BEE MOBILE RENTAL AGREEMENT, WAIVER OF LIABILITY AND RELEASE
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGAL CONDITIONS FOR YOUR USE OF THE SERVICE.
In consideration of Your use of any of the Bee Mobile Services (deﬁned below) (“Bee Mobile”), Bee Mobile requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Bee Mobile Rental Agreement, Waiver of Liability, and Release (“Agreement”).
The services provided by Bee Mobile include (1) Bee Mobile mobile application and related website, (2) Bee Mobile Electric Vehicles (“Vehicle” or “Vehicles”), and (3) all other related equipment, personnel, services, applications, websites, and information provided or made available by Bee Mobile (collectively, the “Bee Mobile Services”).
You should CAREFULLY READ all terms and conditions before entering into this Agreement but here is a partial list of some of the terms that Bee Mobile wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them when deﬁned in this Agreement. However, Non-Capitalized terms are of importance and should be read carefully and with equal consideration.
THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW
0.1 ACKNOWLEDGEMENT OF TERMS: As provided in greater detail in this Release (and without limiting the express language of this Release), You acknowledge the following:
The Vehicle shall be returned to the point where it was picked up. The ride will end when you end it via the app. If it is not returned by midnight each night, You will be charged a $50 fee. If it is lost, You will be charged a $400 replacement fee. For more details, please refer to Section 2.3 below.
Upon parking, the Vehicle shall be parked at a lawful parking space, never parked on private property or in any other unapproved space. The Vehicle should be parked anywhere a bike can be parked, and shall be locked using the tether. If the tether does not work, You shall immediately call Bee Mobile Customer Service at: 1-833-4-BeeMobl.
All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging, and electric Vehicles) shall be obeyed, including any helmet laws in Your area. Bee Mobile is not responsible for any tickets, traffic violations, or damages related to Your failure to obey applicable local laws.
You shall promptly report any damaged or malfunctioning Vehicles to the “Bee Mobile App”, via e-mail, or to our call center at: 1-833-4-BeeMobl.
Bee Mobile expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.
You fully release Bee Mobile, its Affiliates, officers, directors, shareholders, employees, representatives, agents, successors and assigns, the operators and sponsors of Bee Mobile, along with the city and towns where you operate the vehicle, from all claims you have or may have against them arising out of Your use of the Bee Mobile Scooter(s) and Service(s);
Your use of the Service(s) and Scooter(s) is at your sole risk;
The Service(s) and Scooter(s) are provided “as is” and Bee Mobile makes not promises that they will be in good repair or defect-free;
You will perform a safety inspection before riding, and are competent to do so, and You will not ride a Scooter that is damaged or defective;
There are significant risks and dangers inherent in riding a Scooter and You assume those risks;
You understand that electric Scooter(s) provide a different user experience and may pose different risks and dangers, and You assume those risks with respect to electric Scooter(s) in the Bee Mobile program;
You are responsible for all injuries or damages that You cause to other people or property;
You give us Your consent to use photos or videos of You that are taken while You are using a Scooter. (THIS MAY BE ISSUE, NEEDS TO BE CLEAR THERE IS AN OPT OUT CLAUSE, I WOULD INCLUDE THE FOLLOWING) You have the option of opting out of our use of photos or videos of you at the start of using a Scooter and our services.
1. GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider is Sole User
Bee Mobile and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the location, the Vehicle shall be used only by You. You shall not allow others to use a Vehicle that You have activated from the location.
1.2 Rider is At Least 18 Years Old
Rider represents and certiﬁes that Rider is at least 18 years old. You must be 18 or older to ride. You are prohibited from riding if you are under the age of 18.
1.3 Rider is a Competent Vehicle Operator
Rider represents and certiﬁes that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically ﬁt to ride the Vehicle. You can find materials provided by the Vehicle manufacturers at www.bee-mobile.co . This information may be updated periodically. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat, or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4 Vehicle is the Exclusive Property of Bee Mobile
Rider agrees that the Vehicle and any Bee Mobile equipment attached thereto, at all times, remain the exclusive property of Bee Mobile. You shall not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Bee Mobile equipment in any way. You shall not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You shall not use a Vehicle, or other Bee Mobile equipment, for any advertising or other commercial purpose without the express written permission of Bee Mobile.
1.5 Vehicle Operating Hours and Vehicle Availability
Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles shall be rented within the maximum rental time limits set forth below. The number of Vehicles is limited and Vehicle availability is never guaranteed.
