Bicycle Rental Agreement, Liability Waiver, Release, Indemnification, and Voluntary Assumption of Risk (the “Rental Agreement”)

THIS RENTAL AGREEMENT CONTAINS RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. YOU SHOULD READ THIS RENTAL AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.

  1. FEES
  2. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION BY YOU
  3. DIRECTIONS AND ADDITIONAL TERMS OF USE
  4. MISCELLANEOUS

In consideration of Your use of any of the Divvy Services (defined below), Motivate International Inc. ("Motivate") requires that You ("Member", "You", or "Your") agree to all terms and conditions in this Rental Agreement. The "Services" provided by Motivate are composed of several elements, including (1) Divvy bicycle stations and associated street treatments such as wheel stops, flexible delineators and pavement markings ("Stations"), (2) automated kiosks ("Kiosks"), (3) separate stands that allow the docking of Divvy bicycles ("Bike Docks"), (4) Divvy bicycles, and (5) all related equipment, personnel, and information.

I. FEES.

II. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION BY YOU.

III. DIRECTIONS AND ADDITIONAL TERMS OF USE.

IV. MISCELLANEOUS.

YOUR AGREEMENT TO BICYCLE RENTAL AGREEMENT

I certify that I am the person renting a Divvy 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.

OR

I hereby represent that I am a parent or legal guardian of the below minor who will be riding a Divvy bicycle, who is 16 years of age or older, and that I am fully authorized to execute this Rental Agreement on behalf of myself and all other parents of legal guardians of the minor rider. I hereby give permission and consent to the minor rider’s use of the System within the terms and conditions set forth in this Rental Agreement, and have explained these terms and conditions to the minor rider. It is my decision as the minor rider’s parent or legal guardian that the System is suitable for the minor rider. I further agree to the terms and conditions set forth in this Rental Agreement, and I shall assume any and all responsibility and liability for the minor rider’s use of the System as provided by the terms of this Rental Agreement. I further agree to defend and indemnify any Released Party from any and all Claims by the minor rider arising out or connected to the minor rider’s use of the System whether or not any negligence by any Released Party, in whole or in part, is alleged to have contributed to any Claims.

Updated: January, 12 2018