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Encinitas BCycle User Bike Sharing Agreement 

TERMS AND CONDITIONS, RIDER'S RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS. 
Rider should CAREFULLY READ all terms and conditions before entering this Agreement. 
1. Purpose of Agreement This document constitutes the entire Agreement ("Agreement") between (a) Rider, the person agreeing to lease and use the bike ("Bike"), and (b) BCycle, LLC ("BCycle"). 

2. General Rental and Use of Bike: Agreements and Restrictions 
2.1 Rider is sole user: BCycle expressly agrees to let, and the Rider expressly agrees to take on, rental of the Bike subject to the terms and conditions set out herein. BCycle and the Rider are the only parties to this Agreement. The Rider is the sole lessee and is solely responsible for compliance with all terms and conditions contained herein. 
2.2 Rider is 18 or older: Rider represents and certifies to BCycle that Rider is at least 18 years old. If Rider intentionally or unintentionally misrepresents Rider�s age, Rider accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney�s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such intentional or unintentional misrepresentation. 
2.3 Rider is a competent bike operator: Rider represents and certifies that he/she is physically fit to ride the Bike and that Rider is familiar with the operation of the Bike and is reasonably competent to ride the Bike. 
2.4 Bike is exclusive property of BCycle: Rider agrees that the Bike and any equipment attached thereto, always, remains the exclusive property of BCycle. Rider will not make any type of modification to the Bike at any time. 
2.5 Bike Operating Hours and Bike Availability: Rider agrees and acknowledges that the Bikes are available 7 days a week, seasonally per year. Bikes must be rented within the maximum rental time limits set forth in 2.6 below. Bikes are limited and Bike Stations may always not have available Bikes for rental. To check the availability of Bikes, please refer to the rental locations and Bike availability on encinitas.bcycle.com. 
2.6 Maximum Rental Time and Charges: The maximum rental time is 24 hours. Rider agrees that Rider will return the Bike to a designated BCycle Bike station within no more than 24 hours from the time that rental of the Bike began. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return. Bike Rental Charges can be viewed on our rates page at stantabarba.bcycle.com/pass. If the Bike is not returned within 36 hours, it will be considered stolen and Rider will be charged $2500. Applicable local and state sales tax of California is included in rental charges. 
2.7 Bike may be used and/or operated only in the City of Encinitas. Rider agrees to only use, operate and/or ride the Bike in the City of Encinitas. Rider will not, under any circumstances, remove the Bike from the City of Encinitas. 
2.8 Rider must follow rules of use and/or operation of Bike: Rider agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, including all state and local laws and the rules and regulations pertaining to bicycles in the City of Encinitas. 
2.9 Rider must not use, ride and /or operate Bike if impaired: Rider agrees that he/she will not, under any circumstances, use, ride and/or operate the Bike if he/she has consumed, ingested and/or used alcohol or drugs and/or has a blood concentration above the jurisdictional limit prescribed. 
2.10 Bike is intended for only limited types of use: Rider agrees that he/she will not use the Bike for racing, mountain bike riding, stunt, or trick riding. Rider agrees that he/she will not operate and/or use the Bike on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees that he/she will not use the Bike for hire or reward, nor use it in violation of any law, ordinance, or regulation. 
2.11 Rider�s use of front carrier/basket is limited: Rider agrees that he/she will not fill the front carrier/basket with heavy items as they may create an unsafe condition and affect Rider�s balance and steering control. Rider acknowledges that the front carrier/basket of the Bike is intended to carry light goods only and will not carry additional people or animals in the basket or anywhere on the Bike. 
2.12 Rider must report accident, stolen or lost Bike and/or Encinitas BCycle Membership Card: Rider agrees that he/she must immediately report to BCycle and local law enforcement any accident or incident involving a Bike. Rider agrees that he/she will report a lost/stolen Encinitas BCycle Member Card to BCycle. 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 Bike and/or Encinitas BCycle Membership Card. 
2.13 Rider responsibility related to Bike use and damage: Rider agrees to return the Bike to BCycle in the same condition received, ordinary wear and tear expected. Rider agrees to ensure that the Bike is always locked and secured when unattended. Bikes may be equipped with wire locks; however, BCycle will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances, regardless of whether Bike locks are used, broken, or not properly functioning. Rider agrees to pay for any damage, including replacement parts, to and/or destruction or loss of the Bike (Rider agrees to pay for any loss even though damage was caused by someone else). All repairs needed because of any such loss, destruction or damage will be performed at the normal labor rates. In the event the Bike is lost, destroyed, or damaged beyond repair, regardless of fault or cause, Rider agrees to pay BCycle the full replacement value of the equipment. 

3. Waiver and/or Limitation of Liability 
3.1 For and in consideration of rental and use of the Bike, Rider specifically forever releases and relinquishes and discharges BCycle, LLC, Encinitas, California, all Sponsors as well as owners of property upon or near which stations are located ('Released Parties') from any and all claims, liability, cause (s) of action and/or damage or wrongful death, injury to others and/or third parties, which arise out of, result from or relate to this Agreement; the rental, maintenance, design, use and/or operation of the Bike; the Encinitas BCycle program, and/or its website, including any and all claims, liability, cause(s) of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others. By this Agreement any such claims, rights, and causes of action that Rider (and Rider�s legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and Rider (and guardian(s), if applicable) does(do) so on behalf of Rider�s heirs, executors, administrators and assigns. 
3.2 Rider expressly agrees to indemnify, release and hold harmless Released Parties from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of BCycle, the Released Parties and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike. 
3.3 Rider voluntarily agrees not to sue Released Parties, understands and recognizes that Rider will have no right to make a claim or file a lawsuit against Released Parties arising out of this Agreement, the rental, maintenance, design, use and/or operation of the Bike, the Encinitas BCycle program, and/or this website, in consideration for using and/or operating the Bike. 
3.4 This Agreement is governed by the applicable laws of California. If any provision of this Agreement is found to be unenforceable, all other provisions will be given full force and effect. 

4. Acceptance of Agreement and Terms and Conditions by Rider: Rider expressly acknowledges that he/she has carefully read the entire Agreement, including the Terms and Conditions, and understands this Agreement, including, but not limited to, the Waiver and Liability, Assumption of Risk and Indemnification Provisions fully and expressly agrees to be bound by this Agreement. After careful deliberation, Rider voluntarily gives his/her consent and expressly agrees to all the conditions included in this Agreement as set forth above. Rider has read, understands, and expressly agrees to the above Agreement and Terms and Conditions. 
This Agreement is effective December 17, 2021.
By submitting this form, you consent to sending the information to BCycle, LLC, which will be stored in the United States. This information may be used for marketing purposes by BCycle and its affiliates including Trek Bicycle Corporation and its subsidiaries. BCycle does not sell, trade, or rent your personal data to third parties. You may opt out at any time by clicking on the "unsubscribe" link that appears at the bottom of each of our emails. For a detailed explanation of Trek's collection and use of personal data please see the Privacy Policy & Terms of Use (https://sitefinity.bcycle.com/terms).
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