content featured or displayed in connection with the Services or on the Platform, including, without limitation, logos, text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by Sunryde LLC, or its licensors, vendors, agents, and/or Content providers.

All trademarks, service marks, and trade names of Sunryde LLC used in relation with the Services (including but not limited to: Sunryde LLC, Sunryde LLC, the Services name, the Services design, and/or any logos (collectively, “Marks”) are trademarks or registered trademarks of Sunryde LLC or its affiliates, partners, vendors, or licensors. All elements of the Services, including, without limitation, the general design, the Content, and the Marks are protected by trade dress, copyright, moral rights, trademark and/or other laws relating to intellectual property rights.

Limitations on Use; No Endorsement. Except as permitted by law, You may not modify any of the Content and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell Content, Marks or any information contained on the Services. Except as authorized under applicable laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Marks in any way without Sunryde LLC’ prior written consent. You shall not use the Content or Marks or any language, pictures or symbols in any manner whatsoever which could, in Sunryde LLC’ judgment, imply Sunryde LLC’ endorsement, sponsorship, or affiliation of such use where such endorsement, sponsorship, or affiliation does not exist. You will not remove any copyright, trademark or other proprietary notices or materials found on the Vehicles or Services.

 

                 

 

Releases, Limitation of Liability, Assumption of Risk, Indemnification

Releases:

IN EXCHANGE FOR BEING ALLOWED TO USE ANY OF THE SERVICES, INCLUDING YOUR USE OF ANY VEHICLES AND OTHER EQUIPMENT OR RELATED INFORMATION PROVIDED BY SUNRYDE LLC, YOU (ACTING FOR YOU AND FOR ALL OF YOUR FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) HEREBY FULLY AND FOREVER WAIVE, RELEASE, HOLD HARMLESS, PROMISE NOT TO SUE, AND DISCHARGE ALL RELEASED PERSONS (DEFINED BELOW) FROM ANY AND ALL CLAIMS (ALSO DEFINED BELOW) THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED PERSON ARISING OUT OF IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR USE OF THE VEHICLES. 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.

(a) Definitions.

(i) “Claims” means collectively, and without limitation, 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 attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) any of the Services, including any of the Vehicles, equipment or related information and/or (ii) Your use of any of the foregoing, including without limitation Your Use of any

Vehicles.

(ii) “Released Persons” means, collectively, Sunryde LLC and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns and to the fullest extent permitted by law any municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) which has contracted with Sunryde LLC to provide the Services.

6.2 Waiver of California Civil Code Section 1542. You expressly agree and acknowledge that You may discover facts or law different from, or in addition to, the facts or law that You know or believe to be true with respect to the Claims and the Released Persons. Nonetheless, You expressly agree and acknowledge that Section 6.1 and Section 6.3 shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 ARE EXPRESSLY WAIVED. California Civil Code Section 1542 provides:

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.

You also agree to waive any similar or analogous rights under the laws of any other state.

6.3 Limited Liability. WITHOUT LIMITATION OF THE FOREGOING GENERAL RELEASES, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED OR EXPANDED BY APPLICABLE LAW, SUNRYDE LLC AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (I) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT AND ANY RELEASE, (II) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (III) YOUR BREACH OF THIS AGREEMENT AND ANY RELEASE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THE AGREEMENT, OR YOUR VIOLATION OF ANY LAW, OR OF GOOD SAFETY PRACTICES, (IV) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY SUNRYDE LLC OR ANY RELEASED PERSON, (V) YOUR FAILURE TO WEAR A BICYCLE HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING VEHICLE, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR (VI) 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 (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF SUNRYDE LLC, OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

