In consideration of Your use of any of the Motivate Services (defined below), You ("Subscriber", "You", or "Your") agree to all terms and conditions in this Rental Agreement. In order to rent a Bicycle, You must also agree to the terms of the Liability Waiver, Release, Indemnification, and Voluntary Assumption of the Risk ("Release"). The Motivate "Services" are operated and provided by Motivate Minnesota, LLC ("Motivate") and are composed of several elements, including (1) Bicycle stations, including "virtual" stations, and associated street treatments such as wheel stops, kiosks, flexible delineators and pavement markings ("Stations"), (2) automated kiosks ("Kiosks"), (3) separate stands that allow the docking of Bicycles ("Bike Docks"), (4) Nice Ride bicycles, including dock-based and dockless bicycles and including electric bicycles and pedal bicycles (collectively, "Nice Ride bicycles" or "Bicycles"), (5) Nice Ride mobile application ("Mobile Application") and Nice Ride websites, niceridemn.org and niceridemn.com (collectively, the "Website") (the Mobile Application and the Website, collectively, the "Platform"), and (6) all related equipment, personnel, and information.
Annual Subscription. If you subscribe for an annual membership ("Annual Membership"), You agree to be charged the membership fee plus any usage fees and upgrade costs set forth in Section 2 that You incur. The membership fee amount is listed on the Services' website at "www.niceridemn.org" ("Website") and is subject to applicable sales taxes and other local government charges, which may be charged and collected by Motivate.
Short-Term Subscriptions. If You purchase a single ride pass, 24-hour pass, or other short-term subscription (each, an "Access Pass") granting You access to the Services, Motivate may place a security deposit hold on Your acceptable credit or debit card, and you agree to be charged the fee for the Access Pass plus any usage fees and upgrade costs set forth in Section 2 that You incur, each subject to applicable sales taxes and other local government charges. The amount of the security deposit could remain on Your credit or debit card account for an amount of time to be determined by Your bank's policies regarding holds. You may purchase up to four Access Passes (to remove up to four Bicycles) on each credit or debit card. Motivate will place an additional security deposit hold on Your credit or debit card for each additional Bicycle and You will be charged all applicable fees for the use of Bicycles with the Access Pass purchased with Your credit or debit card.
Your Ride Time will be calculated beginning when You unlock a Bicycle. If You end Your rental by returning the Bicycle to a Bike Dock or engaging the on-board lock (if any) before the end of the time period during which usage fees are not applicable, as indicated on the Website or displayed at the Kiosks for Your subscription type (such time period, the "Initial Free Ride Period"), no usage fee will be charged. If You do not end Your rental within the Initial Free Ride Period, You will be charged the applicable usage fees set forth on the Platform or displayed at the Kiosks, which are subject to applicable sales taxes and other local government charges.
Use of certain Bicycle types, such as electric bicycles, may incur upgrade costs at amounts listed on the Platform and on the Kiosks. If You ride a Bicycle that incurs an upgrade cost, You will be charged the upgrade cost in addition to any other applicable subscription and usage fees.
If You have subscribed to an Annual Membership, on the 1st day of each month, the total amount of all of Your usage fees and upgrade costs will be charged to Your Account and charged against Your acceptable credit or debit card. For short-term subscriptions, such fees will be charged upon expiration of Your subscription. At any time, You may access a statement of Your trip history for Your Annual Membership and associated charges by logging into Your Account profile page on the Website. If You have any dispute regarding a chargeable trip, then You must, within 10 business days from the end of the prior month with the disputed charge, provide to Motivate all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.
The data generated by the Services’ computer is conclusive evidence of the period of Your use of a Bicycle. Your use of a Bicycle is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the Bicycle, until the Bicycle is found or returned to a Bike Dock. If a Bicycle rental is not ended within a period of 24 consecutive hours, then the Bicycle is deemed lost or stolen, Your credit or debit card will be charged a lost bike fee of up to $1,200, and a police report may be filed with local authorities. You must return the Bicycle in the same condition in which You rented it. If You end a rental with a Bicycle that is damaged or in a state of disrepair, then You may be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Bicycle is not returned or is returned in a damaged state. Motivate will attempt to contact You before charging the Your credit or debit card, by using the contact information You provided when subscribing to the Services. For any disappearance of a Bicycle that was released using Your subscription, You must report the disappearance to the local police department and to Motivate within 24 hours following the disappearance.
