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USER AGREEMENT

Rider should CAREFULLY READ all terms and conditions before entering into this Agreement, INCLUDING THE RELEASE AND WAIVER OF LIABILITY PROVISIONS IN SECTION 5.


1. Purpose of Agreement.
This document constitutes the entire Agreement (�Agreement�) between (a) Rider, the person agreeing to lease and use the bike (�Bike�), and (b) GREENbike Utah (aka SLC Bike Share), a Utah nonprofit corporation.


2. General Rental and Use of Bike: Agreements and Restrictions.
2.1	Rider is sole user: GREENbike expressly agrees to let, and the Rider expressly agrees to take on, rental of the Bike subject to the terms and conditions set out herein. GREENbike and the Rider are the only parties to this Agreement. The Rider is the sole lessee and is solely responsible for compliance with all terms and conditions contained herein.
2.2	Rider is 18 or older: Rider represents and certifies to GREENbike that Rider is at least eighteen (18) years old. If Rider intentionally or unintentionally misrepresents Rider�s age, Rider accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney�s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such intentional or unintentional misrepresentation.
2.3	Rider is a competent bike operator: Rider represents and certifies that he/she is physically fit to ride the Bike and also that Rider is familiar with the operation of the Bike, and is reasonably competent to ride the Bike.
2.4	Bike is exclusive property of GREENbike and/or local Municipal Partner: Rider agrees that the Bike and any equipment attached thereto, at all times, remains the exclusive property of GREENbike and/or the local Municipal Partner. Rider will not make any type of modification to the Bike at any time.
2.5	Bike Availability: Bikes must be rented within the maximum rental time limits set forth in 2.6 below. Bikes are limited and Bike Stations may not have available Bikes for rental at all times. To check the availability of Bikes, please refer to the rental locations and Bike availability on greenbikeutah.org.
2.6	Maximum Rental Time and Charges: The maximum consecutive rental time for a Bike is 24 hours. Rider agrees that Rider will return the Bike to a designated bike station within no more than 24 hours from the time that rental of the Bike began. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return.� GREENbike offers five types of access passes: a Single Trip 60 minutes pass, a 24-hour day pass, a 4-day pass, a monthly pass, and a 365 day annual pass. A Single Trip 60 minute pass is $3 and allows the rider to take a single trip of 60 minutes or less. Rides over 60 minutes will incur a $5 usage fee for each additional 60 minutes until the bike is checked into a station. A 24-hour Day Pass is $9 and allows the rider to take as many 60 minute rides as the rider wants within a 24-hour period. Rides over 61 minutes at a time will incur a $5 usage fee for each additional 60 minutes of that ride. A 4-Day Pass is $15 and allows the rider to take as many 60 minute rides as the rider wants within a 4 day period. Rides over 61 minutes at a time will incur a $5 usage fee for each additional 60 minutes of that ride. A Monthly Pass is $20 and allows the rider to take as many 60 minute rides as the rider wants within a 30 day period. Rides over 61 minutes at a time will incur a $5 usage fee for each additional 60 minutes of that ride.A 365 day annual pass is $75 and allows the rider to take as many 60 minute rides as the rider wants within a 365 day period. Rides over 61 minutes at a time will incur a $5 usage fee for each additional 60 minutes. Usage fees are in addition to access fees. The maximum day charge is $75 and is based on a calendar day. Upon return of the Bike, the Rider will be charged the accumulated usage fees, or the maximum day charge, whichever is less.� If the Bike is not returned within 24 hours, it will be considered stolen and Rider will be charged $1,200 if it�s a non-ebike and $2,500 if it�s an electric bike.�
2.7	Bike may be used and/or operated only in the City where Bike was checked out:� Rider agrees to only use, operate and/or ride the Bike in the same City where the bike was checked out. For example, if a rider checks out a bike from a station in Salt Lake City, rider agrees to not take that bike to another city, such as Ogden.
2.8	Rider must follow rules of use and/or operation of Bike: Rider agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, including all state and local laws and the rules and regulations pertaining to bicycles in the City where the bike was checked out.� In addition, Rider agrees to use and wear appropriate safety equipment, including but not limited to a helmet.
2.9	Rider must not use, ride and /or operate Bike if impaired: Rider agrees that he/she will not, under any circumstances, use, ride and/or operate the Bike if he/she has consumed, ingested and/or used alcohol or drugs and/or has a blood concentration above the jurisdictional limit prescribed, or is otherwise impaired.
2.10	Bike is intended for only limited types of use: Rider agrees that he/she will not use the Bike for racing, mountain bike riding, stunt or trick riding. Rider agrees that he/she will not operate and/or use the Bike on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees that he/she will not use the Bike for hire or reward, nor use it in violation of any law, ordinance or regulation.
2.11	Rider�s use of front carrier/basket is limited: Rider agrees that he/she will not fill the front carrier/basket with heavy items as they may create an unsafe condition and affect Rider�s balance and steering control. Rider acknowledges that the front carrier/basket of the Bike is intended to carry light goods only, and will not carry additional people or animals in the basket or anywhere on the Bike.
2.12	Rider must report accident, stolen or lost Bike and/or Membership Card: If an accident occurs involving a Bike Rider agrees that he/she must immediately report to GREENbike and City Police Department where the bike was checked out. Rider agrees that he/she will report a lost/stolen Bike or Member Card to GREENbike. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney�s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bike and/or Membership Card.
2.13	Rider responsibility related to Bike use and damage: Rider agrees to return the Bike to GREENbike in the same condition received, ordinary wear and tear expected. Rider agrees to ensure that the Bike is always locked and secured when unattended. Bikes may be equipped with wire locks; however, GREENbike will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances, regardless of whether Bike locks are used, broken or not properly functioning. Rider agrees to pay for any damage, including replacement parts, to and/or destruction or loss of the Bike (Rider agrees to pay for any loss even though damage was caused by someone else). All repairs needed as a result of any such loss, destruction or damage will be performed at the normal labor rates. In the event the Bike is lost, destroyed or damaged beyond repair, regardless of fault or cause, Rider agrees to pay GREENbike the full replacement value of the equipment.

