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 AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.
As provided in greater detail in this Rental Agreement (and without limiting the express language of this Rental Agreement), You acknowledge the following:
- You fully release the operators and sponsors of the Citi Bike® Services, and the City of New York, from all Claims You have or may have against them arising out of Your use of the Citi Bike Services;
- Your use of the Citi Bike Services is at your sole risk;
- The Citi Bike Services, including the bicycles, are provided “as-is” and we make no promises that they will be in good repair or error-free;
- You will perform a safety inspection before riding;
- There are risks and dangers inherent in riding a Citi Bike bicycle and You assume those risks;
- You are responsible for all injuries or damages that You cause to other people or property;
- We recommend You wear a helmet, but we cannot guarantee its effectiveness; and
- You give us Your consent to use photos or videos of You that are taken while You are using a Citi Bike bicycle.
II. Releases; No Warranties; Assumption of Risk; Indemnification by Member
In consideration of Your use of any of the Citi Bike® Services (defined below), You (“Member”, “You”, or “Your”) agree to all terms and conditions in this Rental Agreement. The Citi Bike “Services” are composed of several elements, including (1) Citi Bike bicycle stations and associated street treatments such as wheel stops, kiosks, flexible delineators and pavement markings (“Stations”), (2) automated pay stations (“Pay Stations”), (3) separate stands that allow the docking of Citi Bike bicycles (“Bike Docks”), (4) Citi Bike bicycles, and (5) all related equipment, personnel, and information.
Citi Bike Members may use the Citi Bike Services in either New York City or Jersey City, regardless of where the Member lives. In New York, the Services are provided by NYC Bike Share, LLC ("NYCBS") and in Jersey City, the Services are provided by Jersey City Bike Share, LLC ("JCBS" and, together with NYCBS, "Bike Share").
Section 1 Membership Fees.
When you enroll as a Member, You agree to be charged the membership fee plus any usage fees set forth in Section 2 that You incur. The membership fee amount is listed on the Services' website at 'www.citibikenyc.com' ("Website") and is subject to applicable sales taxes and other local government charges, which may be charged and collected by Bike Share.
Section 2 Member Usage Fees.
Your Ride Time will be calculated beginning when You unlock and remove a Citi Bike bicycle from a Bike Dock. If You return the Citi Bike bicycle to a Bike Dock within 45 minutes, no usage fee will be charged. If You do not return the Citi Bike bicycle to a Bike Dock within 45 minutes, You will be charged usage fees of $2.50 for each additional 15-minute period, up to a total of $100 per ride. Usage fees are subject to applicable sales taxes and other local government charges. After returning a Citi Bike bicycle to a Bike Dock, You may rent another Citi Bike bicycle, but only after a waiting period of up to 2 minutes.
Each month, the total amount of all of Your usage fees will be applied to Your Account and charged against Your credit or acceptable debit card (with the Visa or MasterCard logo). At any time, You may access a statement of Your trip history 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 Bike Share 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. Your trip receipt, if any, indicating the date and time Your Citi Bike bicycle was returned would be additional proof that the Citi Bike bicycle had been properly returned.
Section 3 Lost or Damaged Bicycles; Key; Additional Fees.
The Ride Time data generated by the Services’ computer is conclusive evidence of the period of use of a Citi Bike bicycle by a Member. 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 Citi Bike bicycle, until the Citi Bike bicycle is found or returned to a Bike Dock. If the Citi Bike bicycle is not returned to a Bike Dock within a period of 24 consecutive hours, then the Citi Bike bicycle is deemed lost or stolen, Member’s credit or debit card will be charged a fee of up to $1,200, and a police report may be filed with local authorities. The Citi Bike bicycle must be returned by Member in the same condition in which it was rented. If the Citi Bike bicycle is returned to a Bike Dock damaged or in a state of disrepair, then Member 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 Citi Bike bicycle is not returned or is returned in a damaged state. Bike Share will attempt to contact Member via telephone and email before charging the Member’s credit or debit card, by using the contact information provided by Member when subscribing to the Services. For any disappearance of a Citi Bike bicycle that was released on Member’s account, Member must report the disappearance to the local police department and to NYCBS or JCBS, as applicable, within 24 hours following the disappearance.
