Delivery Drivers Renter Agreement and Release of Liability Agreement
SUNRYDE E-BIKE RENTAL AGREEMENT AND RELEASE
Welcome to Sunryde! The following are agreements we ask of all riders to ensure your safety and the safety of your Sunryde bike for the duration of your subscription with us.
Sunryde Inc., a Delaware 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 "E-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.
1. Terms of Bike Rental
Rental Term and Termination. Your Rental begins when you first take possession of a Bike from Sunryde's designated pick-up or return areas. This Agreement is effective at such time and shall continue until you return the Bike(s) to Sunryde at a designated return area, or immediately upon your breach of any term of this Agreement. Upon termination, your right to use the Bike(s) will cease immediately. Sunryde may disable all or part of the functionality of any Bike(s) in order to effectuate the termination.
Location Sharing. At all times during the Rental period, the Renter consents to share location data from the rented Bike(s). The Renter may revoke this consent via written request to Sunryde. Location data will not be shared with any third parties without the Renter’s explicit consent or unless required by law. Location data will be anonymized where applicable.
Late Payment Fees. All fees are due as per the terms outlined on Sunryde’s platform. A $2/day administrative fee will be assessed for any missed payments. Sunryde may charge a maximum interest rate of 6% per annum or the maximum rate allowable under state law, whichever is lower. In the case of non-payment, Sunryde reserves the right to refer outstanding debts to a collection agency at the renter’s expense, including reasonable attorney's fees.
For weekly or monthly rentals, if the renter is late on payments for over two weeks, the rental status will automatically be changed to repossession status. If the renter fails to pay for the third or fourth invoice, Sunryde reserves the right to repossess the Bike(s) without further notice, and the renter will be responsible for all associated costs of repossession.
Rent to Own. The Rent-to-Own option is available at Sunryde’s discretion. The terms include the following: Rental fees will be credited towards the purchase price of the Bike(s), with an interest rate of 1.5% per month. At the end of the Rent-to-Own period, ownership will transfer to the Renter, subject to the payment of all applicable fees. Sunryde reserves the right to allow early ownership transfers under specific terms which will be disclosed in writing at the time of the transfer request.
2. Assumption of Risk
Renter is aware of the inherent risks of injury, death, and property damage involved in using an electric bicycle, including risks due to collisions, loss of balance, or equipment failure. Renter assumes all known and unknown risks involved in using the Bike(s) during the rental period.
3. Release and Waiver of Claims
The Renter releases Sunryde and its affiliates from all liability, including personal injury, death, property damage, or financial loss, arising from the use of the Bike(s). This release includes all known or unknown claims, including those that might be uncovered in the future. This release is subject to applicable laws regarding waiver of rights, including California Civil Code §1542, which the Renter expressly waives.
4. Indemnification
The Renter agrees to indemnify and defend Sunryde from any claims brought by third parties arising out of this Agreement or the use of the Bike(s), including claims for personal injury or property damage.
5. Warranties
Sunryde warrants that, at the time of rental, all Bike(s) are in safe condition and suitable for their intended use. However, this warranty excludes damage resulting from misuse, negligence, or unauthorized modifications. Sunryde is not liable for damages resulting from any third-party products not approved by Sunryde.
6. Terms and Conditions of Use of Bikes
Acceptable Use. The Renter agrees to operate the Bike(s) in a careful and conscientious manner, in compliance with all applicable laws and traffic regulations. The Renter is responsible for ensuring the bike is roadworthy before use.
Prohibited Activities. The following activities are prohibited:
- (a) Operating the Bike under the influence of alcohol or drugs;
- (b) Stunt riding;
- (c) Carrying passengers;
- (d) Off-road riding.
Bike Locking Policy. The Renter agrees to lock the Bike at all times using the chain provided by Sunryde or another approved locking mechanism. Failure to do so will result in the following penalties:
- First offense: A $30 fine.
- Second offense: A $50 fine.
- Third offense: The Bike will be repossessed by Sunryde, and the Renter will be liable for any associated costs.
Field Technicians Monitoring. Sunryde reserves the right for its field technicians or designated representatives to monitor the condition of the Bike(s) to ensure they remain in good working order. These technicians may perform routine checks or inspections, which may involve tracking and servicing the Bike(s) as deemed necessary for safety and maintenance purposes.
Theft and Failure to Return. If the Bike is reported as stolen or not returned by the Renter when requested by Sunryde, Sunryde reserves the right to take appropriate actions, including filing a police report. Sunryde will take further legal actions as necessary, but nothing in this Agreement implies or assumes that Sunryde is aware of or responsible for the theft or failure to return the Bike(s).
Unsafe Use. Sunryde reserves the right to terminate the rental if the Bike(s) are used in an unsafe or hazardous manner. No refund will be issued if the rental is terminated for unsafe use.
7. Condition of Bike upon Return
The Renter is responsible for returning the Bike(s) in the same condition as when rented, except for ordinary wear and tear. Any damage beyond ordinary wear and tear will be charged to the Renter, including the cost of repairs, replacement, and attorney’s fees. Loss or damage to the Bike(s) will be assessed at Sunryde’s sole discretion.
8. Terms and Conditions of Cargo Use
Renter acknowledges the risks of using the Bike(s) to carry cargo, including potential loss of control due to uneven weight distribution. Renter assumes responsibility for any damages resulting from carrying cargo.
9. Return Policy and Holding the Bike
The Renter must return the Bike(s) to Sunryde within the specified rental period. Failure to return the Bike(s) will result in charges for the full replacement cost. Sunryde is authorized to report outstanding payments and bike returns to credit agencies. Theft of the Bike will result in criminal charges under California Penal Code 487 PC.
If the Renter does not return the Bike(s) at the end of the rental period, Sunryde may report the failure to the credit bureaus, which may affect the Renter's credit score. Theft of the Bike is considered Grand Theft in the State of California, the cost for the bike is $3,200.00 and penalties for theft include up to 1 year in county jail for misdemeanor theft and up to 3 years of incarceration for felony Grand Theft.
Underage Renters:
A parent or guardian must sign on behalf of a minor renter. The parent or guardian is responsible for all terms, including indemnification and liability for damages or injuries.
