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
In consideration of Your use of any of the Citi Bike® Services (defined below), You (“Rider”, “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 (“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.
I. Access Passes
You may use the Citi Bike Services in either New York City or Jersey City, regardless of where you have purchased an Access Pass, but You may not transport a Citi Bike bicycle between New York and New Jersey or vice versa, as provided in Section 5. In New York, the Services are provided to you 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 Access Pass Fees
When You purchase an Access Pass at a Pay Station granting You access to the Services, Bike Share will place a security deposit hold of $101 on Your acceptable credit or debit card, and You agree to be charged the fee for the Access Pass selected by you plus any hourly fees set forth in Section 2 that You incur, each subject to applicable sales taxes and other local government charges. The amount of the security deposit could remain on Your credit or debit card account for an amount of time to be determined by the Your bank’s policies regarding holds. A Rider may purchase up to four Access Passes (to remove up to four Citi Bike bicycles) on each credit or debit card. Bike Share will place additional $101 security deposit holds on Rider’s credit or debit card for each additional Access Passes and Rider will be charged all applicable fees for the use of Citi Bike bicycles with the Access Passes purchased with Rider’s credit or debit card.
Section 2 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 30 minutes, no usage fee will be charged. If You do not return the Citi Bike bicycle to a Bike Dock within 30 minutes, You will be charged the usage fees set forth in the chart below, which 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.
If You have any dispute regarding a chargeable trip, then You must, within 10 business days of Your receipt of Your statement containing 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.
|Ride Time||Total Usage Fees for Access Pass Riders|
00:00:01 – 00:30:00 hours
00:30:01 – 0:45:00 hours
00:45:01 – 01:00:00 hours
01:00:01 – 01:15:00 hours
01:15:01 – 01:30:00 hours
01:30:01 – 01:45:00 hours
01:45:01 – 02:00:00 hours
02:00:01 – 02:15:00 hours
02:15:01 – 02:30:00 hours
02:30:01 – 02:45:00 hours
02:45:01 – 03:00:00 hours
03:00:01 – 03:15:00 hours
03:15:01 – 03:30:00 hours
03:30:01 – 03:45:00 hours
03:45:01 – 4:00:00 hours
04:00:01 – 4:15:00 hours
04:15:01 – 4:30:00 hours
04:30:01 – 4:45:00 hours
04:45:01 – 5:00:00 hours
05:00:01 – 5:15:00 hours
05:15:01 – 5:30:00 hours
05:30:01 – 5:45:00 hours
05:45:01 – 6:00:00 hours
06:00:01 – 6:15:00 hours
06:15:01 – 6:30:00 hours
06:30:01 – 24:00 hours
24:00:01 – 48:00:00 hours
> 48:00:00 hours
Section 3 Lost or Damaged Bicycles; 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 Rider. Your use of the Services is limited to a period of 48 consecutive hours. Any use that exceeds a period of 48 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 48 consecutive hours, then the Citi Bike bicycle is deemed lost or stolen, Rider’s credit or debit card will be charged a lost bike fee of up to $1200, and a police report may be filed with local authorities. The Citi Bike bicycle must be returned by Rider 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 Rider will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 48 hours after the Citi Bike bicycle is not returned or is returned in a damaged state. Bike Share will attempt to contact Rider via telephone before charging the Rider’s credit or debit card, by using the contact information provided by Rider when purchasing access to the Services. For any disappearance of a Citi Bike bicycle that was released on an Access Pass purchased by Rider, Rider must report the disappearance to the local police department and to NYCBS or JCBS, as applicable, within 24 hours following the disappearance.
Section 4 Credit/Debit Card Matters.
You must input a valid credit or debit card number and expiration date before You can purchase access to 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
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 Access Pass is purchased 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 Riders, 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 safely operate 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.
- 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 understand the basket is not a child seat.
- 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 5-digit ride code, or any other unique Rider information to 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 Rider.
Section 6 Releases; No Warranties.
IN EXCHANGE FOR YOUR BEING ALLOWED TO USE ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, 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, BIKE DOCKS, OR RELATED INFORMATION, (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.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION 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, BIKE DOCKS, OR RELATED INFORMATION, 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, BIKE DOCKS, AND RELATED INFORMATION 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, BIKE DOCKS, OR RELATED INFORMATION 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, BIKE DOCKS, OR RELATED INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, 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.
