Zagster Rider Agreement
Any Zagster Rider over 18 years old must electronically sign and submit this form before the Rider may rent a Zagster bike. Submitting your name with this form constitutes an electronic signature of the Rider Agreement.
Rider Contract Last Revised: August 11th, 2016
This Contract is a bike-sharing/rental service subscription contract between Zagster, Inc. ("Zagster") and the Rider. All Riders are required to accept and comply with the terms and conditions set forth herein. By accepting the terms and conditions of this Contract and using Zagster's services you accept and agree to comply with the terms and conditions of this Contract, as it may be amended from time to time.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT, THEN YOU ARE NOT AUTHORIZED TO USE ANY ZAGSTER BIKE OR SERVICE.
If you have any questions regarding this Contract, please contact us via email at firstname.lastname@example.org or by telephone at 1-202- 99WEZAG.
Zagster reserves the right to change the terms of this Contract, including any associated Schedules, from time to time and shall give notice of such changes to the Rider in a timely manner. Notice to Riders shall be considered given when such notice is indicated and accessible from the first page accessed after the Rider log-on to the Zagster website www.zagster.com or by email to the Rider address provided to Zagster in the Rider's application or most recently provided to Zagster. If you are a Rider, and you so request (via an email to us at the address provided above), we will email you a notice of the amended terms and conditions. You agree that the amended terms and conditions of this Contract shall be effective and binding on you upon the effective date indicated in such notice or on the date posted on Zagster's website.
Certain provisions of this Contract and the Rules related to your use of Zagster bike and services may vary based upon the jurisdiction in which you rent or use a Zagster bike. For example, you may be required by law to wear a helmet in certain cities or jurisdictions (or, if applicable, by province or state) in which you are utilizing the Zagster bike and certain different or additional fees and policies may apply. The Contracts applicable to all jurisdictions in which Zagster bikes may be reserved are available through the Zagster websites.
In this Contract, the following definitions apply:
a. ”Rider” or “you”: The person registered as the Rider.
b. ”Contract”: This Ridership Contract and related Schedules, whether made available in print or electronically through Zagster's web sites. The Schedules, if any, are an integral part of this Contract and are incorporated herein by reference.
c. ”Rules”: All the rules, guidelines or policies of Zagster related to a Rider's use of the Zagster service, whether set forth in this Contract, appearing elsewhere on Zagster's web sites or otherwise issued from time to time by Zagster, including, specifically and without limitation, those set forth in the Rules for Bike Use.
d. ”Schedules”: All the schedules and policies referenced in or incorporated into this Contract.
2.1 This Contract is a bike-sharing/rental service subscription contract offered by Zagster but does not in itself confer any right to use any Zagster bike or service. A Rider may only use Zagster's bikes and/or services, to the extent available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges.
2.2 Zagster is the owner of any item it provides to, or puts at, the Rider's disposal during the term of this Contract, including specifically and without limitation, all Zagster bikes, bike racks and locking mechanisms.
3.1 To be eligible for our service, the Rider must:
- Be at least 18 years old
- Be a valid member/resident/customer/student/guest of the partner community in which Zagster has contracted with; and
- Accurately, truthfully and fully complete the application process with Zagster and deliver all information requested in the application.
3.2 Satisfying the foregoing criteria does not automatically give an applicant the right to become a Zagster Rider. Acceptance of the applicant's Ridership is subject to approval by Zagster and/or its partners in their sole discretion, and, without limiting the foregoing, Ridership may be denied based upon additional criteria established from time to time by Zagster and/or its insurance providers.
3.3 The Rider represents and warrants to Zagster that it has received all reasonable explanations concerning the content of this Contract, including all Schedules currently in force, and that it has carefully reviewed its commitments and obligations hereunder.
4. Fees and Responsibilities of the Rider
4.1 The Rider promises to pay Zagster all applicable application and Ridership fees associated with the Rider's plan as listed in the associated Ridership and Rental Rates Schedule. Application fees are not refundable, regardless of whether or not the application is accepted by Zagster or a Rider's Ridership terminates. A Rider's initial (first year's) Ridership fee is only refundable if a Rider terminates Ridership within the first thirty (30) days of Ridership. To cancel Zagster Ridership, call us at 1-202-99WEZAG.
