Metro Bike Share Bicycle Rental Agreement, Waiver of Liability and Release
In consideration of Rider’s use of any of the Services (defined below) provided by Bicycle Transit Systems, Inc. (“BTS”), operator of Metro Bike Share Bike Share, BTS requires that You (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Bicycle Rental Agreement, Waiver of Liability, and Release (“Agreement”). The “Services” provided by BTS are composed of several elements, including (1) Metro Bike Share bicycle stations (“Stations”), (2) automated pay stations (“Pay Stations”), (3) separate stands that allow the docking of Metro Bike Share bicycles (“Bike Docks”), (4) Metro Bike Share bicycles (“Bike” or “Bikes”), and (5) all related equipment, personnel, and information.
You should CAREFULLY READ all terms and conditions before entering into this Agreement.
1 GENERAL RENTAL AND USE OF BIKE.
1.1 Rider is sole user: BTS expressly agrees to let, and the Rider expressly agrees to take on, rental of the Bike subject to the terms and conditions set out herein. BTS and the Rider are the only parties to this Agreement. The Rider is the sole lessee and is solely responsible for compliance with all terms and conditions contained herein.
1.2 Rider is 16 or older: Rider represents and certifies that Rider is at least 16 years old. If Rider intentionally or unintentionally misrepresents his/her age, Rider accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such misrepresentation.
1.3 Minors who are at least 16 years of age may use Metro Bike Share, but only if the service is subscribed for by and under the responsibility of the minor’s parent or legal guardian. By authorizing use of the service by a minor, the parent or legal guardian agrees s/he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Service and guarantees, represents, and warrants: (i) the parent’s or legal guardian’s; and (ii) the minor’s acceptance of and agreement and compliance with all terms and conditions of this Agreement as a Rider.
1.4 Rider is a competent bike operator: Rider represents and certifies that he/she is familiar with the operation of the Bike, and is reasonably competent and physically fit to ride the Bike. By choosing to ride a Bike, Rider assumes all responsibilities and risks for any injuries or medical conditions.
1.5 Bike is exclusive property of the Los Angeles County Metropolitan Transportation Authority: Rider agrees that the Bike and any equipment attached thereto, at all times, remain the exclusive property of the Los Angeles County Metropolitan Transportation Authority. Rider will not make any modification to the Bike at any time.
1.6 Bike Operating Hours and Bike Availability: Rider agrees and acknowledges that the Bikes are available 24 hours a day, 7 days/week, 365 days per year, except in the case of events outlined in section 4.6. Bikes must be rented within the maximum rental time limits set forth below. Bikes are limited and Bike availability at any Station is never guaranteed.
1.7 Bike may be used and/or operated only in the City of Los Angeles: Rider agrees to only use, operate and/or ride the Bike in the City of Los Angeles. Rider will not, under any circumstances, remove the Bike from the City of Los Angeles.
1.8 Rider must follow rules of use and/or operation of Bike: Rider agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, including all state and local laws and the rules and regulations pertaining to bicycles in the City of Los Angeles.
1.9 Bike is intended for only limited types of use: Rider agrees that he/she will not use the Bike for racing, mountain bike riding, stunt or trick riding. Rider agrees that he/she will not operate and/or use the Bike on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees that he/she will not use the Bike for hire or reward, nor use it in violation of any law, ordinance or regulation.
1.10 Rider’s use of front carrier/basket is limited: Rider acknowledges that the front carrier/basket and back basket of the Bike is intended for light goods only, and that he/she will not carry people or animals anywhere on the bicycle.
1.11 Rider reporting: Rider must report any accident, crash, damage, personal injury, stolen or lost Bike, or stolen or lost Metro Bike Share TAP Card to BTS immediately or as soon as possible. If a crash involves personal injury, property damage, or a stolen Bike, Rider shall file a report with the Los Angeles Police Department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bike and/or Metro Bike Share Pass.
