Bicycle Rental Agreement, Liability Waiver, and Release
Bike Chattanooga is a self-serve bicycle rental (“Service”), established by the Chattanooga Area Regional Transportation Authority and the City of Chattanooga, and managed and operated by Motivate (“Motivate,” “Our,” or “We”). In consideration of your use of any Service, Motivate requires that you ("Member", "Rider",“You”, or “Your”) agree to all terms and conditions in this Bicycle Rental Agreement, Liability Waiver, and Release (“Agreement”), which are intended to promote the safe use of Bike Chattanooga bicycles, and which apply to all Annual Members and to all Access Pass Riders, as defined below. In this Agreement, "Member” means and includes both Annual Members and Access Pass Riders.
Section 1 Modifications to Agreement. Motivate reserves the right to unilaterally amend, modify, or change this Agreement, at any time and from time to time in its sole discretion, without notice and without Member’s consent. By continuing to use any Service after any amendment, modification, or change, Member has agreed to be bound by all such amendments, modifications, and changes. Member must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Motivate will post a notification on www.bikechattanooga.com (“Website”).
Section 2 Term of Agreement. The term of this Agreement begins when You first use any Service, and the term ends 10 years after Your last use of any Service; provided, however, that Your personal financial responsibility under Section 15 of this Agreement, titled Credit Card Matters, expires one year after the later of (i) Your last use of any Service, or (ii) the expiration of Your Membership or Pass. At any time and from time to time, and without Member's consent, Motivate may unilaterally terminate Your right to use any Service, in Motivate’s sole discretion and without any notice or cause. This Agreement remains in full force and effect after any termination of Your right to use any Service.
Section 3 Service System. The Service is composed of Bike Chattanooga bicycle stations (“Stations”), which include an automated pay station (“Pay Station”), and separate stands that allow the docking of Bike Chattanooga bicycles (“Bike Docks”). The Stations are for the purposes of the renting, docking, and locking of Bike Chattanooga bicycles, as well as the identification of Member. Under the Service, Bike Chattanooga bicycles can be rented and returned to any Station.
Section 4 Registration to Service. Member may registered to the Service for a period of one year (“Membership”). To purchase a Membership, Member must complete a registration form and create an account ("Account") at www.bikechattanooga.com, to become a Annual Member (“Annual Member”). When a Member subscribes to the Service, Motivate will charge the Annual Member’s credit card the amount for the Membership, as described in Section 5. Once Annual Member’s credit card payment clears, Motivate will mail a system key to the mailing address listed by Annual Member. Annual Member must activate the system key on the Website, under the “Member Login” heading, before using the Service for the first time. A Membership becomes valid and active once the system key is activated on the Website. The Membership allows Annual Member to use the Service without having to pay the $8 charge applicable to Pass Rider (defined below); provided; however, that Annual Member must still pay the hourly rates as set forth in Section 7 for all trips in excess of 60 minutes. Within one year after a prior Membership expires, Annual Member may renew the Membership on the Website, under the “Member Login” heading. If the Membership is not renewed within this period of time, then Annual Member might need to (i) take certain actions to reactivate Annual 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 Annual Member breaches this Agreement, as decided by Motivate in its sole discretion. If a Membership is terminated for any reason, then no refund is provided.
Section 5 Annual Membership Rates and Benefits. An Annual Membership may be purchased for $50 (taxes are included). Additional Annual Membership options exist with Bike Chattanooga Community Partners, which requires eligibility verification and are priced per contractual agreement between Motivate and the Community Partner. Eligibility verification will be determined by input of unique identifying field as requested by the Community Partner, by a specific Community Partner password, or by unique codes provided to You by the Community Partner.
Member may purchase a Membership only by using a Visa or MasterCard credit card. On the 8th day of each month, the total amount of chargeable trips (i.e., those trips in excess of 60 minutes) will be charged to Annual Member’s credit card. At the end of each month, Annual Member may access a statement of chargeable trips on the Website. If Annual Member has any claim or dispute regarding a chargeable trip, then Annual Member must, within 10 business days from the end of the prior month with the disputed claim, provide to Motivate the corresponding trip number to identify the place and time the Bike Chattanooga bicycle was rented and returned. The receipt, if any, indicating the date and time the Bike Chattanooga bicycle was returned would be additional proof that the Bike Chattanooga bicycle had been properly returned. Annual Member is encouraged to maintain all trip receipts.
