TERMS AND CONDITIONS
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) Trinity Metro Bikes (“TMB”).
2. GENERAL RENTAL AND USE OF BIKE: Agreements and Restrictions
2.1 RIDER is sole user: TMB 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. TMB 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 meets age requirement: RIDER represents and certifies 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 misrepresentation. ADDITIONALLY, RIDER ACKNOWLEDGES THAT, ACCORDING TO FORT WORTH ORDINANCE NO. 1528, SEC. 22-245, IT IS UNLAWFUL FOR ANYONE UNDER THE AGE OF 18 YEARS TO OPERATE A BICYCLE WITHOUT WEARING A HELMET, OR FOR A PARENT TO ALLOW A MINOR UNDER THEIR CARE TO DO THE SAME, AND RIDER AGREES TO ABIDE BY ALL STATE AND LOCAL CYCLING LAWS WHILE OPERATING THE BIKE.
2.3 RIDER is a competent bike operator: RIDER represents and certifies that they are familiar with the operation of the Bike, and is reasonably competent and physically fit to ride the Bike.
2.4 Bike is exclusive property of TMB: RIDER agrees that the Bike and any equipment attached thereto, at all times, remains the exclusive property of TMB. RIDER will not deconstruct or make any temporary or permanent modification to the Bike at any time.
2.5 Bike Operating Hours and Bike Availability: RIDER agrees and acknowledges that the Bikes are available 24 hours, 7 days/week. Bikes must be rented within the maximum rental time limits set forth in 2.6 below. Bikes are limited and Bike availability at any station is never guaranteed.
2.6 MAXIMUM RENTAL TIME AND CHARGES: Maximum rental time is based on the stated time allotment of the pass purchased. RIDER agrees that RIDER will return the Bike to a designated TMB Station within the stated time allotment of the pass purchased. RIDER agrees that they are solely responsible for being aware of any elapsed time related to the timely return. Bike Rental Charges, on top of the initial pass fee, are charged as they accrue based on the pass purchased. Bikes checked out beyond 12 hours will be considered stolen, and Rider will be charged $2500 replacement fee. Rider may be charged $50 recovery fee for Bikes that are lost or abandoned and then returned or recovered. Bikes are considered abandoned if left unattended in a public space, or in public view. RIDER may be charged an additional fee for an improperly docked Bike. For annual members, membership will expire one year from the date of the first checkout.
2.7 Bike may be used and/or operated only in the City of Fort Worth, TX: RIDER agrees to only use, operate and/or ride the Bike in the City of Fort Worth, TX. RIDER will not, under any circumstances, remove the Bike from the City of Fort Worth, TX.
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 Fort Worth, TX.
2.9 Bike is intended for only limited types of use: RIDER agrees that they will not use the Bike for racing, mountain bike riding, stunt or trick riding. RIDER agrees that they 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 they will not use the Bike for hire or reward, nor use it in violation of any law, ordinance or regulation. RIDER agrees that they will not transport the Bike by any other means than riding or walking the Bike. RIDER agrees that they will not place the Bike on or in a bus, train, car, truck bed, trailer, or bicycle trailer. RIDER agrees that they will not place the Bike inside of doors, including, but not limited to, public buildings, private residences, or private businesses.
2.10 RIDER’s use of front carrier is limited: RIDER acknowledges that the front carrier of the Bike is intended for light goods only, 10 lbs maximum, and that they will not carry people or animals anywhere on the bicycle.
2.11 RIDER must report accident, stolen or lost Bike: RIDER agrees that they must immediately report an accident, or a stolen or lost Bike to TMB and FW Police. RIDER agrees that they are 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.
2.12 RIDER responsibility related to Bike use and damage: RIDER agrees to return the BIKE to TMB in the same condition received, ordinary wear and tear expected. TMB will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances. RIDER agrees to pay for destruction or loss of Bike and for any damage, including replacement parts. RIDER agrees to pay for any loss even though damage was caused by someone else. All repairs needed as a result of any damage, will be performed at the normal labor rates. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay TMB the full replacement value of the equipment.
2.13 TMB retains the right to confiscate Bikes and/or permanently ban the RIDER from the TMB program as determined by all of the above guidelines in the RIDER agreement, including, but not limited to: not being docked per the time allotment of pass purchased, Bikes ridden outside of the City of Fort Worth, TX, misuse of system, misuse of Bikes, safety concerns to Rider and/or the public.
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 TMB, PBSC, the City of Fort Worth, TX, Fort Worth Transportation Authority, all TMB 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 TMB 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 TMB, 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, 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 TMB 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 the State of Texas. 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 they have 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 their consent and expressly agrees to all the conditions included in this Agreement as set forth above. RIDER acknowledges that they will regularly visit this Agreement to familiarize themselves with any updates.