An application fee will be payable if a new Ridership application is resubmitted more than 90 days after a Rider's account with Zagster is closed.
4.2 The Rider shall pay all fees and costs incurred when due, including application fees, Ridership fees (which are automatically charged annually), usage charges and other costs and fees. Riders are billed for usage fees, costs incurred and for any fees incurred via credit card or other means as established by Zagster. Any Rider account which is delinquent will be suspended. Any credit or debit card provided by the Rider to Zagster for billing which is rejected may result in suspension of the Rider's Ridership. Riders are responsible for providing and maintaining current credit card or debit card information on file with Zagster. Ongoing issues with credit card billings may result in termination of Ridership. Under no circumstances will Zagster be responsible for any overdraft or other fees charged by a Rider's credit card company or bank. For delinquent accounts, Zagster may also change how credit is offered to the Rider and/or terminate the Rider's account. In addition, Zagster may utilize third parties to collect amounts owed to Zagster by a Rider.
4.3 Riders are responsible for providing and maintaining current email, mobile phone, mailing address and other account information. Telephone calls, email correspondence and social media communications with Zagster may be recorded or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls, emails and social media communications
5.1 Damages Generally: A Rider is responsible for the full value of any damages caused to Zagster's property or the property of all third parties during the entire time while the Rider is responsible for a Zagster bike. Without limiting the foregoing, a Rider is responsible for any and all damage that occurs to a Zagster bike while in the Rider's possession or control (the entire time the bike is reserved under the Rider's account) even if damage is weather-related or arises from similar causes.
Zagster does not provide any insurance to Riders. The service is provided "as is" and the Rider assumes all risks associated with using the service.
7. Term and Termination
7.1 This Contract shall commence upon the acceptance by Zagster of the Rider's completed Ridership application and the payment of any applicable fees. This contract term shall continue until such time as Ridership is canceled in accordance with this Section 7. A Rider may terminate Ridership upon one day prior notice by calling us at 1-202-99WEZAG. Zagster may terminate this Contract at any time upon no less than thirty (30) days notice to the Rider. With respect to any termination or cancellation of this Contract, the Rider shall remain responsible for any fees, costs or expenses incurred prior to termination of this Contract.
7.2 In addition, Zagster may upon notice to the Rider, immediately terminate this Contract if the Rider (a) fails to pay any sum due under this Contract, (b) fails to comply with any term or condition specified in the Contract or any Rules, (c) engages in any activities or conduct that Zagster, in its reasonable discretion, determines to be inappropriate, abusive or otherwise unacceptable; or (d) is not paying its debts as such debts generally become due, becomes insolvent, files or has filed against it a petition (or other document) under any bankruptcy law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of its property or business .No Ridership or other fees will be refunded in the event of termination pursuant to this Section 7.2.
7.3 Upon termination, all of the Rider's rights to use Zagster's services and bikes shall immediately terminate. The Rider agrees to return immediately to Zagster any bike or any other property of Zagster that the Rider has in the Rider's possession. Additionally, the Rider shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Zagster).
8. Limitations of Liability
8.1 UNDER NO CIRCUMSTANCES WILL ZAGSTER BE LIABLE TO ANY RIDER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS CONTRACT OR USE OF THE ZAGSTER SERVICES. Without limiting the foregoing, Zagster shall have no liability for any loss of, or damage to, any goods on the bike, any loss, damage or injury resulting to third parties from the use of a Zagster bike, or from the use of any bike accessories (bicycle racks, baby seats, etc.), whether supplied by Zagster or by a Rider (the Rider is responsible for the safe installation of such accessories and must check the condition of such accessories before each use).