Section 6 If You do not elect to purchase a Membership, You may purchase an Access Pass for either a three-day period (“3-Day Access Pass”) or a 24-hour period (“24 Hour Access Pass”). The charge for 3-Day Access Pass is a $15 flat fee for a 72 hour period, plus all additional hourly charges pursuant to the rates set forth in Section 7. The charge for a 24 Hour Pass is an $8 flat fee for a 24-hour period, plus all additional hourly charges pursuant to the rates set forth in Section 7. When an Access Pass Rider signs up to the Service at the Station, Motivate will place an authorization hold on Access Pass Rider's credit card of $0.01 for card verification purposes; and, that amount could remain on Access Pass Rider's credit card for an amount of time to be determined by the Rider's bank's policies regarding holds. This hold will be placed on Access Pass Rider's credit card for each bike rented. In this Agreement, "Members” indicates anyone who is an Access Pass Rider.
Section 7 Hourly Rates. In addition to the Annual Membership and Access Pass rates outlined in Sections 4 to 6, all Members are subject to hourly rates. The hourly rates are set forth in the chart below. So long as Member returns the Bike Chattanooga bicycle to a Bike Dock within 60 minutes, no hourly charge applies. Member may remove another Bike Chattanooga bicycle from a Bike Dock after returning the previous Bike Chattanooga bicycle after a 5 minute wait.
||Total Hourly Fee
|2:00:00 – 2:29:59 hours
|2:30:00 – 2:59:59 hours
|3:00:00 – 3:29:59 hours
|3:30:00 – 3:59:59 hours
|4:00:00 – 4:29:59 hours
|4:30:00 – 4:59:59 hours
|5:00:00 – 5:29:59 hours
|5:30:00 – 5:59:59 hours
|6:00:00 – 6:29:59 hours
|6:30:00 – 6:59:59 hours
|7:00:00 – 7:29:59 hours
|7:30:00 - 7:59:59 hours
|8:00:00 - 8:29:59 hours
|8:30:00 - 8:59:59 hours
|9:00:00 - 9:29:00 hours
|9:30:00 - 9:59:59 hours
|10:00:00 - 10:29:59 hours
|10:30:00 - 23:59:59 hours
Section 8 Availability of Service. Motivate makes every effort to provide the Service 365 days a year, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent Motivate from providing the Service. Access to the Service also is conditioned on the availability of Bike Chattanooga bicycles at each Station. Motivate does not represent or warrant the availability of any Service or the availability of any Bike Chattanooga bicycle at any Station. Member may use the Website to consult the inventory of Bike Chattanooga bicycles available at a Station.
Section 9 Directions for Using Service.
Section 9.1 Removing Bicycle.
Section 9.1(a) Removing Bicycle by Annual Member. Annual Members must insert their system key into the reader slot on the Bike Dock keyboard, to remove the Bike Chattanooga bicycle from the Bike Dock. After the system key has been inserted into the reader slot, the Annual Member has 15 seconds to remove the Bike Chattanooga bicycle from the Bike Dock. The signal light remains yellow during the validation of the Annual Member’s system key, and the signal light turns green when the Bike Chattanooga bicycle can be removed. Two sounds signals are also emitted. If the Bike Chattanooga bicycle is not removed within 15 seconds, the Bike Dock locks and the Annual Member must repeat the process described above.
