E-mile Rental Agreement, Waiver of Liability and Release
1. GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider is Sole User.
E-mile and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle, the Vehicle must be used only by You. You must not allow any other persons to use a Vehicle that You have activated.
1.2 Rider is At Least 18 Years Old.
Rider represents and certifies that Rider is at least 18 years old. Persons under the age of 18 years old are prohibited from using or accessing the E-mile Services.
1.3 Rider is a Competent Vehicle Operator.
Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and that he/she is reasonably competent and physically fit to ride the Vehicle. This information may be updated periodically. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks, as more fully detailed in Section 15 of this Agreement, for any injuries or medical conditions, including death, as well as property damage, incurred while utilizing the E-mile Services. You are responsible for determining whether the conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous or hazardous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance in relation to all conditions, including, without limitation, the weather, visibility, surrounding environment and traffic conditions.
1.4 Vehicle is the Exclusive Property of E-mile
Rider agrees that the Vehicle and any and all equipment attached thereto, at all times, remain the exclusive property of E-mile. You must not dismantle, deface, write on, repair, or otherwise modify, a Vehicle, any part of a Vehicle or other E-mile equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or any other E-mile equipment, for any advertising or other commercial purpose without the express prior written consent of E-mile.
1.5 Vehicle Operating Hours and Vehicle Availability.
Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented within the maximum rental time limits set forth below. There is a finite number of Vehicles, and E-mile does not guarantee Vehicle availability
1.6 Vehicle May be Used and/or Operated only in.
Rider agrees to only use, operate, and/or ride the Vehicle in the fleet’s defined city limits.
1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle.
Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all applicable federal, state and local laws, including any rules and regulations pertaining to vehicles in the area where You are operating the Vehicle, including, but not limited to, any helmet laws. Rider also agrees to act safely, and with courtesy and respect toward others while using the E-mile Services.
1.8 Prohibited Acts.Rider agrees to the following:
E-mile advises against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to bring such an item onto a Vehicle, such item must fit snugly to Your body and not impede, in any way, Your ability to safely operate the Vehicle. You must not place objects on the handlebar of the Vehicle which in anyway interferes with your ability to properly and safely operate the Vehicle. While riding a Vehicle, You must not use any cellular telephone, text messaging device, mobile communications device, portable music player, or any other device that may distract You from safely operating the Vehicle or the use of which is otherwise prohibited by any applicable laws, rules or regulations. You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely or otherwise impair your judgment. Only one rider is permitted on a Vehicle at any time. No animals or pets are permitted to ride on a Vehicle. You may only use locking mechanisms provided by E-mile. You may not add another lock to the Vehicle or lock a Vehicle to anything. The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved, non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.
1.9 Vehicle is Intended for Only Limited Types of Use.
Rider agrees that he/she will not use the Vehicle for racing, mountain riding or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding) or in any location where the use of the Vehicle is prohibited, illegal and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any applicable law, rule, ordinance or regulation.
1.10 Weight and Cargo Limits.
You must not exceed the maximum weight limit for the Vehicle which is 300 lbs
No Tampering.
You must not tamper with; attempt to gain unauthorized access to; or otherwise use the E-mile Services other than as specified in this Agreement
1.12 Reporting of Damage or Crashes.
Rider must report any accident, crash, damage, personal injury or stolen or lost Vehicle to E-mile as soon as possible. Additionally, Rider must file a report with the local police department within 24 hours of (i) an incident involving personal injury or property damage; or (ii) the theft of a Vehicle.Rider agrees that he/she is responsible and liable for all claims, costs and expenses related to Rider’s use of the E-mile Services, including, but not limited to, any misuse, consequences, demands, causes of action, losses, liabilities, damages, injuries, deaths, property damage, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to (i) Rider’s use of a Vehicle; or (ii) a stolen or lost Vehicle.
1.13 Rider Responsibility for Vehicle Use and Damage.
Rider agrees to return the Vehicle to E-mile in the same condition in which it was rented, provided, however, Rider will not be responsible for normal wear and tear of the Vehicle.
1.14 Electric Vehicle.
The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle, including all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following: The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (depending on time, distance and speed), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety.) The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate at which the Vehicle will lose its charge is not guaranteed and may vary (i) based on several factors, including, but not limited to, road conditions, weather conditions and the Rider’s weight; and (ii) from Vehicle to Vehicle. It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and/or cease to operate at any time during Rider’s rental of the Vehicle, including prior to returning the Vehicle.
1.15 Insurance.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS OR DAMAGES INVOLVING A VEHICLE OR DAMAGE TO A VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.
2. PAYMENT AND FEES
2.1 Fees.
Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the pricing provided on the E-mile App or the E-mile Website. [If there is a conflict between the pricing provided on the E-mile App and the E-mile Website, the pricing provided on the E-mile Website shall govern. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by E-mile. E-mile will charge the Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.
2.2 Promo Codes.
Promo codes for discounts are one-time offers and can be redeemed only via the E-mile App. E-mile reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
2.3 Maximum Rental Time and Charges.
The maximum rental time for a Vehicle is 24 hours. Rider agrees that Rider will return the vehicle to the rental location form which Rider originally rented the Vehicle (the “Original Rental Location”). Rider may then rent the Vehicle again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return of the Vehicle. The maximum charge for a Vehicle per calendar day is $50.00 (the “Max Daily Charge”). After returning the Vehicle, Rider will be charged the lesser of (i) the accumulated rental charges for such rental period, or (ii) the Max Daily Charge. Vehicles not returned to the Original Rental Location within 48 hours will be considered lost or stolen, and (i) Rider may be charged up to $500.00; and (ii) a police report may be filed. E-mile may also charge an additional service fee of $75.00 per 24 hour period in excess of the in initial 24 hour rental period where the Vehicle is not lost or stolen.