If Member’s system key is lost or damaged, a replacement may be obtained by calling 1-(855) BIKE-311 or by emailing email@example.com and reporting the loss or damage. A replacement fee of $10 for the lost or damaged Services key will be charged, and a replacement system key will be mailed to Member’s mailing address of record. All fees are subject to applicable sales taxes and other local government charges.
Section 4 Credit/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 Bike Share that You are authorized to use the credit or debit card. You authorize Bike Share 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 Bike Share within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Bike Share of all changes relating to Your credit or debit card and update Your member profile on the Website.
Section 5 Prohibited Acts.
- You may not ride a Citi Bike bicycle if You are under 16 years of age. A minor who is 16 years of age or older may only use the Services if the minor’s membership is subscribed for by, and the minor is under the responsibility of, the minor’s parent or legal guardian. By authorizing use of the Services by a minor, the parent or legal guardian (i) agrees that he or she is fully and completely responsible and liable for all injuries, damages, costs, and expenses arising from or related to the minor’s use of the Services, and (ii) represents, warrants, and agrees that he or she is the minor’s parent or legal guardian and that he or she and the minor have all accepted and agreed, as a Member, to all terms and conditions of this Rental Agreement.
- You may not ride a Citi Bike bicycle in New Jersey if You are under 17 years of age and are not wearing a helmet.
- You may not ride a Citi Bike bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Citi Bike bicycle.
- You may not use or wear any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device that may distract You from safely operating a Citi Bike bicycle.
- You may not operate a Citi Bike bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Citi Bike bicycle.
- Please walk Your Citi Bike 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 Citi Bike bicycle within the outer edge or perimeter of a Station.
- Each Citi Bike 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 Citi Bike bicycle or in the basket.
- You may not dock or lock any bicycle in any Station other than Citi Bike bicycles.
- You may not bring a Citi Bike bicycle in a car, ferry or train, or ride or transport a Citi Bike bicycle from New York to New Jersey or vice versa.
- You may not use any locking mechanism, other than the locking mechanism provided in the Bike Dock, to lock a Citi Bike 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 Citi Bike bicycle or any part of a Citi Bike bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Citi Bike bicycle in any way. You may not use a Citi Bike bicycle for any advertising or similar commercial purpose.
- You may not attach anything to a Citi Bike 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 Citi Bike 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 may not operate a Citi Bike 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 Citi Bike 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 return, if it would be necessary and prudent to do so, Your Citi Bike bicycle to an available Bike Dock.
- You may not allow others to use a Citi Bike bicycle that You have removed from a Bike Dock. You understand that when You remove a Citi Bike bicycle from a Bike Dock, the Citi Bike 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 Member information to any other person. You may not share Your membership with any other person.
- YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS 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.
II. Releases; No Warranties; Assumption of Risk; Indemnification by Member.
Section 6 Releases; No Warranties.
IN EXCHANGE FOR YOUR BEING ALLOWED TO USE ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, OR BIKE DOCKS YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) DO FULLY AND FOREVER RELEASE AND DISCHARGE ALL RELEASED PERSONS FROM ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED PERSON ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. SUCH RELEASES ARE INTENDED TO BE GENERAL AND COMPLETE RELEASES AND WAIVERS OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. THE RELEASED PERSONS MAY PLEAD SUCH RELEASES AS A COMPLETE AND SUFFICIENT DEFENSE TO ANY CLAIM, AND MAY DO SO AS INTENDED THIRD-PARTY BENEFICIARIES OF SUCH RELEASES, IF APPROPRIATE.