Section 9.1(b) Removing Bicycle by Access Pass Rider. An Access Pass Rider must insert a credit card into the Pay Station and obtain a 5-digit code after completing the payment process. The Rider must then type the 5-digit code into the Bike Dock keyboard, to remove the Bike Chattanooga bicycle from the Bike Dock. After the 5-digit code has been entered, the Rider has 15 seconds to remove the Bike Chattanooga bicycle from the Bike Dock. The signal light remains yellow during the validation of the Rider's 5-digit code, and the signal light turns green when the Bike Chattanooga bicycle can be removed. Two sounds signals are also emitted. If the Bike Chattanooga bicycle is not removed within 15 seconds, the Bike Dock locks and the Rider must repeat the process described above. Each time a Rider would like to remove a new Bike Chattanooga bicycle from a Bike Dock, the Rider must insert a credit card into the Pay Station and obtain a new 5-digit code, to remove the next Bike Chattanooga bicycle.
Section 9.1(c) Removing a Bicycle by the Second Rider. An Access Pass Rider may remove up to two Bike Chattanooga bicycles on each credit card account, and Rider will be charged for the use of two Bike Chattanooga bicycles; however, at the Pay Station, the rider of the second bicycle must accept all terms and conditions of this Agreement.
Section 9.2 Returning Bicycle. To return the Bike Chattanooga bicycle, Member must secure it into an available Bike Dock. A sound signal is emitted, and the signal light turns yellow, then green, confirming that the Bike Chattanooga bicycle has been properly secured to the Bike Dock. If the Bike Chattanooga bicycle is not properly secured in the Bike Dock, then the signal light turns red, and a longer signal sound is emitted. If the signal light turns red, Member must repeat the operation until the signal light turns green, and the Bike Chattanooga bicycle is properly secured in the Bike Dock. If the signal light does not turn green, Member must return the Bike Chattanooga bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then Member must push the “Time Credit” icon on the Pay Station screen under the “More Options” menu. Annual Members must insert their system key at the Pay Station and Pass Riders must insert their credit card at the Pay Station, to obtain an additional 15-minute credit in which to return the Bike Chattanooga bicycle to another Station. No fee is charged to Member for the additional 15-minute credit. Any Bike Chattanooga bicycle that is not properly secured remains the sole responsibility of Member, and the hourly rates set forth in Section 4 will be charged until the Bike Chattanooga bicycle is properly secured.
Section 9.3 Obtaining Receipt. Member may print a receipt to confirm that the Bike Chattanooga bicycle has been properly returned to the Bike Dock. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip. To obtain a receipt, Member must push the “Rental Receipt” icon on the Pay Station screen under the “More Options” menu. Annual Members must insert their system key at the Pay Station and Pass Riders must insert their credit card at the Pay Station.
Section 9.4 Permitted Period of Continuous Use; Lost or Stolen Bicycle. Use of the Service is limited to a period of 24 consecutive hours (“Permitted Period of Continuous Use”). If Member maintains possession of the Bike Chattanooga bicycle beyond the Permitted Period of Continuous Use, then the Bike Chattanooga bicycle is deemed lost or stolen, Member’s credit card will be charged a fee of $1,000, and a police report may be filed with local authorities. Motivate will attempt to contact the Member (via telephone and email for Annual Members, and via only telephone for Pass Rider) before charging the credit card, by using the contact information provided by the Member upon subscribing, in an attempt to locate the Bike Chattanooga bicycle. The data generated by the Service’s computer is conclusive evidence of the period of use of a Bike Chattanooga bicycle by a Member. For any disappearance of a Bike Chattanooga bicycle where a Member is held responsible, the Member must report the disappearance to Motivate within 24 hours following the disappearance and must report the disappearance to the local police department within 48 hours. Any use that exceeds the Permitted Period of Continuous Use is deemed a disappearance of the Bike Chattanooga bicycle, until the Bike Chattanooga bicycle is found or returned to a Bike Dock.
Section 9.5 Lost or Damaged System Key. If Annual Member’s system key has been lost or damaged, a replacement may be purchased by calling 888-925-4415 or by emailing customerservice@BikeChattanooga.com and reporting that the system key has been lost or damaged. A replacement charge of $10 for the lost or damaged service key will be charged, and a replacement system key will be mailed to Annual Member’s mailing address of record.