1.6 Vehicle May be Used and/or Operated only in Metropolitan Areas
Rider agrees to only use, operate, and/or ride the Vehicle in bike lanes or on sidewalks or in the alternative if the speed limit is no greater than 15 mph, only as permitted by motor vehicle laws, Highways, expressways, parkways, interstates, and all other high traffic roads are strictly prohibited.
1.7 Rider Shall Follow Laws Regarding Use and/or Operation of Vehicle
Rider agrees to follow all the laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider also agrees to act with courtesy and respect toward others while using the Bee Mobile services. Bee Mobile is not responsible for any tickets, traffic violations, or damages in client’s failure to obey applicable laws. Rider is responsible for knowing and adhering to specific Motor Vehicle law.
1.8 Prohibited Acts
- Bee Mobile recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag or other item that can alter balance or impair safe operation of the Vehicle.
- You shall not place any objects on the handlebar of the Vehicle, including but not limited to items such as heavy backpacks or bags. Total weight on the scooter shall not exceed 240 lbs.
- While riding a Vehicle, You shall not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
- You shall not operate a Vehicle while under the inﬂuence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.
- You shall not carry a second person or child or infant or animal on a Vehicle.
- You may only use locking mechanisms provided by Bee Mobile. You may not add another lock to the Vehicle or lock. If the locking tether is not work, immediately contact Bee Mobile Customer Support at: 1-833-4-BeeMobl.
- The Vehicle shall be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down. See paragraph 2.5 associated with non-compliance with this clause.
- The Vehicle shall be parked in a space where bikes or other scooters can be lawfully locked.
- No Rider shall use alcohol or be under the influence of alcohol while operating the Bee Mobile vehicle.
1.9 Vehicle is Intended for Only Limited Types of Use
Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
1.10 Weight and Cargo Limits
You shall not exceed the maximum weight limit for the Vehicle (240 pounds). Maximum weight includes all bags, back packs, etc. that You may be carrying with you.
1.11 No Tampering
You shall not tamper with, attempt to gain unauthorized access to, or otherwise use the Bee Mobile Services other than as speciﬁed in this Agreement.
1.12 Reporting of Damage or Crashes
Rider shall report any accident, crash, damage, personal injury, or stolen or lost Vehicle to Bee Mobile as soon as possible. If a crash involves personal injury, Rider shall ﬁle a report with the local police department within 24 hours. 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 a stolen or lost Vehicle.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT
1.13 Rider Responsibility for Vehicle Use and Damage
Rider agrees to return Vehicle in the condition in which it was rented. Rider will not be responsible for normal wear and tear.
1.14 Electric Vehicle
The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
- The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
- The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.
- The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
- It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
- The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.
- The Vehicle may run out of charging power and cease to operate at any time during the Rider’s rental of the Vehicle, including before reaching Rider’s desired destination.
1.15 Charging of Vehicle
If the Vehicle runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. Rider shall return the Vehicle to the location it was rented. If the battery drains in less than half of the advertised distance available per ride, Rider is eligible to pick up a second scooter free of charge.
2. PAYMENT AND FEES
Rider may use the Vehicle on a pay per ride basis or as otherwise described in the Bee Mobile mobile application. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Bee Mobile. Bee Mobile will charge the Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.
2.2 Promo Codes
. Promo codes (discounts) are one-time offers and can be redeemed only via the Bee Mobile App. Bee Mobile reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
2.3 Maximum Rental Time and Charges
Maximum rental time is 18 hours. Rider agrees that Rider will deactivate the Vehicle rental within 18 hours of renting a Vehicle. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle. Vehicles not returned (locked and ride concluded) within 48 hours will be considered lost or stolen, and Rider may be charged up to $400 and a police report may be ﬁled. Bee Mobile may also charge a service fee of $50 for rentals in excess of 24 hours where the Vehicle is not lost or stolen.
2.4 Valid Credit Card or Debit Card
. To be registered to use the Bee Mobile Services, Rider shall provide Bee Mobile with a valid credit or debit card number and expiration date. Rider represents and warrants to Bee Mobile that Rider is authorized to use any credit or debit card Rider furnishes to Bee Mobile. Rider authorized Bee Mobile to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Bee Mobile. If Rider disputes any charge on Rider’s credit or debit card account, Rider shall contact Bee Mobile within 10 business days from the end of the month with the disputed charge, and provide to Bee Mobile all trip information that is necessary to identify the dispute and the approximate starting and ending times of the ride associated with the disputed charge. Rider agrees to immediately inform Bee Mobile of all changes relating to the card.