WITHOUT LIMITATION OF THE FOREGOING GENERAL RELEASES, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY APPLICABLE LAW, NYCBS, JCBS AND ALL OTHER RELEASED PERSONS 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 RENTAL AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, OR BIKE DOCKS, (C) YOUR BREACH OF THIS RENTAL AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN SECTION 5, OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY NYCBS, JCBS OR ANY RELEASED PERSON, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING CITI BIKE BICYCLE, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF NYCBS, JCBS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
WITHOUT LIMITING THE BREADTH OF THE FOREGOING, YOU AGREE TO RELEASE BIKE SHARE AND ALL OTHER RELEASED PERSONS FOR ANY INJURY, DAMAGES OR LOSSES CAUSED BY THE ALLEGED NEGLIGENCE OF BIKE SHARE OR ANY OTHER RELEASED PERSON.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, OR BIKE DOCKS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, OR BIKE DOCKS, NYCBS, JCBS AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, AND BIKE DOCKS ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). NYCBS, JCBS AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, OR BIKE DOCKS WILL BE IN GOOD REPAIR OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, OR BIKE DOCKS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, OR BIKE DOCKS, AND NYCBS, JCBS AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST CITI BIKE BICYCLE OR SYSTEM KEY.
As used in this Part II and elsewhere in this Rental Agreement, “Claims” or “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 or in preparation for trial, appeal, mediation, 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 (a) any of the Services, including any of the Citi Bike bicycles, Stations, or Bike Docks, or (b) Your use of any of the foregoing. “Released Persons” or “RELEASED PERSONS” means, collectively, (i) NYCBS, JCBS and all of its and their owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the City of New York, (iii) Citibank, N.A. and all of its affiliates and all of its and their owners, officers, directors, employees, agents, representatives, successors, and assigns, (iv) MasterCard International Incorporated and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (v) Goldman Sachs Bank USA and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (vi) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (vii) 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 7 Assumption of Risk; Indemnification by Member.
MEMBER IS SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE CITI BIKE BICYCLE AT ALL TIMES. MEMBER UNDERSTANDS THAT THIS AND OTHER SECTIONS IN THIS RENTAL AGREEMENT DESCRIBE AND RELATE TO THE RISKS RELATING TO MEMBER’S USE OF THE SERVICES. MEMBER AFFIRMS THAT MEMBER HAS READ, UNDERSTANDS, AND ACCEPTS THE ENTIRE RENTAL AGREEMENT. MEMBER AGREES THAT BICYCLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE BICYCLE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. MEMBER FURTHER AGREES THAT, BEFORE ANY USE OF THE SERVICES, MEMBER WILL PERFORM THE SAFETY INSPECTION DESCRIBED IN SECTION 8, AND MEMBER WILL NOT USE A BICYCLE THAT FAILS THE SAFETY INSPECTION AND WILL NOTIFY NYCBS OR JCBS, AS APPLICABLE, OF SUCH FAILURE. MEMBER AGREES THAT RIDING A CITI BIKE BICYCLE INVOLVES MANY OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO MEMBER OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED. SUCH RISKS, DANGERS, AND HAZARDS INCLUDE AND RELATE TO, BUT ARE NOT LIMITED TO, OTHER VEHICLES, BICYCLES, PEDESTRIANS, OTHER THIRD PARTIES, BUILDINGS, OBJECTS, POTHOLES, WHEELSTOPS, CURBS, DOCKING PLATES, DELINEATORS, PAVEMENT CRACKS, RUTS, UNEVEN OR UNSTABLE ROADWAYS OR BIKE PATHS, LIGHT RAIL OR RAIL ROAD TRACKS, WEATHER CONDITIONS, ROAD CONDITIONS, ANIMALS, ROAD KILL, VEGETATION, AND OTHER PERMANENT OR TEMPORARY OBSTRUCTIONS ON OR NEAR ROADWAYS OR BIKE PATHS, THE POSSIBILITY OF COLLIDING WITH STATION ELEMENTS, STREET FIXTURES, OR OTHER FIXED OBJECTS, THE POSSIBILITY OF CRIMINAL OR OTHER THIRD-PARTY ACTS OR OMISSIONS, BICYCLE OR COMPONENT MALFUNCTION, NEGLIGENT ACTS OR OMISSIONS BY ANY RELEASED PERSON, MEMBER’S OR ANY THIRD PERSON’S NEGLIGENT ACTS OR OMISSIONS, AND MEMBER’S UNDERLYING KNOWN OR UNKNOWN HEALTH CONDITIONS. MEMBER AGREES THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE MEMBER’S SOLE RESPONSIBILITY AND MEMBER ASSUMES ALL RELATED RISKS.