6.4 Voluntary Assumption of the Risk. You are solely and fully responsible for the safe operation of the vehicle at all times. You understand that this release and other sections in this Agreement describe and relate to the risks relating to Your use of the Services and Use of the Vehicles. You affirm that You have read, understand, and accept the entire release and the Agreement. You agree that the Vehicles are machines that may malfunction, even if properly maintained, and that such malfunction may cause injury. You further agree that, before any Use of a Vehicle, You will perform the safety inspection described above, and You will not Use a Vehicle that fails the safety inspection and will immediately notify Sunryde LLC of such failure. You agree that Using a Vehicle involves many inherent, obvious and not-so-obvious risks, dangers, and hazards which may result in injury or death to You or to others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Such risks, dangers and hazards include and relate to, but are not limited to: other vehicles, bicycles, pedestrians, buildings, objects, potholes, curbs, pavement cracks, ruts, uneven or unstable roadways or bike paths, light rail or rail road tracks, weather/road conditions, animals, road kill, vegetation, component malfunction or failure, the possibility of criminal or other third-party acts or omissions, negligent acts by any Released Person, Your or any third person’s negligent acts or omissions, and Your underlying known or unknown health conditions.

YOU AGREE THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE YOUR SOLE RESPONSIBILITY AND YOU ASSUME ALL RELATED RISKS.

You further agree that if Your use of any of the Services, including without limitation Your Use of the Vehicles, causes any injury or damage to another person or property, than You may be liable for all resulting injuries, damages and related costs, and You agree to indemnify the Released Persons with respect to any such claims. By choosing to Use a Vehicle, You assume full and complete responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards, and You agree that Sunryde LLC, and all other Released Persons are not responsible for any death, injury, damage, or cost caused by You with respect to any person or property, including the Vehicle itself.

6.5 Indemnification. You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all Claims, including all consequences, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of the Services, including without limitation Your Use of the Vehicles; (ii) Your activities in connection with Your use of the Services, including without limitation Your Use of the Vehicles; (iii) Your breach or alleged breach of this Agreement; (iv) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services (including without limitation Your Use of the Vehicles) or Your activities in connection with the Services; and (vii) any misrepresentation made by You (all the foregoing “Losses”). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims or Losses, with all costs to be covered by You. Released Persons reserve the right to assume the exclusive defense and control of any Claims or Losses, with all costs to be covered by You. You will not settle any Claims or Losses without, in each instance, the prior written consent of an officer of a Released Persons.

7. Disclaimers.

7.1 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, VEHICLES OR RELATED EQUIPMENT, SUNRYDE LLC AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.2 Service Provided As-Is. ALL OF THE SERVICES, VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). The Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

(a) the Services (including the Vehicles, the Content, and the equipment rented through the Services); through the Services;

(b) the functions, features, or any other elements on, or made accessible 

(c) any instructions offered, referenced, or linked through the Services, or that any information (including instructions) on the Services is accurate, complete, correct, adequate, useful, timely or reliable;

(d) whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, or other technologies that could adversely impact Your use of the Services or Your personal property;

corrected;

(e) whether any defects to or errors on the Services will be repaired or

(f) whether the Services will be available at any particular time or location, or whether Your access to the Services will be uninterrupted; and

(g) whether your use of the Services, including without limitation Your Use of the Vehicles, is lawful in any particular jurisdiction.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable. However, in those jurisdictions, Sunryde LLC expressly disclaims any and all warranties to the fullest extent permitted by applicable law.

8. Notice. You may contact Sunryde LLC, Inc. by writing or emailing as follows:

customerservice@sunryde.com

9. BINDING ARBITRATION; CLASS ACTION WAIVER.

9.1 Dispute Resolution. Certain portions of this Section 9 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and Sunryde LLC expressly agree and intend that this Section 9 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 9 can only be amended by mutual agreement.

9.2 Informal Resolution of Disputes and Excluded Disputes. If any Claim or Losses arises out of or relates to the Services or this Agreement, then You and Sunryde LLC agree to send notice to the other providing a reasonable description of the Claim or Losses, along with a proposed resolution of it. Sunryde LLC notice to You will be sent to You based on the most recent contact information that You provide Sunryde LLC. If no such information exists or if such information is not current, Sunryde LLC has no obligation under this Section 9.2. For a period of sixty (60) days from the date of receipt of notice from the other party, You and Sunryde LLC will engage in a dialog to attempt to resolve the Claim or Losses, though nothing will require either You or Sunryde LLC to resolve the Claim or Losses on terms with respect to which You and Sunryde LLC, in each of our sole discretion, are not comfortable.