2.5 Pick Up Fees
If You are unable to return a Vehicle to a valid area (i.e. You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by Bee Mobile staff, Bee Mobile, at its sole discretion, may choose to charge You a pick-up fee up to $120. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently $120.00) to recover the Vehicle. Fees are subject to change.
3.1 Safety Check
Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following:
(i) condition of the wheels;
(ii) safe operation of all brakes and lights,
(iii) good condition of the frame;
(iv) sufficient battery charge power;
(v) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert Bee Mobile of any issues or problems. Reports of malfunction shall be made with one (1) hour of finding the problem.
3.2 Lost or Stolen Vehicle
A Vehicle may be deemed lost or stolen if
(a) the Vehicle is not returned within 24 consecutive hours,
(b) the Vehicle’s GPS unit is disabled,
(c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non-public space for more than 10 minutes after a ride ends,
(d) the Vehicle moves more than thirty feet after a rental has ended and Bee Mobile believes such movement was not caused by another Rider or authorized third party,
(e) other facts and circumstances that suggest to Bee Mobile in its reasonable, good faith determination that a Vehicle has been lost or stolen. Bee Mobile and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstance suggest otherwise to Bee Mobile in its reasonable, good faith determination. If Bee Mobile deems a Vehicle lost or stolen, Bee Mobile shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and ﬁling a police report with local authorities. Rider agrees the data generated by Bee Mobile’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to Bee Mobile immediately or as soon as possible.
3.3 Helmets; Safety
Bee Mobile recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, ﬁtted and fastened according to the manufacturer’s instructions. Bee Mobile and all other Released Persons (deﬁned below in Section 15) do not represent or warrant the quality or safety characteristics of any helmet, and the Rider agrees that none of the Released Persons will be held liable for any injury suffered by Rider while using any of the Bee Mobile Services, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear . Rider may need to take additional safety measures or precautions not speciﬁcally addressed in this Agreement.
3.4 Vehicle Routes
Rider agrees that Bee Mobile does not provide or maintain places to ride Vehicles, and that Bee Mobile does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.
3.5 Limitations on Vehicle Rental
Rider agrees that Bee Mobile is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Bee Mobile provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualiﬁed to have agreed to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
3.6 Limitations on Availability of Bee Mobile Services
Bee Mobile makes every effort to provide Bee Mobile services 365 days per year, but does not guarantee that Bee Mobile Services will be available at all times, as unforeseen events or other circumstances might prevent Bee Mobile from providing the Bee Mobile Services. Access to Bee Mobile Services is also conditional on the availability of Vehicles. Bee Mobile does not represent or warrant the availability of any of Bee Mobile Services or the availability of any Vehicle at any time. Rider agrees that Bee Mobile may require Rider to return a Vehicle at any time.
4.1 Termination by Bee Mobile
At any time and from time to time, and without Rider’s consent, Bee Mobile may unilaterally terminate Rider’s right to use the Bee Mobile Services, in Bee Mobile’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Bee Mobile Services at any time; provided, however, that (i) no refund will be provided by Bee Mobile, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Bee Mobile Services, regardless of how the Agreement is terminated.
5. Conﬁdentiality of Information; Privacy Policies
License to Image and Likeness
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably:
(1)give Your full and unconditional consent to Bee Mobile and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other Bee Mobile Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity;
(2) grant to Bee Mobile and its affiliates, successors, and assigns
(a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Bee Mobile Services, at any time and from time to time,
(b) all rights, copyrights, title, and interests in the results of such photographs, videos and other recordings, as a work for hire for copyright purposes, and
(c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Bee Mobile may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and
(3) waive, release, and discharge all Released Persons from all Claims (deﬁned below in Section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
Bee Mobile may be contacted by emailing [email protected] or by mail at 980 Broadway, P.O. Box 541, Thornwood, NY 10594.
8. Choice of Law; Dispute Resolution
This Agreement is governed by, and shall be construed and enforce in accordance with, the laws of the State of New York, excluding principles of conflicts of law. For every dispute regarding this Agreement:
(i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled;
(ii) each party consents to the jurisdiction of the courts of the State of New York and agrees that those courts have personal jurisdiction over each party;
(iii) venue shall be in Westchester, New York.
9. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1 Initial Dispute Resolution
Rider Support is available via the app to address any concerns you may have regarding Your use of a Vehicle and/or this Agreement. The parties shall use their best eﬀorts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.
9.2 Binding Arbitration
If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use and rental of a Vehicle, this Agreement, and the parties’ relationship with each other shall be ﬁnally settled by binding arbitration administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all 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. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the ﬁling fee for the arbitration exceeds the cost of ﬁling a lawsuit, Bee Mobile will pay the additional cost. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court.
Further, if Bee Mobile LLC prevail in litigation against, or settles a dispute with, You to enforce its rights under this Release, Bee Mobile LLC, as applicable, shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, mediation, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Bee Mobile LLC, as applicable, may be entitled.
The arbitration will take place in Westchester, New York.
9.4 Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BEE MOBILE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
9.5 Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
9.6 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 the follow address: 980 Broadway, P.O. Box 541, Thornwood, NY 10594. The notice shall be sent within 30 days of the effective date or your ﬁrst use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Bee Mobile also will not be bound by them.
9.7 Changes to this Section
Bee Mobile will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period. For any dispute not subject to arbitration you and Bee Mobile agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Westchester, New York. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
10. Waiver and Severability
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
11. Cumulative Remedies
. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability of another or to any other right or remedy provided by law.
12. Final Agreement; Modiﬁcation by Bee Mobile
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without a Rider’s consent, Bee Mobile may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Bee Mobile Services after any amendment, modiﬁcation, or change, Rider has agreed to be bound by all such amendments, modiﬁcations, and changes. Rider shall carefully review this Agreement on a regular basis to maintain awareness of all amendments, modiﬁcations, and changes. Whenever a change is made to this Agreement, Bee Mobile will post a notiﬁcation on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
13. Contract Interpretation
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to”. Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
14. Voluntary Execution of this Agreement
This Agreement is entered into without any duress or undue inﬂuence on the part or behalf of Bee Mobile. Rider acknowledges that he/she
(a) has read this Agreement;
(b) understands the terms and consequences of this Agreement, including the releases it contains; and
(c) is fully aware of the legal and binding effect of this Agreement.
15. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK
In exchange for Rider being allowed to use Bee Mobile Services, Vehicles, and other equipment or related information provided by Bee Mobile, Rider agrees to fully release, indemnify, and hold harmless Bee Mobile and all of its owners, managers, affliates, employees, contractors, officers, directors, shareholders, agents and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide Bee Mobile Services, and every sponsor of any of the Bee Mobile Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising use of or in any way related to Rider’s use of the Bee Mobile Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct general and complete releases of all Claims.
“Claims” means, collectively, 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 attorney’s fees, otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, ﬁxed, conditional, or contingent) that arise from or related to (a) any of the Bee Mobile Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Rider’s use of any of the foregoing.
To the fullest extent permitted by law, and as to Rider’s use of any of the Bee Mobile Services, Vehicles, or related equipment, Bee Mobile and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and ﬁtness for a particular purpose. All of the Bee Mobile Services, Vehicles, and related equipment are provided “as is” and “as available,” and Rider relies on them at Rider’s own risk.
Rider is aware that Rider’s use of any of the Bee Mobile Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
- Vehicles and other objects;
- Vehicle or component malfunction;
- Road conditions;
- Weather conditions;
- Failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;
- Commission of any of the prohibited acts listed in Section 1.8;
- Failure to perform the required safety check pursuant to Section 3.1;
- Failure to wear a helmet where required by law; and
- Negligent acts or omissions by Bee Mobile, any other Released Person, Rider, or third party.
Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Bee Mobile, the Released Parties, and Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of Bee Mobile Services, and expressly waives Rider’s rights under any statutes that purport to preserve Rider’s unknown claims.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions of this entire Agreement including Section 15 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extend permitted by the law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically ﬁt to ride the Vehicle. I certify that I have fully viewed and fully complied with all instructions provided by the Bee Mobile App, for proper Vehicle inspection, prior to using such Vehicle and will indemnify Bee Mobile of any injury or harm that may come to myself and/or others due to my failure to comply with the safety inspection.
I certify that I am the Rider, all details I have submitted are accurate, I am 18 years old or over, I will wear a helmet where required by law, I will not ride a Bee Mobile with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.