Last Updated: January 3, 2021
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES.
In consideration of Your use of any Wire services provided by Mobility Holdings, Inc (“Wire”), Wire requires that You (“Subscriber,” “Rider,” “You,” or “Your”) and Your family, heirs, agents, affiliates, representatives, successors, and assigns agree to all terms and conditions in this Wire Subscription Agreement, Waiver of Liability and Release (“Agreement”).
The services provided by Wire include, among other things, (1) Wire website, (2) Wire Electric Vehicles (“Vehicle” or “Vehicles”), (3) WireCare, (4) Local Delivery (“Delivery”), and (5) all other related equipment, personnel, services, applications, websites, and information provided or made available by Wire (collectively, the “Wire Services”).
Wire expressly agrees to let, and the Subscriber expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in United States dollars.
GENERAL SUBSCRIPTION AND USE OF VEHICLE
1. Sole User. Wire and the Subscriber are the only parties to this Agreement. The Subscriber is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You subscribe to a Vehicle, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have subscribed to.
2. 18 Years Old. Subscriber represents and certifies that Subscriber is at least 18 years old.
3. Competence. Subscriber represents and certifies that he/she is familiar with the operation of the Vehicle, is reasonably competent and physically fit to ride the Vehicle, and has reviewed the safety materials provided in print or Wire’s website. By choosing to ride a Vehicle, Subscriber assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
4. Property of Wire. Subscriber agrees that the Vehicle and any Wire equipment attached thereto, at all times, remain the exclusive property of Wire. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Wire 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 other Wire equipment, for any advertising or other commercial purpose without the express written permission of Wire.
5. Availability. Wire Services may only be available in select markets and for select time periods, in Wire’s discretion. Subscriber agrees that Wire may require Subscriber to return a Vehicle at any time. Wire may suspend Wire Services at any time.
6. Operating Area. Subscriber agrees not to use, operate, and/or ride the Vehicle in any no-ride zone.
7. Operating Laws. Subscriber agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Subscriber also agrees to act with courtesy and respect toward others while using Wire Services.
8. Prohibited Acts. Subscriber agrees to the following:
- Wire recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance, add extra weight, or impair safe operation of the Vehicle. If You choose to use such an item, You do so at your own peril; Wire recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.
- You must not place any objects on the handlebar of the Vehicle, such as backpacks or bags.
- While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
- 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.
- You must not carry a second person or child on a Vehicle.
- The Vehicle must not be placed in prohibited areas. The Vehicle cannot be placed on unauthorized private property, blocking the right of way, 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.
9. Intended Use. Subscriber 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 that is prohibited, illegal, and/or a nuisance to others. Subscriber agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
10. Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle (220 pounds unless otherwise indicated).
11. No Tampering; No Unauthorized Use. You must not tamper with, attempt to gain unauthorized access to, or otherwise use Wire Services other than as specified in this Agreement.
12. Reporting of Loss, Damage, or Crashes. Subscriber must report any accident, crash, damage, personal injury traffic violation, or stolen or lost Vehicle to Wire as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Subscriber shall file a report with the local police department within 24 hours. Subscriber 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 Vehicle.
- YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT
Traffic Violations and Enforcement. Subscriber agrees that traffic violations and related citations, fines or impound charges are at the risk and expense of the Subscriber. Subscriber agrees and acknowledges that Wire may cooperate with law enforcement to provide any information necessary as they may request or may otherwise be required.
13. Responsibility for Vehicle Use and Damage. Subscriber agrees to return the Vehicle to Wire in the same condition in which it was rented. Subscriber is responsible for the Vehicle during the entire subscription period, including safeguarding the vehicle at all times, and storing the vehicle securely overnight and when not in use. Subscriber will not be responsible for normal wear and tear. Subscriber should report any damage, malfunction or other functional impairment of the Vehicle through the maintenance request form. Wire will review the information you provide and may request additional information. After review, Wire may, in its discretion, offer to swap the Vehicle for another Vehicle or request return of the Vehicle, in which case it will schedule an appropriate drop-off & delivery time with Subscriber or provide a return shipping label. Wire reserves the right to charge Subscriber for damage to the Vehicle caused by Subscriber or others (including any vandalism), water damage, or theft, up to the value of the Vehicle plus administrative and processing fees.
14. Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Subscriber agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and 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 (over both time and distance), 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 rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
- It is Subscriber’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 Subscriber may operate the Vehicle before it loses charging power is never guaranteed.
- The Vehicle may run out of charging power and cease to operate at any time during Subscriber’s use.
15. Charging. Subscriber is responsible for charging the Vehicle using a charging cord approved by Wire to ensure the Vehicle has adequate battery capacity for Subscriber’s use.
- Subscriber agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to Subscriber charging or attempting to charge the Vehicle. By choosing to charge a Vehicle, Subscriber assumes full and complete responsibility for all related risks, dangers, and hazards, and Subscriber agrees that Wire and all other Released Persons are not responsible for any injury, damage, or cost caused by Subscriber with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
16. Delivery and Shipping. The rented Vehicle will either be delivered or shipped, at Wire’s discretion. For delivery, the Vehicle will be delivered at a permissible designated location on an available delivery date that You request, subject to availability and weather conditions. For shipping, the Vehicle will be shipped to the location provided by the Subscriber. Subscriber is solely responsible for accuracy of the address provided.
17. Fees. Fees for subscription shall be as specified on the Wire Website and are non-refundable. Fees will be charged at checkout and will continue on a recurring basis on a monthly basis beginning one month after the date the Vehicle is delivered until cancelled or otherwise terminated.
18. Lost or Stolen Vehicles. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned upon the expiration of the Subscription term; or (b) Wire otherwise has reasonable basis to believe the Vehicle may be lost or stolen. If Wire deems a Vehicle lost or stolen, Wire shall have the authority to take any and all actions it deems appropriate, including (without limitation) obtain restitution and other appropriate compensation and damages and filing a police report with local authorities. Subscriber agrees to report Vehicle disappearance or theft to Wire immediately or as soon as possible.
19. Referral and/or Promotional Codes. Wire may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on Wire Services or other features or benefits provided by Wire, subject to any additional terms that Wire establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by Wire; (iii) may be disabled by Wire at any time for any reason without liability to Wire; (iv) may only be used pursuant to the specific terms that Wire establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. Wire reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Wire determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
20. Valid Payment Method. To be registered to use Wire Services, Subscriber must provide Wire with a valid credit or debit card and expiration date. Prepaid cards are not accepted. Subscriber represents and warrants to Wire that Subscriber is authorized to use any credit or debit card or other payment method information Subscriber furnishes to Wire. By providing your payment method, You agree that Wire is authorized to charge You for your subscription (inclusive of activation fees) and any other fees incurred by Subscriber under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes.
- If Your payment method expires and You do not update your information or cancel your account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
- Subscriber agrees that Wire may, in its sole discretion, pay all traffic tickets, impound fees, fines and/or charges on Subscriber’s behalf directly to the appropriate authority or applicable party. If Wire is required to pay and/or process such fees or associated costs, Subscriber agrees that Wire may charge You for the amount Wire pays plus a reasonable administration charge for dealing with these matters; Wire will provide notice of any such costs or fees.
- In the event Wireuses a third party collection and/or administrative agent to resolve any tickets, damages, infringements of law or of this Agreement, fines and/or penalties, Subscriber agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
- If Subscriber disputes any charge on Subscriber’s payment method, then Subscriber must contact Wire within 10 business days from the end of the month with the disputed charge, and provide to Wire all information that is necessary to identify the disputed charge, such as the date of the receipt, cancellation, pickup, and/or shipping. Subscriber agrees to immediately inform Wire of all changes relating to the payment method.
- By subscribing, You have agreed to make automatic or recurring payments, such payments will continue until you cancel or your account is terminated. You can cancel by contacting us or from your online account. If you cancel, You may use any remaining balance on your account but may not be able to continue using Wire Services until you have reauthorized an applicable payment method. Wire may continue to charge your payment method for any additional fees or charges incurred under this Agreement.
21. Safety Check. Before each use of a Vehicle, Subscriber 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 other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert Wire of any problems.
22. Helmets. Wire recommends that all Subscribers wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Wire and all other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and Subscriber agrees that none of the Released Persons is liable for any injury suffered by Subscriber while using any of the Wire Services, whether or not Subscriber is wearing a helmet at the time of injury. Subscriber assumes all risk of not wearing a helmet or other protective gear. Subscriber may need to take additional safety measures or precautions not specifically addressed in this Agreement.