8.2 THE RIDER ACKNOWLEDGES AND AGREES THAT ZAGSTER'S SERVICES INVOLVE SOME HAZARDS AND DANGERS AND THAT THE RIDER'S USE OF SUCH SERVICES IS ENTIRELY VOLUNTARY. BY USING ZAGSTER'S SERVICES, THE RIDER (A) ASSUMES ALL RISKS OF INJURY, LOSS OF LIFE AND DAMAGE TO PERSON AND PROPERTY THAT MAY OCCUR IN CONNECTION WITH THE SERVICES, (B) WAIVES, RELEASES AND HOLDS HARMLESS ZAGSTER AND ITS AFFILIATED COMPANIES AND THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, RIDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY CLAIMS, DAMAGES, LIABILITIES, RIGHTS AND CAUSES OF ACTION ARISING IN CONNECTION WITH OR RESULTING FROM THE RIDER'S USE OF THE SERVICES AND (C) AGREES THAT THE RIDER, THE RIDER'S FAMILY RIDERS AND THE RIDER'S SUCCESSORS, ASSIGNS, HEIRS AND LEGAL REPRESENTATIVES WILL NOT MAKE ANY CLAIM AGAINST ZAGSTER AND ITS AFFILIATED COMPANIES AND THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, RIDERS, EMPLOYEES AGENTS AND REPRESENTATIVES WITH RESPECT TO THE CLAIMS, DAMAGES, LIABILITIES, RIGHTS AND CAUSES OF ACTION THE RIDER IS RELEASING AND WAIVING HEREIN. THE RIDER HEREBY REPRESENTS AND WARRANTS THAT THE RIDER HAS READ THIS CONTRACT AND FULLY UNDERSTANDS THAT BY ACCEPTING THIS CONTRACT, OR USING ZAGSTER'S SERVICES, THE RIDER IS GIVING UP LEGAL RIGHTS AND/OR REMEDIES THAT MAY BE AVAILABLE TO THE RIDER.
9. Miscellaneous Provisions
9.2 The rights granted to the Rider under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of Zagster shall be void and of no force and effect. Zagster may assign this Contract to an affiliate or to another entity in connection with a corporate transaction or otherwise.
9.3 No delay or omission by Zagster to exercise any right or power occurring upon any noncompliance or default by the Rider with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Zagster of any covenant, condition, or agreement to be performed by the Rider shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise
9.4 If any term, provision, covenant or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
9.5 This Contract is governed by the laws in force in the Commonwealth of Massachusetts and shall be interpreted according to the internal laws of such Commonwealth, without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely in the applicable state or federal courts of Massachusetts. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
9.6 Any notices or communication required or permitted to be given to the Rider shall be in writing and shall be sufficiently given if delivered by email or mailed to the Rider at the email or postage address provided to Zagster in the Rider's completed registration or as updated by the Rider and on file with Zagster. Any notices or communication required or permitted to be given to Zagster shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:
25 First St. Suite 104
Cambridge, MA 02141
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.
10. Rules of Bike Use
A user may not lend, rent or assign his or her bike or lock key, which is the property of Zagster, or use the same for purposes which are contrary to the provisions hereof. A user is expressly forbidden from allowing any third party to use the bicycle, which is the property of the Zagster, in any way whatsoever, whether free of charge or not.
10.2 The use of a Zagster bike under the following conditions is prohibited
a. any speed race or competition
b. for the primary business purpose of transporting people or operating a taxi service;
c. by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a bicycle is prohibited or not recommended
d. in the carrying out of any crime or for any other illegal activity or purpose;
e. in an imprudent, negligent, or abusive manner or any other abnormal use of a bike;
f. by any person who has provided Zagster with false information or whose representations are determined to be false (including, without limitation, regarding his/her name, age, or address);
g. outside of the designated hours of operations
The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a Zagster bike, as determined by Zagster in its sole discretion, may be deemed a violation of these Rules. Without limiting the foregoing, Riders must always use Zagster bike in accordance with all applicable laws and regulations. Zagster may report to the authorities any use of a Zagster bike or other activities that are in violation of law.
