ZOOM LEISURE INC.
BICYCLE RENTAL AGREEMENT, LIABILITY WAIVER, AND RELEASE
Description of Service
Zoom Leisure Inc. (the “Company”) operating as Zoom BikeShare (“Zoom”) is the owner of a self-service bicycle rental system service (the “Service”) which is facilitated through a cell phone application Zoom BikeShare (the “App”). In consideration of your use of the Service, Zoom requires that you (“User”, “You” or “Your”) agree to all terms and conditions of this Bicycle Rental Agreement, Liability Waiver, and Release (the “Agreement”).
Acceptance of Agreement
By using the App, you are agreeing to the Terms and Conditions (the “Terms”) set out below. Your access to and continued use of the App and the Service constitutes your acceptance of and compliance with the following Terms. Please take some time to familiarize yourself with these provisions. If you do not agree to the Terms, do not use the App or the Service.
Also, note that these Terms may change from time to time and it is your responsibility to check for such updates. Therefore, please periodically review the Terms prior to using the App in order to view any changes to these Terms. The Company may unilaterally amend, modify or change this Agreement, in its sole discretion without any notice or cause. By continuing to use the Service after any amendment, User agrees to be bound by all such amendments.
The User accepts the Terms of this Agreement on behalf of any and all individuals who may operate a Zoom bicycle or use the Service under a bicycle reservation made by the User on the App.
Last Revised: (January 2,2019)
Term of Agreement
This Agreement shall remain in full force and effect beginning with Your first use of any Service, and as otherwise provided in this Agreement, until such time as the Zoom bicycle has been safely returned to a Zoom Station. The Company may, at any time and from time to time, unilaterally terminate Your right to use any Service, in the Company’s sole discretion and without any notice or cause. This Agreement remains in full force and effect after any termination of your right to use any Service.
Zoom BikeShare fully functions through a specialized app. Download the Zoom BikeShare app to your mobile phone. Register by creating an account from within the app. Search for an available bike from the Zoom BikeShare stations. You can reserve your bike prior to your arrival for up to 15 minutes. Billing starts from the time you reserve the bike. When you arrive at the bike use the bike number to unlock within the app. The lock, mounted by the back tire, will open. Remove the cable from the open lock. You are ready to ride!
Availability of Service
The Zoom BikeShare Service will be available from March 1 to November 30 each year.
Zoom and the Company maintain full discretion to change the availability dates without notice to the User.
Hourly Rate – $5 per hour
Daily Rate – $30 daily – 8 hour time period
Directions for Using Service
The location of Zoom BikeShare bicycles can be found through the App, Zoom BikeShare. Bicycles are to be returned when done to a designated Zoom Location. Bicycles can be locked up to the Zoom Location. If the bike rack is full the bicycles can be returned within a 10 foot radius of the rack and will be considered returned. If not locking to a Zoom rack secure bike to other post or sign within the 10 foot radius of the Zoom Station.
Permitted Period of Use
Zoom bicycles may be rented by the User for up to 48 consecutive hours (“Permitted Period of Use”). The User will be billed the prescribed hourly rate, as set out under “Usage Plans”, above, for each hour that the bicycle remains in the User’s possession until such time as the Zoom bicycle is returned by the User to a Zoom Location, and the User registers that the bicycle has been returned on the App (“Return Process”).
If the Return Process has not been completed by the User after 48 hours, the bicycle will be considered stolen and the User will be charged the full bike value of $1,00.00 plus HST. Zoom may also file a police report with the local authorities.
Zoom may attempt to contact the User at the phone number and/or email listed in the User’s App profile to determine the location of the bicycle. However, it is the sole responsibility of the User to ensure that the Return Process has been completed for each Zoom bicycle that has been rented by the User.
General Assumption of Risk by User
User agrees that riding a Zoom bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to User or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. User agrees that such risks, dangers, and hazards are User’s sole responsibility. User agrees that if User’s use of any Service causes injury or damage to another person or property, then User may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Zoom bicycle, User assumes all responsibility for all related risks, dangers, and hazards, and User agrees that Company is not responsible for any injury, damage, or cost caused by User with respect to any person or property, including the Zoom bicycle itself. User is solely and fully responsible for the safe operation of the Zoom bicycle at all times. User may need to take additional safety measures or precautions not specifically addressed in this Agreement.
User must not ride a Zoom bicycle while carrying any briefcase, backpack, bag, or other item else, if it impedes User’s ability to operate a Zoom bicycle safely.
User must not use any cellular telephone, text messaging device, portable music player, or other device that may distract User from safely operating a Zoom bicycle.
User must not operate a Zoom bicycle while under the influence of any alcohol, drugs, or other substance that may impair User’s ability to safely operate a Zoom bicycle.
User must not carry a second person on a Zoom bicycle. Bicycles left outside of a 10 foot radius from the Zoom Location will incur additional fees.
User must return, when finished, the bicycle to a designated Zoom Location.
User must not use any locking mechanism, other than the locking mechanism provided by Company. No Zoom bicycle should be left unattended unless securely locked.
User must not violate any applicable federal, provincial, or local law, including those for bicycle riders.
User must not dismantle or modify a Zoom bicycle in any way. This rule does not apply to the use of the seat height adjustment feature on Zoom bicycles.
User must not exceed the maximum weight limit for the Zoom bicycle 135kg (298 pounds) or the cargo carrier 10kg (22 pounds).
User must not operate a Zoom bicycle in extreme weather conditions, including snow, hail, and electrical storms, which make it more dangerous to operate a Zoom bicycle. User is advised to adjust User’s riding behavior and braking distance to suit the weather conditions.