23. Vehicle Routes. Subscriber agrees that Wire does not provide or maintain places to ride Vehicles, and that Wire 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.
24. Limitations on Vehicle Rental. Subscriber agrees that Wire is not a common carrier. Alternative means of public and private transportation are available to the general public and to Subscriber individually, including public buses and rail service, taxis, and pedestrian paths. Wire provides Vehicles 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 Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
25. Termination. At any time and from time to time, and without Subscriber’s consent, Wire may unilaterally terminate Subscriber’s right to use Wire Services, in Wire’s sole discretion and without any notice or cause. Subscriber may terminate Subscriber’s use of Wire Services at any time; provided, however, that (i) no refund will be provided by Wire, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) Subscriber may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Subscriber’s right to use any Wire Services, regardless of how the Agreement is terminated.
27. License to Image and Likeness. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Wire and its 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 related to Your use of Wire Services, 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 Wire and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of Wire Services, 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 Wire may decide in its sole discretion, such 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.
28. Notice. Wire may be contacted by emailing firstname.lastname@example.org.
29. 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 California, 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 California and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Los Angeles, California.
30. Binding Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Wire and any other related party on an individual basis in arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against Wire, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Wire by someone else. You acknowledge and agree that you and Wire are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Wire otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Wire each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with FairClaims arising out of or relating to this agreement shall be held and will remain confidential, and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or Wire, or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, Wire or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and Wire. The parties agree to split all FairClaims fees evenly. You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court or other fees associated with such action. Notwithstanding any choice of law or other provision in this agreement, the parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and FairClaims Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and FairClaims Rules are found to not apply to any issue that arises under this arbitration clause or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
31. Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
32. Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Mobility Holdings, Inc., 19200 S. Reyes Ave, Rancho Dominguez, CA 90221. The notice must be sent within 30 days of the effective date or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Wire also will not be bound by them
33. Changes to this Section. Wire will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period. For any dispute not subject to arbitration You and Wire agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
34. Waiver and Severability. 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 provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
35. 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.
36. Final Agreement; Modification by Wire. 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 Subscriber’s consent, Wire may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any Wire Services after any amendment, modification, or change, Subscriber has agreed to be bound by all such amendments, modifications, and changes. Subscriber 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, Wirewill post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
37. Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
38. Voluntary Execution of this Agreement. This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Wire. Subscriber acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
39. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK. In exchange for Subscriber being allowed to use Wire Services, Vehicles, and other equipment or related information provided by Wire, Subscriber agrees to fully release, indemnify, and hold harmless Wire and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which Subscriber utilizes Wire Services, and every property owner or operator with whom Wire has contracted to operate Wire Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Subscriber’s use of Wire Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims. “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 attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, 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 Wire Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Subscriber’s use of any of the foregoing. To the fullest extent permitted by law, and as to Subscriber’s use of any Wire Services, Vehicles, or related equipment, Wire and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All Wire Services, Vehicles, and related equipment are provided “as is” and “as available,” and Subscriber relies on them at Subscriber’s own risk. Subscriber is aware that Subscriber’s use of any Wire Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Subscriber or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to: vehicles and other objects; pedestrians; traffic; Vehicle or component malfunction; road conditions; weather conditions; failure to follow applicable laws regarding use and/or operation of the Vehicle ; commission of any of the prohibited acts; failure to perform the required safety check; failure to wear a helmet where required by law; and negligent acts or omissions by Wire, any other Released Person, Rider, or third party. Subscriber is solely and fully responsible for the safe operation of Vehicle at all times. Subscriber agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Subscriber assumes full and complete responsibility for all related risks, dangers, and hazards. To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Wire, the Released Parties, any Municipality or any other party. Subscriber hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Subscriber does not know or suspect to exist in his or her favor at the time of use of Wire Services, and expressly waives Subscriber’s rights under any statutes that purport to preserve Subscriber’s unknown claims.
FOR CALIFORNIA RIDERS, PROPOSITION 65 NOTICE:
WARNING: This product can expose you to chemicals including chromium, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to: http://www.p65warnings.ca.gov.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions of Section 39 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section 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 am reasonably competent and physically fit to ride the Vehicle.
I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride a Wire with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.