Zagster may immediately suspend or terminate the use of its service by any Rider for a violation of any of these Rules. Upon suspension or termination, any existing reservations for the Rider may be canceled by Zagster at its sole discretion. In addition, Riders will be responsible for any and all costs, charges, fees and expenses incurred by Zagster as a result of a breach of any of these Rules.
11. Reserving a Zagster Bike
11.1 The minimum period for which a Zagster bike may be rented is defined by the minimum set with the system of rental. If the Zagster bike is available, a rental may be extended in one hour increments thereafter as provided in Section 11.2 below. Use of a bike for a period of longer than designated rental period may be authorized at Zagster’s discretion and must be arranged with a Zagster representative.
11.2 Extending and Ending Rentals
If you wish to extend a rental, you may do so only if (i) the bike is available for use for the extension period (for example, some location have restricted hours of use and require that the bikes are returned prior to the building being locked), (ii) the request to extend is completed prior to the scheduled expiration time of your existing reservation and (iii) you have sufficient credit/funds available on the credit/debit card used to make the reservation to pay for the extension.
You must pick up the selected bike at its designated Zagster bike rack and return it secured and in good working order, to the correct and designated Zagster bike rack by no later than the end time of your reservation. At the end of your rental period you are required to text the word “end” and the bike number to Zagster. Users who fail to notify Zagster of the end of their rental could be subject to additional fees, as outlined in the Fee Policy (schedule 1).
12. RESPONSIBILITIES AND RECOMMENDATIONS
The Rider is responsible, prior to using the bicycle, to perform a simple check of the principal visible functional components thereof, including (without limitation) to ensure that:
(i) the seat, pedals and basket are properly attached;
(ii) the bell, brakes and any lighting, if any, are functioning properly; and
(iii) the frame and tires are generally in good working condition.
Or any other condition that may render the bicycle unsafe to operate.
The Rider is furthermore advised:
(i) to adjust braking distance in bad weather;
(ii) to adjust the height of the seat to the Rider's morphology;
(iii) to wear a suitable helmet and clothing; and
(iv) to respect the Highway Safety Code in force at the time the Rider is making use of the Service (e.g.: observing traffic lights and signs, using hand signals and refraining from riding on the sidewalk, etc.).
If Zagster is not notified of a problem at the start of a rental, you will be deemed to be responsible for any problem with the bike discovered or reported after your rental. Failure to report damage may also result in the suspension or termination of your Zagster Ridership.
The key, key fob or other locking device to the bike must be attached to the Zagster bike and/or be returned to its designated position within the lockbox at the conclusion of the rental. The bike must be locked (using your designated pin code and the lock provided) at all times when it is not in use during your rental. You must advise Zagster immediately if you fail to leave the key/fob/locking device attached to the bike and secured in the locked lockbox. You will be charged the hourly rate for the bike until the key/fob/starting device is returned and you will remain responsible for the bike during such period. You may also be charged a fee to replace any of the items missing from the bike.
Stolen bikes must be immediately reported.
31.1 In case of an incident involving property damage or any third party, the Rider must fill out an official police report form, and, if possible, provide a jointly agreed-upon statement, complete Zagster’s incident report form, and obtain the following information:
a.Date, time, and place of incident;
b.The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent);
c.The names, addresses, and driver's license numbers of the persons involved in the incident;
d.The name, address, and driver's license number of the owner of the car (if he or she is not the driver);
e.The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
f.Circumstances of the incident; and
g.A police report is required regardless of liability or fault.
13.2 Investigation and procedure. Riders must provide to Zagster and any other claims adjustment service the findings of any report or any notice relating to a claim or a lawsuit against Zagster regarding any incident involving a Zagster bike. Riders agree to cooperate fully with Zagster in the investigation and defense of any such claim or lawsuit. A Rider's account will be suspended until the investigation has been concluded.
The schedules constitute an integral part of this Contract:
Schedule (i): Ridership and Rental Rates Schedule
The yearly Ridership fee is subject to the association you join.
The daily rate for a bike rental is: .
Schedule (ii): Fees
If the bike is not returned by the specified due date and time, there will be applicable fees