2.4 Valid Credit Card or Debit Card.
To be registered to use the E-mile Services, Rider must provide E-mile with a valid credit or debit card number and expiration date. Rider represents and warrants to E-mile that Rider is authorized to use any credit or debit card Rider furnishes to E-mile. Rider authorizes E-mile to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by E-mile. If Rider disputes any charge on Rider’s credit or debit card account, then Rider must contact E-mile within 10 business days from the end of the month in which the disputed charge was incurred, and provide E-mile with all information necessary to identify such disputed charge, including, but not limited to, the date of the rental, the Original Rental Location and the approximate start and end times of the rental. Rider agrees to immediately inform E-mile of all changes relating to the card.
2.5 Pick Up Fees
If You are unable to return a Vehicle to the Original Rental Location, and You request that the Vehicle be picked up by E-mile staff, E-mile, in its sole discretion, may choose to charge You a pick-up fee up to $25.00 (the “Pick Up Fee”). If any Vehicle rented under Your account is abandoned without notice, You will be responsible for all rental fees until the Vehicle is recovered by E-mile and deactivated, in addition to any Pick Up Fee. All fees, including the Pick Up Fee, are subject to change.
2.6 Security Deposit
Upon renting a Vehicle, Rider will be charged a refundable security deposit in the amount of $50.00. Such security deposit will be refunded to the Rider upon the return of the Vehicle in same condition as when it was initially rented, normal wear and tear excepted.
3. ADDITIONAL TERMS OF USE.
3.1 Safety Check.
Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear or tear or any other visible and obvious mechanical issues or maintenance needs. Rider agrees (i) not to ride the Vehicle if there are any noticeable issues with respect to the foregoing; and (ii) to immediately notify E-mile customer service of any such issues.
3.2 Lost or Stolen Vehicle.
A Vehicle may be deemed lost or stolen if (i) the Vehicle is not returned within 24 consecutive hours of being rented; (ii) the Vehicle’s GPS unit is disabled (iii) the Vehicle is parked on unauthorized private property, in a locked area or in any other non-public space; or (iv) other facts and circumstances that suggest to E-mile in its reasonable, good faith determination that a Vehicle has been lost or stolen. E-mile and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances clearly suggest otherwise to E-mile in its reasonable, good faith determination. If E-mile deems a Vehicle lost or stolen, E-mile shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including, without limitation, (i) obtaining restitution and other appropriate compensation and damages; and (ii) filing a police report with local authorities. Rider agrees that the data generated by E-mile’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to E-mile immediately upon learning of such disappearance or theft.
3.3 Helmets; Safety
E-mile 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. E-mile and all other Released Persons (as defined in Section 15 of this Agreement) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that no Released Persons is liable for any injury suffered by Rider, including death, while using any of the E-mile 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 gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
3.4 Vehicle Routes.
Rider agrees that E-mile does not provide or maintain places to ride Vehicles, and that E-mile does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic or other hazards.
3.5 Limitations on Vehicle Rental.
Rider agrees that E-mile is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. E-mile provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who (i) are able and qualified to operate a Vehicle on their own; and (ii) who have agreed to all of the terms and conditions of this Agreement.
3.6 Limitations on Availability of E-mile Services.
E-mile makes every effort to provide E-mile Services 365 days per year, but E-mile does not guarantee that E-mile Services will be available at all times. Access to E-mile Services is also conditioned on the availability of Vehicles. E-mile does not represent or warrant the availability of any E-mile Services or the availability of any Vehicle at any time. Rider agrees that E-mile may require Rider to return a Vehicle at any time, and Rider agrees to do so.
4.1 Termination by E-mile.
E-mile may, in its sole discretion, unilaterally terminate Rider’s right to use the E-mile Services without notice or cause. Rider may terminate Rider’s use of the E-mile Services at any time; provided, however, that (i) E-mile is not required to provide any refund as a result of Rider’s termination; and (ii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement shall remain in full force and effect, in accordance with its terms and conditions, following any termination of a Rider’s right to use any of the E-mile Services regardless of whether E-mile, the Rider or a third party was responsible for terminating the use of the E-mile Services.
Notice.
E-mile may be contacted by emailing info@emilyeweb.com or by mail at: 1500 N. Halsted, #207, Chicago, IL 60642.
RIDER ACCEPTANCE OF AGREEMENTI
certify that I have read and expressly agree to the terms and conditions of the Section 15 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this Section 15 limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and I am reasonably competent and physically fit to ride the Vehicle; andI further certify that: I am the Rider I am at 18 years old or older I will wear a helmet where required to do so by law I will not ride a Vehicle with another occupant I will obey all traffic laws I will ride at my own risk I have read and expressly agree to the terms and conditions set forth in this Agreement.
Rider is solely responsible for any and all injury or damage caused by Rider’s use of the E-mile Services and/or any related equipment, that is part of, or related to the E-mile Services, regardless of whether such injury is caused to you or to others. Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for Rider’s use of the E-mile Services, including, but not limited to, all related risks, dangers and hazards associated with, or arising pursuant to, Rider’s use of the E-mile Services, and Rider further agrees that E-mile is not responsible for any injury, death, damage, harm or cost that you cause, or is otherwise related to, your use of the E-mile Services.