Additional User Obligations
User agrees that User is a competent bicycle operator, is sufficiently fit to safely operate a Zoom bicycle, and has taken all precautions necessary to ensure that User is capable of engaging in such physical activity. Like any physical activity, riding a Zoom bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Zoom bicycle, User assumes all responsibility for all such injuries or other medical conditions.
User agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. User agrees that before using a Zoom bicycle, User will inspect the Zoom bicycle to determine the following: (i) adequate tire pressure; (ii) operation of all brakes and lights; (iii) proper attachment of the seat, pedals, and basket; (iv) good condition of the frame; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. User agrees not to ride the Zoom bicycle if User notices any mechanical or other problem or safety issue, and User agrees to promptly notify Company of all problems and issues and to use a different Zoom bicycle.
User agrees that Company does not provide or maintain riding paths or other locations for riding Zoom bicycles, and that Company does not guarantee that there will always be a safe place to ride a Zoom bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. User must not use a Zoom bicycle for racing, riding off-road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
User agrees that if the Zoom bicycle is not returned to a Zoom Station within 48 hours, then the Zoom bicycle is deemed missing or stolen, and User does hereby authorize Company to charge User’s credit card in accordance with the section titled, Permitted Period of Use, above.
User agrees that Company may require User to return a Zoom bicycle at any time.
User agrees that access to the Service is denied to any person less than 16 years of age, whether or not accompanied by a parent or guardian. Minors who are at least 16 years of age may use the Service, but only if the Service is subscribed for by or under the responsibility of the minor’s parent or guardian; and, the parent or guardian is fully liable for all injuries, damages, and costs caused by the minor’s use of the Service.
MEMBERS AGED 16 AND 17 YEARS MUST WEAR AN APPROVED BICYCLE HELMET WHEN USING A BICYCLE.
User must report all accidents and injuries involving a Zoom bicycle to the local authorities and to Zoom and the Company.
User agrees if User is unable to report identifying information due to a medical emergency, Company may, at its discretion, provide personal and contact information to the authorities upon their request.
If the Zoom bicycle is not returned to a Zoom Location at the expiration of the Permitted of Period use, the User will be charged fee of $1,000.00 plus HST, the replacement cost of the Zoom bicycle. If the Zoom bicycle is returned to a Zoom Station and is damaged, or in a state of disrepair arising out of User’s negligence, except normal wear and tear, the User will be charged a fee that is equal to the cost of the repair, to be charged to the User’s credit card.
Zoom recommends that all Users wear a helmet while operating a Zoom bicycle. Zoom does not provide bicycle helmets to the User and the User is solely responsible for ensuring that a bicycle helmet is worn where required by local laws. Any individual aged 17 and under must wear an approved bicycle helmet when operating a bicycle. User agrees that the Company shall not be held liable for any injury suffered by User while using the Service and operating a Zoom bicycle, whether or not User is wearing a helmet at the time of injury.
The Company offers bicycle helmets for rent at the following location:
431 Mississauga Street
Credit Card Matters
All fees will be billed to the credit card provided through the operating App. Billing information can be viewed at any time through the app history.
This Agreement shall be governed in accordance with the laws of the Province of Ontario.
Each party to this Agreement represent and warrant to the other party that:
(i) the party has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder;
(ii) there is no contract or other legal obligation that prevents the party from entering into this Agreement or from undertaking or performing all of its duties and obligations hereunder;
(iii) this Agreement is legally binding and enforceable on each party.
Helpline and Address
For additional assistance please contact us at 905-468-3401 or
Email at firstname.lastname@example.org
Multiple Bicycle Reservation
User is permitted to reserve up to 6 Zoom bicycles through the App on one User profile.
Notwithstanding the fact that Zoom bicycles may be operated by other individuals, User shall assume all responsibility and liability under this Agreement for all Zoom bicycles and operators of Zoom bicycles reserved by the User.
The User acknowledges that the Terms of this Agreement shall be binding on any individual who may operate a Zoom bicycle or utilise the Service under the bicycle rental reservation made by the User.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any Service, provided by Zoom or the Company, or related information, including User’s use of any of the foregoing. In exchange for being allowed to use any Service, Zoom bicycle, or related information, User (acting for User and for all of User’s agents, affiliates, representatives, successors, heirs, and assigns) does hereby (i) fully and forever release and discharge Company and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns (collectively, “Company and its Related Parties”) from all Claims that User has or may have against Company and its Related Parties, except for Claims caused by Company’s gross negligence or willful misconduct, and (ii) User agrees to indemnify and hold harmless Company and its Related Parties from and against all Claims, except for Claims caused by Company’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. Company and its Related Parties may plead such releases as a complete and sufficient defense to any Claim, as intended third beneficiaries of such releases.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SERVICE, BICYCLE, STATION, OR RELATED INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY SERVICE, BICYCLE, STATION, OR RELATED INFORMATION, WHICH ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICE, BICYCLE, STATION, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST IN ANY SERVICE, BICYCLE, STATION, OR INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY SERVICE, BICYCLE, STATION, OR RELATED INFORMATION, AND WE ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, BICYCLE, STATION, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE USING A ZOOM BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. OUR TOTAL LIABILITY FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If any provision of this Agreement, or any paragraph, sentence, clause, phrase or word, or the application thereof, in any circumstances, is adjudicated by a court of competent jurisdiction to be invalid, the validity of the remainder of this Agreement shall be construed as if such invalid part were never included herein.