If Your system key is lost or damaged, a replacement may be obtained by calling 1-877-551-6423 or by emailing customerservice@niceridemn.org and reporting the loss or damage. A replacement fee of $5 for the lost or damaged key will be charged, and a replacement key will be mailed to Your mailing address of record. Alternatively, You can use the Mobile Application to unlock Bicycles and ride without a key. All fees are subject to applicable sales taxes and other local government charges.
You must input a valid credit or debit card number and expiration date before You will be registered to use the Services, and You must maintain a valid credit or debit card throughout the duration of Your subscription. You represent and warrant to Motivate that You are authorized to use the credit or debit card. You authorize Motivate to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You dispute any charge on Your credit or debit card account, then You must contact Motivate within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Motivate of all changes relating to Your credit or debit card and update Your member profile on the Platform. If the credit or debit card connected to Your Membership becomes invalid at any time and You do not replace it on Your Membership profile with a valid credit or debit card, Motivate may suspend Your Membership.
You may not ride a Bicycle if You are under 18 years of age.
You may not ride a Bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to safely operate the Bicycle.
You may not use or wear any cellular telephone, tablet, laptop, text messaging device, portable music player, or other handheld or other device that may distract You from safely operating a Bicycle.
You may not operate a Bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Bicycle.
Please walk Your Bicycle, do not ride it, to and from the outer edge or perimeter of a Station and the Bike Dock when taking or returning it. You may not ride on or operate a Bicycle within the outer edge or perimeter of a Station.
Each Bicycle is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) using a Bicycle or in the basket.
You may not dock or lock any bicycle other than a Motivate Bicycle in any Station.
You may not bring a Bicycle in a car, ferry or train.
You may not use any locking mechanism, other than the locking mechanisms provided in the Bike Dock or on the Bicycle, to immobilize a Bicycle or lock a Bicycle to a Bike Dock.
You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for bicycle riders.
You may not modify, dismantle, write on, or otherwise alter or deface a Bicycle or any part of a Bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. You may not use a Bicycle for any advertising or similar commercial purpose.
You may not attach anything to a Bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles.
You may not exceed the maximum weight limit for the Bicycle (260 pounds) or the basket (17 pounds), and You may not otherwise use the basket improperly with regard to type of contents or any visual obstruction or riding impediment. You understand the basket is not a child seat.
You may not operate a Bicycle in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it more dangerous to operate a Bicycle. You must limit or adjust Your riding behavior and braking distance to suit the weather conditions, and You must promptly act in a safe manner and, if it would be necessary and prudent to do so, return Your Bicycle to an available Bike Dock or engage the on-board lock (if any).
You may not allow others to use a Bicycle that You have unlocked or removed from a Bike Dock. You understand that when You unlock a Bicycle or remove a Bicycle from a Bike Dock, the Bicycle may be used only by You. You may not transfer Your system key, 7-digit code on the system key, or any other unique Subscriber information to any other person. You may not share Your membership or subscription with any other person.
YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND 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.
Before each use of a Bicycle, You must conduct a safety inspection of the Bicycle, which You acknowledge You are competent to do, and which includes inspecting for all of the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) alignment of the fender and the metal rods that hold the 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. If the Bicycle You are using is an electric bicycle, You should also confirm that the battery is locked securely in place in the frame of the Bicycle. You may not ride the Bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Motivate of all problems and issues and use a different Bicycle. You agree to press the "Faulty Bike" button within 1 minute after docking or locking any Bicycle that You notice has any mechanical or other problem or safety issue. You must not attempt to repair any Bicycle.
Your Annual Membership subscription becomes valid and active upon purchase. Other subscription types become valid and active upon Your first rental. If You have purchased an Annual Membership, Motivate will mail a system key to the mailing address listed by You. You must activate the system key on the Website, under the "Member Login" heading, before using the system key for the first time.