1.12 Rider responsibility related to Bike use and damage: Rider agrees to return the Bike to BTS in the same condition in which it was rented. Rider will not be responsible for normal wear and tear. Rider agrees to ensure that the Bike is never left unattended when not securely docked in a Station. BTS will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances. Rider agrees to pay for destruction or loss of Bike and for any damage, including replacement parts incurred directly or indirectly associated with the use of Rider’s pass. All repairs needed as a result of any damage will be performed at the normal labor rates. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, Rider agrees to pay BTS the full replacement value of the equipment ($1,000.00).
1.13 If Rider has lost or damaged their pass, Rider may request a replacement by calling 844.857.BIKE (844.857.2453) or by emailing email@example.com and reporting that the pass has been lost or damaged. A replacement fee of $1 for the lost or damaged pass will be charged, and a replacement pass will be mailed to Rider’s mailing address of record.
2 PAYMENT AND FEES.
2.1 Rider may subscribe to the service on a monthly basis, or pay per ride. 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 BTS. BTS will charge the Rider’s credit or debit card the amount of the respective pass holder fee in effect on the date of subscription. In addition, a Rider may be charged usage fees as described in this Agreement. Monthly pass holder fees are listed on the website, www.bikeshare.metro.net.
2.2 Bike Rental Charges for walk-up passes are $3.50 per half-hour. Bike Rental Charges for Metro Bike Share Flex passes are $1.75 per half-hour. Bike Rental Charges for Metro Bike Share Monthly passes are $0 for the first half-hour and $1.75 for each half-hour thereafter of the same trip.
2.3 On the last day of each month, the total amount of chargeable trips (i.e., those trips in excess of 30 minutes) will be charged to Rider’s credit or debit card. Walk-up trips in excess of 30 minutes will be charged to the Rider’s credit or debit card after 24 hours. Actual times will depend on your financial institution.
2.4 Promo codes (discounts) are one-time offers and can only be redeemed at the time of initial pass purchase with Metro Bike Share. Promo codes may not be redeemed for pass renewal or re-enrollment. BTS 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.
2.5 Maximum Rental Time and Charges.
2.5.1 Maximum rental time is 24 hours. Rider agrees that Rider will return the Bike to a designated Metro Bike Station within 24 hours of time that rental of the Bike began. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return.
2.5.2 The maximum day charge is $84 and is based on a calendar day. After return of the bicycle, the rider will be charged the accumulated rental charges, or the maximum day charge; whichever is less. Bikes not returned within 18 hours will be considered lost or stolen, and Rider may be charged $1,000.00 and a police report may be filed.
2.6 Rider must input a valid credit or debit card number and expiration date before Rider will be registered to use the Service. Rider represents and warrants to BTS that Rider is authorized to use any cards Rider furnishes to BTS. Rider authorizes BTS to charge card for all fees incurred by Rider. If Rider disputes any charge on credit or debit card account, then Rider must contact BTS within 10 business days from the end of the month with the disputed charge, provide to BTS all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Rider agree to immediately inform BTS of all changes relating to card.
3 RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK.
3.1 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 (a) any of the Services, including any of the Bikes, Stations, Bike Docks, or related information, or (b) Rider’s use of any of the foregoing. “Released Persons” means, collectively, (i) BTS and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the City of Los Angeles, (iii) Los Angeles County Metropolitan Transportation Authority (iv) B-Cycle, LLC and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (v) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (vi) every holder of property on which is located a Station and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for Rider being allowed to use any of the Services, Bikes, Stations, Bike Docks, or related information, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended 3rd beneficiaries of such releases. Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of BTS and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.
3.2 Disclaimers. RIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT RIDER’S USE OF ANY OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION IS AT RIDER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO RIDER’S USE OF ANY OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, BTS AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, AND RELATED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND RIDER RELIES ON THEM SOLELY AT RIDER’S OWN RISK). BTS AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION. RIDER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, AND BTS AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO RIDER’S STOLEN OR LOST BIKE OR BIKE SHARE TAP PASS.
