BEAM BIKE CORP.
Pedal-Assist Bicycle Rental Agreement (the “Rental Agreement”)
For purposes of this Agreement, the term “You” refers to the renter and rider of the Bicycle, unless the rider of the Bicycle is a minor of at least 16 years of age, in which case, “You” refers to both the minor rider of the Bicycle and the Parent or Legal Guardian who is signing or agreeing on behalf of the minor rider of the Bicycle who are both bound by all terms and agreements contained herein. No one under the age of 16 may ride a Beam/Joco Bicycle.
In consideration of Your use of any of Bicycles or other Services provided by Beam Bike Corp./Joco (“collectively referred to as Beam”) and the payment of all amounts owed for using Bicycles and other services, You (“Renter”, “You”, or “Your”) (acting on behalf of Your family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Rental Agreement. In order to rent a pedal-assist bicycle, You must also agree to the terms of the Liability Waiver, Release, Indemnification, and Voluntary Assumption of the Risk (“Release”). The Beam “Services” include (1) Bicycle docks (“Bike Docks”) in various parking lots or other premises (“Stations”), (2) Beam electric pedal-assist Bicycles (“Bicycles”), and (3) the Beam website available at ridejoco.com
and (4) all related equipment, personnel, and information.
You hereby consent to receive communications from Beam, and understand that your standard carrier fees may apply to these communications.
Use of Bicycle.
You must use the Bicycle and other Beam Services in accordance with all State, City and local laws and rules, and must return Bicycle to the same docking location you picked it up from. When returning a Bicycle, you must dismount and walk the Bicycle through any private premises such as parking garages to access available docks.
You represent and certify that you are at least 18 years old. You agree to these terms only in your individual capacity, and not on behalf of anyone else.
Bicycle Safety Inspection.
- You may not ride a Bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to safely operate the Bicycle.
- You may not use or wear any cellular telephone, tablet, laptop, text messaging device, portable music player, or other handheld or other device that may distract You from safely operating a Bicycle.
- You may not operate a Bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Bicycle.
- Each Bicycle is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) using a Bicycle or in the basket.
- You may not use any locking mechanism, other than the locking mechanism provided in the Stations or on the Bicycle, to immobilize a Bicycle or lock a Bicycle to a Station. Bicycles must be returned to available docking stations at the conclusion of a ride.
- You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for bicycle riders.
- You may not modify, dismantle, write on, or otherwise alter or deface a Bicycle or any part of a Bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. You may not use a Bicycle for any advertising or similar commercial purpose.
- You may not attach anything to a Bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles.
- You may not exceed the maximum weight limit for the Bicycle (275 pounds) or the basket (11 pounds), and You may not otherwise use the basket improperly with regard to type of contents or any visual obstruction or riding impediment. You understand the basket is not a child seat.
- You may not operate a Bicycle in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it more dangerous to operate a Bicycle. You must limit or adjust Your riding behavior and braking distance to suit the weather and road conditions, and You must promptly act in a safe manner and, if it would be necessary and prudent to do so, return Your Bicycle to an available Bike Dock or engage the on¬board lock (if any). These limitations and restrictions apply even though Beam has made Bicycles available because changing weather conditions can occur quickly and are beyond Beam’s control.
- You may not allow others to use a Bicycle that You have rented. You understand that when You unlock a Bicycle or remove a Bicycle from a Bike Dock, the Bicycle may be used only by You.
- YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.
Before each use of a Bicycle, You must conduct a safety inspection of the Bicycle, which you acknowledge you are competent to do. This inspection shall include confirming that the tires have adequate pressure, the brakes are working properly and there are no issues that would impact the safe operation of the Bicycle. You may not ride the Bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Beam.
To return a Bicycle, You must secure it into an available Bike Dock in a Station. You will be solely responsible for any damage to a Bicycle you have rented. If you fail to return a Bicycle, the Bicycle is damaged beyond repair or otherwise lost or unavailable for further rental, you will be responsible for the entire cost to replace the Bicycle, which amount is $1750.00. If a Bicycle is not returned within 24 hours, you understand and acknowledge that a lost or stolen fee of $1750.00 will be charged to you.
Helmets and Safety.
Beam strongly recommends that you wear a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, which 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.
IN CONSIDERATON OF THE USE OF BEAM’S BICYCLES, EQUIPMENT, HELMETS (WHEN PROVIDED) OR OTHER BEAM SERVICES, YOU, FOR YOURSELF AND ALL OF YOUR PREDECESSORS, SUCCESSORS, HEIRS, ASSIGNS, AND/OR EXECUTORS (INCLUDING, IF APPLICABLE, A MINOR ON WHOSE BEHALF I AM AGREEING) HEREBY RELEASE AND FOREVER DISCHARGE BEAM/JOCO AND EACH OF THEIR PAST, PRESENT AND FUTURE RELATED ENTITIES, PARENTS, SUBSIDIARIES, DIVISIONS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS, ASSIGNS, HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS, OR ANY OTHER REPRESENTATIVES (COLLECTIVELY REFERRED TO AS “RELEASED PERSONS”), FROM ANY AND ALL PAST, PRESENT, AND FUTURE CLAIMS (INCLUDING CLAIMS OF PERSONAL INJURY OR DEATH), DEMANDS, RIGHTS, CAUSES OF ACTION, DAMAGES, LIABILITIES, OBLIGATIONS, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES OR COURT COSTS) WHICH YOU HAVE, HAD OR MIGHT ACQUIRE IN THE FUTURE AGAINST RELEASED PERSONS ARISING OUT OF OR RELATED TO YOUR USE (OR THE USE BY A MINOR ON WHOSE BEHALF I AM AGREEING) OF ANY BICYCLE, EQUIPMENT, HELMET OR OTHER BEAM SERVICES.