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, Bike Docks, or related information, 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.
RIDER IS SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE CITI BIKE BICYCLE AT ALL TIMES. RIDER UNDERSTANDS THAT THIS AND OTHER SECTIONS IN THIS RENTAL AGREEMENT DESCRIBE AND RELATE TO THE RISKS RELATING TO RIDER’S USE OF THE SERVICES. RIDER AFFIRMS THAT RIDER HAS READ, UNDERSTANDS, AND ACCEPTS THE ENTIRE RENTAL AGREEMENT. RIDER AGREES THAT BICYCLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE BICYCLE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. RIDER FURTHER AGREES THAT, BEFORE ANY USE OF THE SERVICES, RIDER WILL PERFORM THE SAFETY INSPECTION DESCRIBED IN SECTION 8, AND RIDER WILL NOT USE A BICYCLE THAT FAILS THE SAFETY INSPECTION AND WILL NOTIFY NYCBS OR JCBS, AS APPLICABLE, OF SUCH FAILURE. RIDER 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 RIDER 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 CRIMINAL OR OTHER THIRD-PARTY ACTS OR OMISSIONS, BICYCLE OR COMPONENT MALFUNCTION, NEGLIGENT ACTS OR OMISSIONS BY ANY RELEASED PERSON, RIDER’S OR ANY THIRD PERSON’S NEGLIGENT ACTS OR OMISSIONS, AND RIDER’S UNDERLYING KNOWN OR UNKNOWN HEALTH CONDITIONS. RIDER AGREES THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE RIDER’S SOLE RESPONSIBILITY AND RIDER ASSUMES ALL RELATED RISKS.
RIDER FURTHER AGREES THAT IF RIDER’S USE OF ANY OF THE SERVICES CAUSES ANY INJURY OR DAMAGE TO ANOTHER PERSON OR PROPERTY, THEN RIDER MAY BE LIABLE FOR ALL RESULTING INJURIES, DAMAGES, AND RELATED COSTS. BY CHOOSING TO RIDE A CITI BIKE BICYCLE, RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISKS, DANGERS, AND HAZARDS, AND RIDER AGREES THAT NYCBS, JCBS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY RIDER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE CITI BIKE BICYCLE ITSELF.
RIDER AGREES, WITHOUT LIMITATION, TO INDEMNIFY AND HOLD HARMLESS ALL RELEASED PERSONS FROM ANY DEATH, INJURY, OR DAMAGE TO RIDER, ANOTHER PERSON OR PERSONS, OR PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO RIDER’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 Rider, 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 Riders 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 RIDER AGREES THAT NYCBS, JCBS AND THE OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY INJURY SUFFERED BY RIDER WHILE USING ANY OF THE SERVICES, WHETHER OR NOT RIDER IS WEARING A HELMET AT THE TIME OF INJURY. RIDER ASSUMES ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING AND GEAR. Rider agrees that, when using any of the Services, Rider 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. In order to purchase an Access Pass in Jersey City for a Rider that is under 17 years of age, Rider’s parent or legal guardian must certify that Rider is wearing a helmet. Bike Share provides Riders with access to the Services in reliance on age verification information You provide upon purchase of any Access Pass. 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 and the City of Jersey City. 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. Rider 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, or (iii) any stolen or lost Citi Bike bicycle.
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. Riders may use the Website or Mobile App to check the inventory of Citi Bike bicycles and Bike Docks available at a Station. Rider agrees that NYCBS or JCBS, as applicable, may require Rider 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/Debit Card Matters, expires one year after Your last use of the Services. 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.
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 Rider 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 Rider’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, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Kiosk supersedes all pricing set forth in this Rental Agreement.
Section 21 Severability.
If a court deems any provision of this Rental Agreement illegal or otherwise unenforceable for any reason, Rider 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.
Rider Agreement to Rental Agreement, Liability Waiver and Release
I certify that I am the Rider, 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, Liability Waiver and Release.
I certify that I am the Parent or Legal Guardian of the Rider, 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, Liability Waiver and Release on behalf of myself and the Rider, and I authorize the use of the Services by such minor Rider.