In consideration of Your use of any of the Capital Bikeshare Services (defined below), Motivate International Inc. ("Motivate") requires that You ("Member", "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 Capital Bikeshare "Services" are operated and provided by Motivate International Inc. ("Motivate") and are composed of several elements, including (1) Bicycle stations ("Stations"), (2) automated kiosks ("Kiosks"), (3) separate stands that allow the docking of Bicycles ("Bike Docks"), (4) Capital Bikeshare bicycles including Capital Bikeshare electric bicycles (collectively, "Capital Bikeshare bicycles" or "Bicycles"), (5) Capital Bikeshare mobile application ("Mobile Application") and Capital Bikeshare website, capitalbikeshare.com ("Website") (the Mobile Application and the Website, collectively, the "Platform"), and (6) all related equipment, personnel, and information.
SECTION 1 MEMBERSHIP FEES.
You may purchase either a long-term or a casual membership to use the Services (each a "Membership"). When you enroll as a Member, You agree to be charged the applicable membership fee set forth on the Platform plus any hourly fees that You incur as described in Section 4.
There are three long-term Membership options: one-year, 30-day, or Day Key.
There are three casual Membership options: 24-hour, 3-day, and single trip fare.
SECTION 2 LONG-TERM MEMBERSHIPS.
To purchase a long-term Membership, You must complete a registration form and create an account ("Account") on the Platform. After your purchase is complete, Motivate will mail a system key to the mailing address You provide, unless you retrieve your system key from a system key dispenser. For keys received by mail, You must activate the system key on the Website, under the "Member Login" heading before using the Service for the first time. A Membership becomes valid and active once the system key is activated on the Website. A Day Key member's system key will activate a one-day membership each day it is used. Keys retrieved from a key dispenser will be automatically activated.
SECTION 3 CASUAL MEMBERSHIPS.
If You purchase a 24-hour, 3-day or single trip fare casual Membership then You may rent a second bike using the same credit card. When You sign up for a casual Membership, Motivate may place a security hold of up to $101 on your credit or debit card to ensure the card is valid, and that amount may remain on the Your credit or debit card for an amount of time to be determined by Your bank's policies regarding holds. This hold will be placed on Your credit or debit card for each bike rented.
SECTION 5 LOST OR DAMAGED BICYCLES; KEY; ADDITIONAL FEES.
The data generated by the Services' computer is conclusive evidence of the period of Your use of a Bicycle. Your use of the Services 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 the Bicycle is not returned to a Bike Dock within a period of 24 consecutive hours, then the Bicycle is deemed lost or stolen and Your credit or debit card will be charged a lost bike fee of up to $1,200, and a police report may be filed by Motivate with local authorities. You must return the Bicycle in the same condition in which it was rented. If the Bicycle is returned to a Bike Dock damaged or in a state of disrepair, then You will 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 via telephone and email 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 on Member's account, You must report the disappearance by filing a formal police report with the local police department and also notify Motivate within 24 hours following the disappearance.
If Your system key is lost or damaged, a replacement may be obtained by calling 1-877-430-BIKE (1-877-430-2453) or by emailing customerservice@capitalbikeshare.com and reporting the loss or damage. A replacement fee of $10 for the lost or damaged key will be charged, and a replacement system key will be mailed to Your mailing address of record. All fees are subject to applicable sales taxes and other local government charges. If You lose the code required to pick up Your key from a key dispenser, call 1-877-430-BIKE (1-877-430-2453) or email customerservice@capitalbikeshare.com to report the lost code. A replacement code will be provided for free.
SECTION 6 CREDIT AND DEBIT CARD MATTERS.
You must input a valid credit or debit card number and expiration date before You will be registered to use the Services. 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 Website.
SECTION 8 BICYCLE SAFETY INSPECTION.
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 must also confirm that the battery is locked securely in place in the frame of the Bicycle and that the cover of the disc brake mount is securely in place. 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 You must use a different Bicycle. You agree to press the "Faulty Bike" button within 1 minute after docking any Bicycle that You notice has any mechanical or other problem or safety issue. You must not attempt to repair any Bicycle.
SECTION 9 ACTIVATION OF SYSTEM KEY.
Once You are successfully registered as a Member to use the Services, and have elected to have a key mailed to You, Motivate will mail a system key to the mailing address You provide. You must activate the system key on the Website, under the "Member Login" heading, before using the system key for the first time. Your membership becomes valid and active upon key activation.
SECTION 10 REMOVING BICYCLE BY MEMBER.
Members must insert their system key into the reader slot on the Bike Dock to remove the Bicycle from the Bike Dock. After the system key has been inserted into the reader slot, the Member has 15 seconds to remove the Bicycle from the Bike Dock. The signal light remains yellow during the validation of the Member's system key, and the signal light turns green when the Bicycle can be removed. Two sound signals are also emitted. If the Bicycle is not removed within 15 seconds, the Bike Dock locks and the Member must repeat the process described above.