To return a Bicycle that is not equipped with an on-board lock, You must secure it into an available Bike Dock. When the Bicycle is correctly docked, a sound signal will be emitted, and the signal light will turn yellow and then green, to confirm that the Bicycle has been properly secured to the Bike Dock. If the Bicycle is not properly secured to the Bike Dock, then the signal light will turn red, and a longer signal sound will be emitted. If the signal light turns red, then You must repeat the operation until the signal light turns green and the Bicycle is properly secured in the Bike Dock. If after several attempts the signal light does not turn green, then You must return the Bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then You must push the "Time Credit" icon on the Kiosk screen to obtain an additional 15-minute credit in which to return the Bicycle to another Station. No fee is charged for the additional 15-minute credit. Any Bicycle that is not properly secured remains the Your sole responsibility, and the usage fees described in Section 2 will be charged until the Bicycle is properly secured.
To return a Bicycle that is equipped with an on-board lock, You must park the Bicycle by engaging the on-board lock while the Bicycle is within any boundaries identified on the map in the Mobile Application, and in an area accessible by the public at all hours, where bicycle parking is permitted in accordance with applicable laws and regulations, in an upright position and out of the way of pedestrian and vehicle traffic. You may not park a Bicycle in any place that is inaccessible to the public, such as your home or office, or in any place that is unsafe. You will be solely responsible for any damage to a Bicycle that is damaged or confiscated as a result of improper or illegal parking of a Bicycle.
You may print a receipt to confirm that the Bicycle has been properly returned to the Bike Dock, by pushing the "Print Receipts" icon on the Kiosk screen. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip.
Motivate strongly recommends that all users of the Services wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. Motivate does not provide helmets and it is Your sole responsibility to utilize a bicycle helmet or other protective gear. MOTIVATE AND THE OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY HELMET, AND YOU AGREE THAT MOTIVATE AND THE OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY INJURY YOU SUFFER WHILE USING ANY OF THE SERVICES, WHETHER OR NOT YOU ARE WEARING A HELMET OR OTHER PROTECTIVE GEAR AT THE TIME OF INJURY. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING AND GEAR. You agree that, when using any of the Services, You might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.
"Released Persons" or "RELEASED PERSONS" means, collectively, (i) Motivate and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) Nice Ride Minnesota, a Minnesota non-profit corporation and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (iii) the City of Minneapolis and all of its elected and appointed officers, officials, employees, and agents, (iv) every sponsor of any of the Services and all of the sponsor's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (v) every holder of property on which is located a Station and all of the property holder's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
1. You represent, warrant, and agree that You are a safe and competent Bicycle operator, You are sufficiently fit and physically capable to safely ride a Bicycle without any risk to Your health, You are knowledgeable about the operation of a Bicycle, and You are knowledgeable about the laws pertaining to Bicycles operated within the City of Minneapolis. LIKE ANY PHYSICAL ACTIVITY, RIDING A BICYCLE MAY CAUSE MINOR OR MAJOR 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.
2. You represent, warrant, and agree that Motivate is not responsible for providing or maintaining bicycle lanes or any other place where You may ride Bicycles, and that Motivate and the other Released Persons do not guarantee that there will always be a safe place to ride a Bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and routes designated for bicycles or electric bicycles, as applicable.
3. You represent, warrant, and agree that Motivate and the other Released Persons are not common carriers. 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. Motivate provides Bicycles 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 Bicycle on their own and who have agreed to all terms and conditions of this Rental Agreement.
4. You agree that access to the Services is denied to any person less than 18 years of age.
5. You must report to the police and to Customer Services at 1-877-551-6423 as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Bicycle, (ii) any vandalism of any of the Services, (iii) any stolen or lost Bicycle, and (iv) any stolen or lost system key.
6. You are fully and completely responsible for all charges, damages, and injuries that arise from or relate to any use of Your system key before (i) a deactivation of the key by Motivate upon the expiration of membership, or (ii) a report to the Customer Services at customerservice@niceridemn.org that the system key is lost or stolen.