Section 10 General Assumption of Risk by Member . Member agrees that riding a Bike Chattanooga 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. Member agrees that such risks, dangers, and hazards are Member's sole responsibility. Member agrees that if Member’s use of any Service causes 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 Bike Chattanooga bicycle, Member assumes all responsibility for all related risks, dangers, and hazards, and Member agrees that Motivate is not responsible for any injury, damage, or cost caused by Member with respect to any person or property, including the Bike Chattanooga bicycle itself. Member is solely and fully responsible for the safe operation of the Bike Chattanooga bicycle at all times. Member may need to take additional safety measures or precautions not specifically addressed in this Agreement.
Section 11 Prohibited Acts.
a. Member must not ride a Bike Chattanooga bicycle while carrying any briefcase, backpack, bag, or other item else, if it impedes Member’s ability to operate a Bike Chattanooga bicycle safely.
b. Member must not use any cellular telephone, text messaging device, portable music player, or other device that may distract Member from safely operating a Bike Chattanooga bicycle.
c. Member must not operate a Bike Chattanooga bicycle while under the influence of any alcohol, drugs, any medication or other substance that may impair Member’s ability to safely operate a Bike Chattanooga bicycle.
d. Member must not carry a second person on a Bike Chattanooga bicycle.
e. Member must not dock or lock any bicycle in any Station other than Bike Chattanooga bicycles
f. Member must not dismantle or modify a Bike Chattanooga bicycle in any way. This rule does not apply to the use of the seat height adjustment feature on Bike Chattanooga bicycles.
g. Member must not exceed the maximum weight limit for the Bike Chattanooga bicycle (260 pounds) or the cargo carrier (17 pounds), and Member must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
h. Member must not operate a Bike Chattanooga bicycle in extreme weather conditions, including snow, hail, and electrical storms, which make it more dangerous to operate a Bike Chattanooga bicycle. Member is advised to adjust Member's riding behavior and braking distance to suit the weather conditions.
i. Member must not allow others to use a Bike Chattanooga bicycle that Member has removed from a Bike Dock. Member understands that when Member removes from a Bike Chattanooga bicycle from a Bike Dock, it is to be used only by Member. Member must not transfer Member’s system key, 7-digit code on the system key, 5-digit code at the Pay Station or any other Account information to any other person.
Section 12 Additional Member Obligations.
a. Member agrees that Member is a safe and competent bicycle operator, is physically able to safely ride a Bicycle without a risk to the Member’s health, is knowledgeable about the operation of a Bicycle, and is knowledgeable about the laws pertaining to Bicycles operated within the City of Chattanooga. Like any physical activity, riding a Bike Chattanooga bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride Bike Chattanooga bicycle, Member assumes all responsibilities and risks for all such injuries or other medical conditions.
b. Member agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. Member agrees that before using a Bike Chattanooga bicycle, Member must conduct a safety inspection of the Bike Chattanooga bicycle, which includes inspecting 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) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Member agrees not to ride the Bike Chattanooga bicycle if Member notices any mechanical or other problem or safety issue, and Member agrees to promptly notify Motivate of all problems and issues and to use a different Bike Chattanooga bicycle. Member agrees to press the “Faulty Bike” button within 1 minute of docking a Bike Chattanooga bicycle that Member notices has any mechanical or other problem or safety issue.
c. Member agrees that Motivate does not provide or maintain infrastructure for riding Bike Chattanooga bicycles, and that Motivate does not guarantee that there will always be a safe place to ride a Bike Chattanooga bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. Member must not use a Bike Chattanooga bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
d. Member agrees that Motivate is not a common carrier. Alternative means of public and private transportation are available to the general public and to Member individually, including public buses and rail service, taxis, and pedestrian paths. Motivate provides Bike Chattanooga bicycles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bike Chattanooga bicycle on their own and who have agreed to all terms and conditions of this Agreement.