3.3 Limited Liability. RIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, BTS AND ALL OTHER RELEASED PERSONS 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) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, (C) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(E) RIDER’S FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BIKE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RIDER DOES 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 BTS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF BTS AND ALL OTHER RELEASED PERSONS 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 RIDER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.
3.4 Assumption of Risk by Rider. Rider is solely and fully responsible for the safe operation of the Bike at all times. Rider agrees that bicycles are machines that may malfunction, even if the Bike is properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Bike involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that BTS and all other Released Persons are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Bike itself.
4.1 Safety Check. Before each use of a Bike, Rider shall conduct a basic safety inspection of the 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. Rider agrees not to ride the Bike if there are any noticeable issues, and to immediately notify customer service to alert the BTS of any problems.
4.2 Lost or Stolen Bicycle. If a Bike is not returned within 18 consecutive hours, then the Bike is deemed lost or stolen, Rider’s credit or debit card may be charged a fee of $1,000.00, and a police report may be filed with local authorities. The data generated by the Service’s computer is conclusive evidence of the period of use of a Bike by a Rider. Rider must report Bike disappearance or theft to BTS immediately or as soon as possible. Rider must report disappearance or theft to the Los Angeles Police Department within 24 hours. BTS will consider timely reporting of a stolen or lost Bike when assessing any cost associated with Rider’s responsibility for the Bike.
4.3 Helmets; Safety. BTS 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. Rider agrees that none of BTS and its Related Parties, the City of Los Angeles, and/or Los Angeles County Metropolitan Transportation Authority are liable for any injury suffered by Rider while using the Service, whether or not Rider is wearing a helmet at the time of injury. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
4.4 Bicycle Routes. Rider agrees that BTS does not provide or maintain places to ride Bikes, and that BTS and the City of Los Angeles do not guarantee that there will always be a safe place to ride a Bike. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.
4.5 Limitations on Bike Rental. Rider agrees that BTS, the City of Los Angeles, and Los Angeles County Metropolitan Transportation Authority are 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. BTS, the City of Los Angeles, and Los Angeles County Metropolitan Transportation Authority provide Bikes 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 on their own and who have agreed to all terms and conditions of this Agreement.
4.6 Limitations on Availability of Service. BTS makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent BTS from providing the Service. Access to the Service is also conditioned on the availability of Bikes at each Station. BTS does not represent or warrant the availability of any Service or the availability of any Bike at any Station. Rider may use the Website to consult the inventory of Bikes available at a Station. Rider agrees that BTS may require Rider to return a Bike at any time.
5 Prohibited Acts.
Rider must not:
5.1 Ride a Bike while carrying any briefcase, backpack, bag, or other item if it impedes Rider’s ability to operate a Bike safely.
5.2 Use any cellular telephone, text messaging device, portable music player, or other device that may distract Rider from safely operating a Bike.
5.3 Operate a Bike while under the influence of any alcohol, drugs, any medication or other substance that may impair Rider’s ability to safely operate a Bike.
5.4 Carry a second person on a Bike.
5.5 Dock or lock any bicycle any place other than a Station.
5.6 Use any locking mechanism, other than the locking mechanism provided by BTS at the Bike Dock, to lock a Bike to a Bike Dock.
5.7 Violate any applicable federal, state, or local law, including those for bicycle riders.
5.8 Dismantle or modify a Bike in any way. (This rule does not apply to the use of the seat height adjustment feature on Bikes.)
5.9 Exceed the maximum weight limit for the front cargo carrier (5 pounds) and Rider must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
5.10 Operate a Bike in dangerous weather conditions, including snow, hail, and electrical storms, which make it more dangerous to operate a Bike. Rider is advised to adjust Rider’s riding behavior and braking distance to suit the weather conditions.
5.11 Allow others to use a Bike that Rider has removed from a Bike Dock. Rider understands that when Rider removes from a Bike from a Bike Dock, it is to be used only by Rider. Rider must not transfer Rider’s pass, 7-digit code on the pass, or any other unique Rider information to any other person.