Assumption of Risk
Riding a Beam Bicycle or otherwise using Beam’s Services involve risks including personal injury, death or property damage, which can result from collisions with cars, fixed objects, or individuals, loss of control, road conditions, weather, conditions of the Bicycle and many other things. YOU UNDERSTAND THESE RISKS AND NEVERTHELESS AGREE THAT YOU ASSUME ALL RISK OF RIDING A BEAM BICYCLE, WEARING OR NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING AND GEAR AND OTHERWISE USING BEAM’S SERVICES.
You agree that, when using any of the Services, You might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.
You hereby agree to defend, hold harmless and indemnify Beam against any third party claims brought against Beam arising out of your use of a Beam Bicycle or other equipment. This agreement to indemnify includes, but is not limited to, the reimbursement of Beam for any attorneys’ fees, or other costs or expenses incurred by it to defend against such a third party claim.
You represent, warrant, and agree that You are a safe and competent bicycle operator, You are sufficiently fit and physically capable to safely ride a bicycle without any risk to Your health, You are knowledgeable about the operation of a bicycle, and You are knowledgeable about the laws pertaining to bicycles operated within the City of New York. LIKE MANY PHYSICAL ACTIVITIES, RIDING A BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES, DEATH, OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A BICYCLE, YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.
Limitation of Availability of Services
- You represent, warrant, and agree that Beam is not responsible for providing or maintaining bicycle lanes or any other place where You may ride bicycles, and that Beam and the other Released Persons do not guarantee that there will always be a safe place to ride a bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and routes designated for bicycles or electric pedal-assist bicycles, as applicable.
- You represent, warrant, and agree that Beam and the other Released Persons are not common carriers. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Beam provides bicycles only as a convenience and recreational activity, not as a public service, and such rental availability is intended to be used only by those persons who are able and qualified to operate a bicycle on their own and who have agreed to all terms and conditions of this Rental Agreement.
- You must report to Beam via email or a telephone call as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Bicycle, (ii) any vandalism of any of the Services, or (iii) any stolen or lost Bicycle.
Beam makes every effort to provide Bicycles and other Services every day; however, Beam does not guarantee that Bicycles and other Services will be available at all times, as force majeure events or other circumstances might prevent Beam from providing Bicycles and other Services from time to time. Access to Bicycles or other Services also is conditioned on the availability of Bicycles and available Bike Docks at each Station. BEAM does not represent or warrant the availability of any Services or the availability of any Bicycles or Bike Docks at any Station. You may use the app to check the inventory of Bicycles, however, you must call a JOCO representative to manually unlock a Bicycle for you.
Term and Termination.
The term of this Rental Agreement begins when You first access the Services, and ends 3 years after Your last use of the Services. You may terminate Your use of the Services at any time; provided, however, that (i) no refunds for any payments will be provided by Beam, (ii) the term of this Rental Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Rental Agreement is terminated.
You may contact Beam by writing, calling or emailing at the address listed below:
Beam Bike Corp., 660 Madison Avenue, Suite 2100, New York, NY 10065
tel: +1 (716) 562-6716 or +1 716-JOCO-716
Choice of Law; Dispute Resolution; Attorneys’ Fees.
This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of New York State, excluding principles of conflicts of laws. For every dispute regarding this Rental Agreement: (i) each party consents to the jurisdiction of the courts of New York State and agrees that those courts have personal jurisdiction over each party; (ii) venue must be in New York State; and (iii) the parties must submit the dispute to mandatory mediation held in New York State. 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.
Further, if Beam prevails in litigation against, or settles a dispute with, You to enforce its rights under this Rental Agreement, Beam, as applicable, shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, mediation or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Beam, as applicable, may be entitled.
No waiver of any breach of any provision of this Rental Agreement is a waiver of any other breach or of any other provision of this Rental Agreement.
Final Agreement; Modification by Beam.
This Rental Agreement and the Release contain the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement and the Release supersede all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, Beam may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause, and by continuing to use any Services after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.
If a court deems any provision of this Rental Agreement illegal or otherwise unenforceable for any reason, You agree that that provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties.
By signing up for a rental, or using any Beam Services, I certify that I am the person renting a Bicycle or am signing on behalf of a minor aged 16 or 17 years old who will be riding a Bicycle, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.