e. Member must return the Bike Chattanooga bicycle to a Station and must insert the Bike Chattanooga bicycle into a Bike Dock, within 24 hours from the time the Bike Chattanooga bicycle was originally removed from a Bike Dock. Member agrees that if the Bike Chattanooga bicycle is not returned to a Station and inserted into a Bike Dock within 24 hours, then the Bike Chattanooga bicycle is deemed missing or stolen, and Member does hereby authorize Motivate to charge Member’s credit card a $1,000 fee.
f. Member agrees to properly secure/lock the Bicycle in a location where temporary storage or parking of a bicycle is permitted by laws, rules and regulations of the of the City of Chattanooga when the Bicycle is not being ridden by You.
g. Member agrees that Motivate may require Member to return a Bike Chattanooga bicycle at any time.
h. Member agrees that access to the Service is denied to any person less than 16 years of age, whether or not accompanied by a parent or guardian. Minors who are at least 17 years of age may use the Service, but only if the Service is registered for by and under the responsibility of the minor’s parent or guardian; and, the parent or guardian is fully responsible and liable for all injuries, damages, and costs caused by the minor’s use of the Service.
i. Member must report to the police and to Bike Chattanooga Customer Service at 888-925-4415 soon as possible, but in no event later than 24 hours, after the occurrence of any of the following events: any crash, damage, loss, or personal injury while using a Bike Chattanooga bicycle; any vandalism; any stolen or lost Bicycle; and, any stolen or lost system key.
Section 13 Additional Fees. A Bike Chattanooga bicycle must be returned by the Member in the same condition in which it was rented. If the Bike Chattanooga bicycle is not returned to a Bike Dock within the Permitted Period of Continuous Use, then Member will be charged a fee of $1,000. If the Bike Chattanooga 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 Bike Chattanooga bicycle is not returned or is returned in a damaged state. Motivate will attempt to contact the Member via telephone and email before charging the Member's credit card, by using the contact information provided by the Member when subscribing to the Service.
Section 14 Helmets. All riders are encouraged to 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. Motivate does not represent or warrant the quality or safety characteristics of any helmet, and Member agrees that Motivate is not held liable for any injury suffered by Member while using the Service, whether or not Member is wearing a helmet at the time of injury.
Section 15 Credit Card Matters. You must input a valid credit card number and expiration date before You will be allowed to use the Service, and You do hereby represent and warrant that You are authorized to use the credit card (Motivate accepts only Visa or MasterCard). You do hereby authorize Motivate to charge Your credit card for all expenses incurred on Your Account, including all additional fees and repair charges. If you dispute any charge on Your Account, then you must contact Motivate within 10 days of Your receipt of Your statement containing the disputed charge. Annual Members have an on-going duty to update all changes relating to their credit card. A $0.01 authorization hold will be placed on a Member’s credit card when a Member signs up for the service for card verification purposes. If a Rider removes another Bike Chattanooga bicycle from a Bike Dock while the previous hold is still in effect, then an additional hold will not be placed on the Member’s credit card. If the Bike Chattanooga bicycle is returned within the 24-hour maximum period of allowed use, then the hold may be released within ten days, depending on the Member’s bank’s policies regarding holds. Motivate uses www.authorize.net (“Processor”) as Our transaction payment processor. The transmission of data to Processor and the approval of a credit card should take less than 10 seconds; however, a credit card might not allow for an overcharge/overdraft, which means that a Member’s transaction request could be denied. All denials of a transaction by a Member’s bank, all holds, and all other similar issues are the Member’s sole responsibility and should be dealt with between the Member and his or her bank. As required by applicable law, Motivate must and will take all necessary and reasonable steps to ensure that all data transmitted by Motivate is done safely, securely, and privately.
Section 16 Termination. Member may terminate Member's use of the Service at any time, and Annual Members may cancel Annual Member's Membership at any time; provided, however, that (i) no refund will be provided by Motivate, (ii) the term of this Agreement continues in accordance with Section 2 of this Agreement, (iii) the hold may remain on Member’s credit card account for up to 10 days, even if Member terminates Member's use of the Service, and (iv) Member may still be charged any applicable additional fees in accordance with Sections 7 and 13 of this Agreement.