3.	Assumption of Risk/Limitation of Liability.� For and in consideration of rental and use of the Bike, Rider specifically agrees to assume any and all risks associated with participation in the GREENbike bike share program and/or use of the Bike and forever releases and relinquishes and discharges GREENbike and all public and private Sponsors, Partners, and each of their affiliates, representatives, directors, officers and agents, as well as owners of property upon or near which stations are located (collectively, the �Released Parties�), from any and all claims, liability, cause(s) of action and/or damage or wrongful death, injury to Rider, others and/or third parties, whether or not related to or caused by the sole or partial negligence of the Released Parties, which arise out of, result from or relate to this Agreement; the rental, maintenance, design, use and/or operation of the Bike; or the GREENbike bike share program, and/or its website.� For purposes of this Agreement, the terms �Sponsors� and �Partners� includes any company or individual who has participated or is participating as a sponsor or partner of the GREENbike bike share program.�

4.	Indemnification/Hold Harmless.� Rider expressly agrees to indemnify, release and hold harmless Released Parties from and against any and all liability for any property loss or damage, personal injury or loss of life, or any other kind whatsoever, whether or not related to or caused by the sole or partial negligence of the Released Parties, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.

5.	RELEASE AND WAIVER OF LIABILITY.� RIDER (AND ANY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS OR NEXT OF KIN) HEREBY RELEASES, WAIVES AND DISCHARGES RELEASED PARTIES FROM ALL LIABILITY AND COVENANTS NOT TO SUE RELEASED PARTIES FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMAND THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY OR DEATH OF THE RIDER, ARISING OUT OF OR RELATED TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE BIKE, THE GREENBIKE BIKE SHARE PROGRAM, AND/OR THIS WEBSITE, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASED PARTIES OR OTHERWISE.

6.	Governing Law; Venue; Enforcement.� This Agreement is governed by the applicable laws of the State of Utah.� All disputes arising under this Agreement shall be brought only before the Third Judicial District Court in and for Salt Lake County, State of Utah.� If any provision of this Agreement is found to be unenforceable, all other provisions will be given full force and effect.� In the event of a dispute between the parties arising under this Agreement, the party prevailing in such dispute shall be entitled to collect such party�s costs from the other party, including without limitation court costs and reasonable attorneys� fees.

7.	Acceptance of Agreement by Rider. Rider expressly acknowledges and agrees that he/she has carefully read the entire Agreement and understands its terms and conditions, including, but not limited to, the Assumption of Risk/Limitation of Liability, Indemnification/Hold Harmless, and Release and Waiver provisions. After careful deliberation, Rider voluntarily gives his/her consent and fully and expressly agrees to be bound by all the terms and conditions included in this Agreement as set forth above.

Last Updated March 2024
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