SECTION 11 RETURNING BICYCLE.
To return a Bicycle, 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 sound signal 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; however, 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 "Request 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 to You for the additional 15-minute credit. Any Bicycle that is not properly secured remains Your sole responsibility, and the usage fees set forth in Section 2 will be charged until the Bicycle is properly secured. If You fail to properly secure a Bicycle to end your rental, Motivate may charge You a recovery and re-docking fee of $30.
SECTION 12 OBTAINING RECEIPT.
Member may print a receipt to confirm that the Bicycle has been properly returned to the Bike Dock, by pushing the "Rental Receipt" icon on the Kiosk screen under the "More Options" menu. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip.
SECTION 13 HELMETS; SAFETY.
Motivate strongly recommends that all Members 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 a Member's 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 Member agrees that Motivate and the other Released Persons are not liable for any injury suffered by Member while using any of the Services, whether or not Member is 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. Member agrees that, when using any of the Services, Member 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) Arlington County, Virginia, the District of Columbia, Montgomery County, Maryland, the City of Alexandria, Fairfax County, Virginia, Prince George’s County, Maryland, the City of Falls Church, Virginia, and all of their elected and appointed officers, officials, employees, and agents, (iii) every sponsor of any of the Services and all of the sponsor's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) 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.
SECTION 15 LIMITATIONS ON AVAILABILITY OF SERVICES.
Motivate makes every effort to provide the Services for 365 days per 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 Capital Bikeshare has any responsibility for providing any Services. Members should use the Website to check the inventory of Bicycles and Bike Docks available at a Station. Member agrees that Motivate may require Member to return a Bicycle at any time.
SECTION 16 TERM AND TERMINATION.
The term of this Rental Agreement begins when You first use the Services, and the term 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 membership. 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.
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 Agreement is terminated.
If You select a monthly billing option, (a) You will be responsible for monthly payments in amounts as listed on the Website at the time you enroll, billed with an annual (12-month) commitment, and (b) if You cancel your membership before your annual commitment is complete, You will be responsible for paying in full at the time you cancel the balance remaining to complete the annual commitment.
All annual memberships may be auto-renewed upon the membership period's expiration. Members who have been enrolled into auto-renew may prevent their membership from auto-renewing by deselecting the "Auto-Renew Membership" box found on the Profile page within the Member Area of the Website. Members who wish to be enrolled into auto-renew may do so by selecting the Auto-Renew Membership box found on the Profile page within the Member Area of the Website.
If you've 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 membership term, You may renew the membership on the Platform, under the "Member Login" heading. If the 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 membership. The membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if Member breaches this Rental Agreement, as decided by Motivate in its sole discretion.
SECTION 17 NOTICES.
You may contact Motivate by writing, calling, or emailing Motivate at the street address, telephone number, and email address listed below:
Motivate International Inc.
220 36th Street, Suite 3A
Brooklyn, NY 11232
Customer Service: 1-877-430-BIKE (1-877-430-2453)
customerservice@capitalbikeshare.com
SECTION 18 MANDATORY ARBITRATION; CLASS ACTION WAIVER.
This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of the District of Columbia, 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 International Inc. at 220 36th Street, Suite 3A, Brooklyn, NY 11232. 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 legal@motivateco.com with the subject line, "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 the District of Columbia. You and Motivate agree to submit to the personal jurisdiction of the courts located within the District of Columbia for the purpose of litigating all such claims or disputes.
Further, if Motivate prevails in litigation against a Member 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.
SECTION 19 WAIVERS.
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.
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 Motivate 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 recordings, 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 Motivate and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice, 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 Motivate may decide in its sole discretion, the 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 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.
SECTION 20 PRIVACY POLICY.
Motivate's collection and use of personal information in connection with the Services is as provided in our Privacy policy, located at https://www.capitalbikeshare.com/privacy-policy.
SECTION 21 CUMULATIVE REMEDIES.
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.
SECTION 22 FINAL AGREEMENT; MODIFICATION BY MOTIVATE.
This Rental Agreement and the Release contains 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 Member's 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, Member has agreed to be bound by all such amendments, modifications, and changes. Member must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Rental Agreement, Motivate will post a notification on the Platform. 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.
SECTION 23 SEVERABILITY.
If a court deems any provision of this Rental Agreement, including but not limited to the binding arbitration and class action waiver provisions, illegal or otherwise unenforceable for any reason, Member agrees that such 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 hereby represent 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.
OR
I hereby represent that I am a parent or legal guardian of the below minor rider, 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 by riders. 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.
March 15, 2019