Section 17 Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Tennessee, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Tennessee and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in the State of Tennessee; and (iv) the parties must submit the dispute to mandatory mediation held in the State of Tennessee. 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.
Section 18 Waiver. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this 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.
Section 19 Cumulative Remedies. All rights and remedies granted under or referred to in this 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. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This 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, Motivate may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use any Service after any amendment, modification, or change, Member has agreed to be bound by all such amendments, modifications, and changes. Member must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.
Section 21 Representations. Each party (“Promising Party”) represents and warrants to the other party that: (i) the Promising Party has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder; (ii) there is no contract or other legal obligation that prevents the Promising Party from entering into this Agreement or from undertaking or performing all of its duties and obligations hereunder; and (iv) this Agreement is the Promising Party’s legally binding and fully enforceable agreement.
Section 22 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” “Herein,” “hereunder,” and other similar terms refer to this Agreement as a whole and are not limited to the specific section on paragraph where they appear. Plural terms refer to all members of the relevant class, and singular terms refer to one or more members of the relevant class. All pronouns include the masculine, feminine, and neuter pronoun forms. All schedules and exhibits referred to herein are hereby incorporated by reference.
Section 23 Notices. You may contact Motivate by writing, calling, or emailing Motivate at the street address, telephone number, and email address listed below:
5202 3rd Avenue
Brooklyn, NY 11220
Customer Service: 888-925-4415
Section 24 Releases. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses(whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any Service, a Bike Chattanooga bicycle, Station, Bike Dock, or related information, including Member's use of any of the foregoing. In exchange for being allowed to use any Service, Bike Chattanooga bicycle, Station, Bike Dock, or related information, Member (acting for Member and for all of Member's agents, affiliates, representatives, successors, heirs, and assigns) does hereby (i) fully and forever release and discharge Motivate and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns (collectively, “Motivate and its Related Parties”) from all Claims that Member has or may have against Motivate and its Related Parties, except for Claims caused by Motivate's gross negligence or willful misconduct, and (ii) Member agrees to indemnify and hold harmless Motivate and its Related Parties from and against all Claims, except for Claims caused by Motivate's gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. Motivate and its Related Parties may plead such releases as a complete and sufficient defense to any Claim, as intended third beneficiaries of such releases.
Section 25 DISCLAIMERS. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOTIVATE AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION, WHICH ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST IN ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION, AND WE ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS, EXPENSES, PENALTIES, ATTORNEYS' FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST BICYCLE OR SYSTEM KEY.
Section 26 LIMITED LIABILITY. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT MOTIVATE AND ITS RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BIKE CHATTANOOGA BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. OUR TOTAL LIABILITY FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Section 27 City of Chattanooga - CARTA. With respect to Section 24 (Releases), Section 25 (Disclaimers), Section 26 (Limited Liability), and all other release, disclaimer, limitation of liability, indemnification, and hold harmless provisions set forth in this Agreement, the defined terms “Motivate”, “Our”, and “We” also include and mean the City of Chattanooga, CARTA and all of their respective elected and appointed officers, officials, employees, and agents.
Section 28 Confidentiality of personal and financial data and information. All personally identifiable information that is held by Motivate and pertains to Members, including all names, addresses, phone numbers, email addresses, and credit card numbers, will be kept confidential by Motivate; provided, however, that (i) if there is any accident where a Member is unable to communicate personal information to the appropriate authorities, then Motivate may, in its sole discretion, provide the Member’s name, address, phone number, and other important information to such authorities, (ii) if Motivate receives any subpoena from any court or other authority, then Motivate will provide all requested information in accordance with applicable law, which may include Member names, rental dates, rental locations, and rental durations (including starting rental times and ending rental times), and (iii) Motivate may disclose aggregate and other data about Members to the City of Chattanooga, including rental dates, rental locations, rental durations (including starting rental times and ending rental times), and latitude and longitude data for Member addresses (which would not allow any individual's address to be separately identified); and (iv) Motivate may disclose personally identifiable information of corporate sponsorship Members to their corporate sponsors, to the extent that the Member has consented to such disclosure.