MEMBER FURTHER AGREES THAT IF MEMBER’S USE OF ANY OF THE SERVICES CAUSES ANY INJURY OR DAMAGE TO ANOTHER PERSON OR PROPERTY, THEN MEMBER MAY BE LIABLE FOR ALL RESULTING INJURIES, DAMAGES, AND RELATED COSTS. BY CHOOSING TO RIDE A CITI BIKE BICYCLE, MEMBER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISKS, DANGERS, AND HAZARDS, AND MEMBER AGREES THAT NYCBS, JCBS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY MEMBER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE CITI BIKE BICYCLE ITSELF.
MEMBER AGREES, WITHOUT LIMITATION, TO INDEMNIFY AND HOLD HARMLESS ALL RELEASED PERSONS FROM ANY DEATH, INJURY, OR DAMAGE TO MEMBER, ANOTHER PERSON OR PERSONS, OR PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO MEMBER’S USE OF THE SERVICES.
Section 8 Bicycle Safety Inspection.
Before each use of a Citi Bike bicycle, You must conduct a safety inspection of the Citi Bike bicycle, 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. You may not ride the Citi Bike bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify NYCBS or JCBS, as applicable, of all problems and issues and use a different Citi Bike bicycle. You agree to press the “Faulty Bike” button within 1 minute after docking any Citi Bike bicycle that You notice has any mechanical or other problem or safety issue.
Section 9 Returning Bicycle.
To return a Citi Bike bicycle, You must secure it into an available Bike Dock. When the Citi Bike bicycle is correctly docked, a sound signal will be emitted, and the signal light will turn yellow and then green, to confirm that the Citi Bike bicycle has been properly secured to the Bike Dock. If the Citi Bike 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 Citi Bike bicycle is properly secured in the Bike Dock. If after several attempts the signal light does not turn green, then You must return the Citi Bike 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 Pay Station screen to obtain an additional 15-minute credit in which to return the Citi Bike bicycle to another Station. No fee is charged for the additional 15-minute credit. Any Citi Bike bicycle that is not properly secured remains the sole responsibility of Member, and the usage fees set forth in Section 2 will be charged until the Citi Bike bicycle is properly secured.
Section 10 Helmets; Safety.
Bike Share 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. NYCBS, JCBS AND THE OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY HELMET, AND MEMBER AGREES THAT NYCBS, JCBS 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 AT THE TIME OF INJURY. MEMBER ASSUMES 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.
Section 11 New Jersey Helmet Law.
New Jersey state law requires a bicycle rider under 17 years of age to wear a helmet. Bike Share provides helmets to Members under 17 in reliance on the date of birth information provided by Members at enrollment. You represent and warrant that the information provided by You is accurate.
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 New York. LIKE ANY PHYSICAL ACTIVITY, RIDING A CITI BIKE BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A CITI BIKE BICYCLE, YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.
2. You represent, warrant, and agree that Bike Share is not responsible for providing or maintaining bicycle lanes or any other place where You may ride Citi Bike bicycles, and that NYCBS, JCBS and the other Released Persons do not guarantee that there will always be a safe place to ride a Citi Bike bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Citi Bike bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
3. You represent, warrant, and agree that NYCBS, JCBS 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. Bike Share provides Citi Bike 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 Citi Bike bicycle on their own and who have agreed to all terms and conditions of this Rental Agreement.