Motivate makes every effort to provide the Services every day from the beginning of April to the beginning November each year; however, Motivate does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Motivate from providing the Services from time to time. Access to the Services also is conditioned on the availability of Bicycles and available Bike Docks at each Station. Motivate does not represent or warrant the availability of any Services or the availability of any Bicycles or Bike Docks at any Station. No sponsor of the Services has any responsibility for providing any Services. You may use the Platform to check the inventory of Bicycles and Bike Docks available at a Station. You agree that Motivate may require You to return a Bicycle at any time.
The term of this Rental Agreement begins when You first access the Services, and ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under Section 4 of this Rental Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your subscription. At any time and from time to time, and without Your consent, Motivate may unilaterally terminate Your right to use any of the Services, in Motivate‘s sole discretion and without any notice or cause. For the avoidance of doubt, the terms of this Rental Agreement apply to any renewal of Your Annual Membership and to any short-term subscriptions You purchase subsequent to Your initial subscription.
You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Motivate, (ii) the term of this Rental Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Rental Agreement is terminated.
All Annual Memberships may be auto-renewed upon the membership period's expiration. You may prevent Your Annual Membership from auto-renewing by deselecting the "Auto-Renew Membership" box found on the Profile page within the Member Area of the Website. You may enroll into auto-renew by selecting the Auto-Renew Membership box found on the Profile page within the Member Area of the Website.
If You have opted out of the auto-renewal feature, then starting thirty (30) days before and no later than one (1) year after the expiration of Your Annual Membership, You may renew the Annual Membership on the Platform, under the "Member Login" heading. If the Annual Membership is not renewed within this period of time, then You may be required to (i) take certain actions to reactivate Your old account, or (ii) create an entirely new account for a new Annual Membership. The Annual Membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if You breach this Rental Agreement, as decided by Motivate in its sole discretion.
You may contact Motivate by writing, calling or emailing at the address listed below:
185 Berry Street, Suite 5000
San Francisco, CA 94107
Customer Service: 1-877-551-6423
customerservice@niceridemn.org
This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Minnesota, excluding principles of conflicts of laws.
You agree that any dispute or Claim relating in any way to Your use of the Services will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Rental Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Rental Agreement as a court would.
To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Motivate Minnesota, LLC at 185 Berry Street, Suite 5000, San Francisco, CA 94107, Attn: LBS Legal. 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. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.
YOU AND MOTIVATE 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 You and Motivate each waive any right to a jury trial. We also both agree that You or we 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 lbs-legal@lyft.com with the subject line, "NICE RIDE 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 disputes in accordance with the terms of those paragraphs. If You opt out of these arbitration provisions, Motivate also will not be bound by them.
This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
In the event that the arbitration provisions above are found not to apply to You or to a particular claim or dispute, 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 any Claim or dispute must be resolved exclusively by a state or federal court located in Hennepin County, Minnesota. You and Motivate agree to submit to the personal jurisdiction of the courts located within Hennepin County, Minnesota for the purpose of litigating all such claims or disputes.
Further, if Motivate prevails in litigation against You to enforce its rights under this Rental Agreement, Motivate 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 Motivate may be entitled.
No waiver of any breach of any provision of this Rental Agreement is a waiver of any other breach or of any other provision of this Rental Agreement. The terms of this Rental Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
Motivate’s collection and use of personal information in connection with the Services is as provided in our Privacy Policy, located at http://www.niceridemn.org/privacy.
All rights and remedies granted under or referred to in this Rental Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right, remedy or defense provided by law.
This Rental Agreement and the Release contain the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement and the Release supersede all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, Motivate may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause, and by continuing to use any Services after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Platform supersedes all pricing set forth in this Rental Agreement.
If a court deems any provision of this Rental Agreement, including the binding arbitration and class action waiver provisions, illegal or otherwise unenforceable for any reason, You agree that that provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties.
I certify that I am the person renting a Bicycle, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.
March 19, 2019