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Nashville B-Cycle User Agreement

TERMS AND CONDITIONS, RIDER'S RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD 
HARMLESS.

EBIKES ARE NOT ALLOWED ON NASHVILLE GREENWAYS. RIDERS WHO VIOLATE THIS RULE MAY HAVE THEIR 
MEMBERSHIP REVOKED.

These Terms and Conditions provide the entire agreement between B-Cycle, LLC ("BCycle") and the person (the "Rider") agreeing to lease 
and use that certain B-Cycle bike (the "Bike") as part of the BCycle bike share website and rental service (the "Bike-Share Service"). If 
Rider is not 18 years or older, Rider's parent or guardian must consent to this agreement before Rider may use a Bike. Rider's use of 
any Bike constitutes his or her binding acceptance to the terms of this agreement.  

RIDER should CAREFULLY READ all terms and conditions before entering this agreement.



1.	RENTAL AND USE OF BIKE
1.1	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.  The Rider is the sole lessee and is 
solely responsible for compliance with all terms and conditions 
contained herein.  Rider acknowledges and understands that the 
representations herein are material inducements to BCycle 
agreeing to rent a Bike to Rider and that BCycle is justified in 
relying on Rider�s representations.
1.2	Membership.  In order for Rider to be a member of the 
Bike-Share Service (a "Member"), he or she must be 18 years or 
older and possess a valid credit card to access the Bike-Share 
Service system. A Member may check out a Bike to a minor Rider 
and the Member will be responsible for ensuring that Rider 
complies with the terms and conditions of this agreement.
1.3	Rider Restrictions.  Riders must be at least five feet (5') 
tall but no more than six feet five inches (6'5") tall. 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.
1.4	Rider Experience.  Rider is a competent bicycle 
operator:  Rider represents and certifies that he/she is familiar with 
the operation of the Bike, and is reasonably competent and 
physically fit to ride the Bike.
1.5	Ownership.  Rider agrees that the Bike and any 
equipment attached thereto, at all times, remains the exclusive 
property of BCycle.  Rider will not make any modification to the 
Bike at any time.  
1.6	Operating Hours Availability.  Bikes must be rented 
within the maximum rental time limits set forth in section 1.7 
below.  Bikes are limited and Bike availability at any station is 
never guaranteed. 
1.7	Maximum Rental Time and Charges.  Maximum rental 
time is 24 hours.  Rider agrees that Rider will return the Bike to a 
designated BCycle Bike Station within 24 hours of checking out a 
Bike.  Once returned, Rider may then rent again.  Rider agrees that 
he/she is solely responsible for being aware of the time elapsed 
since checking out a Bike.  
1.8	Rental Charges.  Bike Rental Charges are:
*	Free for the first hour,
*	$3.00 for next 30 minutes,
*	$3.00 for each 30 minute period thereafter.
1.9	Maximum Charge.  The maximum day charge is $75.00 
and is based on a calendar day.  Upon return of the bicycle, the 
rider will be charged the accumulated rental charges, or the 
maximum day charge, whichever is less (the �Rental Charge�).  
Bikes not returned within 24 hours will be considered stolen, and 
Rider will be charged $2,500.00 (the �Replacement Charge�).  
Applicable local and state sales tax of 9.25% will be included in 
Rental and Replacement Charges.
1.10	Geographical Restrictions.  Rider agrees to only use, 
operate and ride the Bike within Davidson County.  Rider will not, 
under any circumstances, remove the Bike from Davidson County.
1.11	Compliance with Laws.  Rider agrees to follow all laws 
pertaining to the use, riding and operation of the Bike, including all 
state and local laws and the rules and regulations pertaining to 
bicycles in the City of Metropolitan Government of Nashville and 
Davidson County. Riders under sixteen years of age must wear a 
protective helmet designed for public safety. BCycle encourages 
all Riders to wear protective helmets.
1.12	Limited Use of Bike.  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 or use the Bike on 
unpaved roads, through water, or in any location that is prohibited, 
illegal 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.
1.13	Use of Front Carrier/Basket.  Rider acknowledges that 
the front carrier/basket of the Bike is intended for light goods only, 
and that he/she will not carry people or animals anywhere on the 
bicycle.
1.14	Reporting of Lost or Stolen Property.   Rider agrees 
that he/she must immediately report an accident, or a stolen or lost 
Bike to BCycle and local police.  Stolen or lost membership cards 
will be reported 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 or 
Nashville B-Cycle membership card.
1.15	Rider Responsibility. Rider agrees to return the Bike to 
BCycle in the same condition received, with no more than ordinary 