9.3 BINDING ARBITRATION AND CLASS ACTION WAIVER. If You and Sunryde LLC cannot resolve a Claim or Losses, within sixty (60) days of the receipt of the notice, then You agree that that any such Claim or Losses and all other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration relating to Your use of the Services, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, You and Sunryde LLC agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or Losses arising between You and Sunryde LLC regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of this Agreement as a court would. This Section 9 and provisions on binding arbitration and class action waiver shall survive any termination of your Account or the Services.

(a) Initiating Arbitration. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Sunryde LLC at 6464 Sunset Blvd.. Los Angeles California 90028. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. The arbitration shall take place in Los Angeles, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and http://www.jamsadr.com.

(b) Fees. You and Sunryde LLC will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Sunryde LLC to pay a greater portion or all of such fees and costs in order for this Section 9 to be enforceable, then Sunryde LLC will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit You to recover attorneys’ fees. Sunryde LLC will not seek to recover attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

(c) Class Action Waiver. YOU AND SUNRYDE LLC EACH AGREE THAT ANY

DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL

BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Sunryde LLC each agree that such proceeding shall take solely by means of judicial reference pursuant to California Code of Civil Procedure section 638.

(d) Exclusions; Venue. Notwithstanding the agreement to resolve all disputes through arbitration, You or Sunryde LLC may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or Sunryde LLC may also seek relief in small claims court for Claims or Losses within the scope of that court’s jurisdiction. In the event that the arbitration provisions above are found not to apply to You or to a particular Claim or Losses, either as a result of Your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, You agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Los Angeles County, California. You and Sunryde LLC agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such Claims, Losses or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement or Your use of the Services in the event that the arbitration provisions are found not to apply. In such a case, should Sunryde LLC prevail in litigation against You to enforce its rights under this Agreement, Sunryde LLC 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 Sunryde LLC may be entitled.

(e) Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR SUNRYDE LLC WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR SUNRYDE LLC MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE

ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with JAMS as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by Sunryde LLC to seek an injunction or other equitable relief in connection with any Losses (or potential Losses) relating to the Services, any Content, intellectual property rights of Sunryde LLC, and/or Sunryde LLC’ operation of the Vehicles and/or Services.

(f) Your Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Your decision to opt-out to: customerservice@sunryde.com with the subject line “SUNRYDE LLC ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of Your first use of the Services, otherwise you shall be bound to arbitrate any disputes in accordance with the terms of this Agreement providing for binding arbitration. If You opt-out of these arbitration provisions, Sunryde LLC also will not be bound by them.

10. Miscellaneous.

10.1 Reservation of Rights. Sunryde LLC reserves the right, without any limitation to: (i) investigate any suspected breach of the Services’ security or information technology or other systems or networks; (ii) investigate any suspected breach of this Agreement; (iii) investigate any information obtained by Sunryde LLC in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this Agreement; and (iv) discontinue the Services, in whole or in part, or suspend or terminate Your access to it, in whole or in part, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to Sunryde LLC under this Agreement.

10.2 Waivers. No waiver or any breach of any provision this Agreement is a waiver of any other breach or of any other provision of this Agreement. To the extent permitted by applicable law, You agree to waive, and You hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

10.3 Headings. The headings within this Agreement are a matter of convenience and for reference purposes only. The headings are not to be used as an aid in interpretation or in any way define, limit, construe or describe the scope or intent of such section.

10.4 Survival. All sections, which by their context ought to survive this Agreement, shall survive any termination or expiration of this Agreement.

10.5 Severability. If a court deems any provision of this Agreement, including but not limited to the binding arbitration and 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.

10.6 Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one by Sunryde LLC does not preclude the availability or applicability of another or to any other right, remedy or defense provided by law.

10.7 California Consumer Rights. Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, by telephone at (916) 445-1254, or visit their website at http://www.dca.ca.gov.

10.8 Final Agreement. This Agreement constitutes the sole and entire agreement between the You and Sunryde LLC with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.

 

 

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CONTACT INFO

Address:
Los Angeles, CA 90028

Email:
contact@sunryde.com

customerservice@sunryde.com

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