4. Member must report to the police and to Citi Bike Customer Services at 1-(855) BIKE-311 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 Citi Bike bicycle, (ii) any vandalism of any of the Services, (iii) any stolen or lost Citi Bike bicycle, and (iv) any stolen or lost system key.
5. Member is fully and completely responsible for all charges, damages, and injuries that arise from or relate to any use of Member’s system key before (i) a deactivation of the key by Bike Share upon the expiration of membership, or (ii) a report to the Citi Bike Customer Services at 1-(855) BIKE-311 that the system key is lost or stolen.
Section 13 Limitations on Availability of Services.
Bike Share makes every effort to provide the Services for 365 days per year; however, Bike Share does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Bike Share from providing the Services from time to time. Access to the Services also is conditioned on the availability of Citi Bike bicycles and available Bike Docks at each Station. Bike Share does not represent or warrant the availability of any Services or the availability of any Citi Bike bicycles or Bike Docks at any Station. No sponsor of Citi Bike has any responsibility for providing any Services. Members may use the Website or Mobile App to check the inventory of Citi Bike bicycles and Bike Docks available at a Station. Member agrees that NYCBS or JCBS, as applicable, may require Member to return a Citi Bike bicycle at any time.
Section 14 Term and Termination.
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 membership. At any time and from time to time, and without Your consent, Bike Share may unilaterally terminate Your right to use any of the Services, in Bike Share’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 Bike Share, (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 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.
Within one year from the expiration of Your membership term, You may renew the membership on the Website, 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 Member’s 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 Bike Share in its sole discretion.
Section 15 Notices.
You may contact Bike Share by writing, calling or emailing NYCBS or JCBS, as applicable at the address listed below:
For issues relating to New York operations or Citi Bike bicycles rented in New York:
NYC Bike Share, LLC
5202 3rd Avenue
Brooklyn, NY 11220
Customer Service: 1-(855) BIKE-311
For issues relating to New Jersey operations or Citi Bike bicycles rented in New Jersey:
Jersey City Bike Share, LLC
98 Forrest Street
Jersey City, NJ 07304
Customer Service: 1-(855) BIKE-311
Section 16 Choice of Law; Dispute Resolution; Attorneys’ Fees.
This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of New York State, excluding principles of conflicts of laws. For every dispute regarding this Rental Agreement: (i) each party consents to the jurisdiction of the courts of New York State and agrees that those courts have personal jurisdiction over each party; (ii) venue must be in New York State; and (iii) the parties must submit the dispute to mandatory mediation held in New York State. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
Further, if NYCBS or JCBS prevails in litigation against, or settles a dispute with, a Member to enforce its rights under this Rental Agreement, NYCBS or JCBS, as applicable, shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, mediation or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which NYCBS or JCBS, as applicable, may be entitled.
Section 17 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 knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to NYCBS, JCBS and its and their 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 NYCBS, JCBS and its and their 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 NYCBS or JCBS may decide in their 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 19 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 or remedy provided by law.
Section 20 Final Agreement; Modification by Bike Share.
This Rental Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement supersedes 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, Bike Share may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause. 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, Bike Share will post a notification on the Website. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Website supersedes all pricing set forth in this Rental Agreement.
Section 21 Severability.
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, Member agrees 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
Member Agreement to Rental Agreement
I certify that I am the Member, I am 18 years of age or older, and I have read and agreed to the terms and conditions set forth in this Rental Agreement.
I certify that I am the Parent or Legal Guardian of the Member, who is 16 years of age or older, and I have read and agreed to the terms and conditions set forth in this Rental Agreement on behalf of myself and the Member, and I authorize the use of the Services by such minor Member.
Version January 5, 2017