wear and tear.  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 or damaged Bike under any circumstances, 
regardless of whether Bike locks are used or not properly 
functioning.  Rider agrees to pay for destruction or loss of Bike 
and for any damage, including replacement parts. 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 BCycle the full 
replacement value of the equipment.
2.	RISK ALLOCATION
2.1	Disclaimer of Warranties.  BCYCLE MAKES NO 
REPRESENTATIONS OR WARRANTIES OF ANY KIND, 
EXPRESS OR IMPLIED, WITH RESPECT TO THE BIKES, 
MAINTENANCE OR THE PERFORMANCE OR RESULTS OF 
USE OF THE BIKERS OR BIKE-SHARE SERVICE. BCYCLE 
HEREBY DISCLAIMS, AND MAKES NO, IMPLIED 
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY 
IMPLIED WARRANTY OF MERCHANTABILITY, OF 
FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING 
BY USAGE OF TRADE, COURSE OF DEALING OR COURSE 
OF PERFORMANCE.
2.2	Limitations of Liability.  BCYCLE, NASHVILLE 
DOWNTOWN PARTNERSHIP, THE METROPOLITAN 
GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, 
ALL RELATED SPONSORS AS WELL AS OWNERS OF 
PROPERTY UPON OR NEAR WHICH STATIONS ARE 
LOCATED ("RELEASED PARTIES") SHALL HAVE NO 
LIABILITY WITH RESPECT TO THE BIKES, THEIR 
MAINTENANCE OR ANY OBLIGATIONS UNDER THIS 
AGREEMENT OR OTHERWISE FOR ANY 
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, 
OR PUNITIVE DAMAGES EVEN IF SUCH PARTY HAS 
BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES.  FOR AND IN CONSIDERATION OF RENTAL 
AND USE OF THE BIKE, RIDER FOREVER RELEASES AND 
RELINQUISHES AND DISCHARGES THE RELEASED 
PARTIES FROM ANY AND ALL CLAIMS, LIABILITY, 
CAUSES OF ACTION, DAMAGE, INJURY TO OTHERS, OR 
WRONGFUL DEATH ARISING OUT OF, RESULTING FROM 
OR RELATED TO THIS AGREEMENT; THE RENTAL, 
MAINTENANCE, DESIGN, USE OR OPERATION OF THE 
BIKE OR THE BIKE-SHARE SERVICE, INCLUDING ANY 
AND ALL CLAIMS, LIABILITY, CAUSES OF ACTION OR 
DAMAGES RELATED TO THE SOLE OR PARTIAL 
NEGLIGENCE OF RELEASED PARTIES OR THE 
NEGLIGENCE OF OTHERS.  BY THIS AGREEMENT ANY 
SUCH CLAIMS, RIGHTS, AND CAUSES OF ACTION THAT 
RIDER (AND RIDER'S LEGAL GUARDIANS, IF 
APPLICABLE) MAY HAVE ARE HEREBY WAIVED, 
RELEASED AND RELINQUISHED, AND RIDER (AND 
GUARDIANS, IF APPLICABLE) DOES SO ON BEHALF OF 
RIDER�S HEIRS, EXECUTORS, ADMINISTRATORS AND 
ASSIGNS.
2.3	Waiver.  RIDER, IN CONSIDERATION FOR USING 
OR OPERATING THE BIKE, 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 OR BIKE-SHARE 
SERVICE.
2.4	Indemnification.  IN CONSIDERATION FOR USING 
OR OPERATING THE BIKE, 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 OR THE NEGLIGENCE 
OF OTHERS, WHETHER BASED UPON BREACH OF 
CONTRACT, BREACH OF WARRANTY, ACTIVE OR 
PASSIVE NEGLIGENCE OR ANY OTHER LEGAL THEORY.
3.	GENERAL
3.1	Governing Law and Venue.  The validity, interpretation 
and enforcement of this Agreement shall be governed by the laws 
of the State of Tennessee, without giving effect to its conflict of 
law principles.  Venue for all actions related to this Agreement 
shall be located in state courts located in Davidson County, 
Tennessee or in the federal court of the United States District 
Court for the Middle District of Tennessee.  The parties consent to 
the personal jurisdiction and subject matter jurisdiction of such 
courts.  Further, the parties waive any defenses of lack of person or 
subject matter jurisdiction and improper venue related to the 
validity, enforceability, and damages and injunctions that may 
result from breach of this Agreement.
3.2	Force Majeure.  BCycle will not have any liability as a 
result of service outages that are caused by our maintenance on the 
servers or the technology that underlies the service, failures of our 
service providers (including telecommunications, hosting and 
power providers) computer viruses, natural disasters or other 
destruction or damage of our facilities, an act of God, war, civil 
disturbance or other cause beyond our reasonable control.
3.3	Severability.  If any provision of this agreement is 
deemed to be invalid or unenforceable, such provision shall be 
deemed limited by construction in scope and effect to the 
minimum extent necessary to render the same valid and 
enforceable.  The remaining provisions of this agreement will 
remain in full force.
3.4	Entire Agreement.  This agreement constitutes the final 
agreement between BCycle and the Rider. It is the complete and 
exclusive expression of the parties' agreement on the matters 
contained in this agreement. All prior and contemporaneous 
negotiations and agreements between the parties on the matters 
contained in this agreement are expressly merged into and 
superseded by this agreement. In entering into this agreement, 
neither party has relied upon any statement, representation, 
warranty or agreement of any other party except for those 
expressly contained in this agreement. There are no conditions 
precedent to the effectiveness of this agreement, other than those 
expressly stated in this agreement.
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