6 Term and Termination.
6.1 The term of this Agreement begins when Rider first uses the Service, and the term ends 10 years after Rider’s last use of the Service; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after the later of (i) Rider’s last use of the Service, or (ii) the expiration of Rider’s pass.
6.2 At any time and from time to time, and without Rider’s consent, BTS may unilaterally terminate Rider’s right to use the Service, in BTS’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Service at any time; provided, however, that (i) no refund will be provided by BTS, (ii) the term of this Agreement continues in accordance with this Agreement, (iii) Rider 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 Rider’s right to use any of the Service, regardless of how the Agreement is terminated.
6.3 Within one year after a prior pass expires, Rider may renew its pass on the Website, under the “Member Login” heading. If the pass is not renewed within this period of time, then Rider may be required to (i) take certain actions to reactivate Rider’s old account, or (ii) create an entirely new account for a new pass. The pass, and the personal identification number and pass related thereto, are non-transferable and may be terminated if Rider breaches this Agreement, as decided by BTS in its sole discretion. If a pass is terminated for breach of this Agreement, then no refund is provided.
7 Confidentiality of Information.
The Los Angeles County Metropolitan Transportation Authority and any company that enters into a contract with the Los Angeles County Metropolitan Transportation Authority to operate a transit fare collection system (including BTS and subcontractors) is governed by and must conform to California Streets and Highways Code Section 31490 regarding users’ “personally identifiable information” which includes any information that identifies or describes a person including, but not limited to, travel pattern data, address, telephone number, email address, license plate number, photograph, bank account information, or credit card number.
The Los Angeles County Metropolitan Transportation Authority and BTS may not sell or otherwise provide to any other person or entity personally identifiable information of any person who subscribes to Metro Bike Share with the following exceptions and conditions:
7.1 The Los Angeles County Metropolitan Transportation Authority and BTS may, within practical business and cost constraints, store only personally identifiable information of a person such as, to the extent applicable, the account name, credit card number, billing address, vehicle information, and other basic account information required to perform account functions such as billing, account settlement, or enforcement activities. All other information shall be discarded no more than four years and six months after the billing cycle has concluded, the bill has been paid, and all toll or fare violations, if applicable, have been resolved. The Los Angeles County Metropolitan Transportation Authority and BTS shall make every effort, within practical business and cost constraints, to purge the personal account information of an account that is closed or terminated. In no case shall a transportation agency maintain personal information more than four years and six months after the date an account is closed or terminated.
7.2 The Los Angeles County Metropolitan Transportation Authority and BTS may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Absent a provision in the search warrant to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that his or her records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided.
7.3 A peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, when conducting a criminal or traffic collision investigation, may obtain personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as defined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 1524.2 of the California Penal Code.
7.4 The Los Angeles County Metropolitan Transportation Authority and BTS may publically release aggregated traveler information derived from collective data that relates to a group or category of persons from which personally identifiable information has been removed.
7.5 The Los Angeles County Metropolitan Transportation Authority and BTS, may utilize personal information when performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the system. This section, with respect to electronic transit fare collection systems, does not prohibit the sharing of data between transportation agencies for the purpose of interoperability between those agencies. A third-party vendor may not use personally identifiable information obtained under this subdivision for a purpose other than as described in this subdivision.
7.6 The Los Angeles County Metropolitan Transportation Authority and BTS may communicate, either directly or through a contracted third-party vendor, to subscribers about products and services offered by, the agency, a business partner, or the entity with which it contracts for the system, using personally identifiable information limited to the subscriber’s name, address, and electronic mail address, provided that the transportation agency has received the subscriber’s express written consent to receive the communications.
7.7 The Los Angeles County Metropolitan Transportation Authority and BTS may not use a nonsubscriber’s personally identifiable information to market products or services to that nonsubscriber.
8 Notice. BTS may be contacted by calling or emailing BTS at 1.844.857.BIKE (844.857.2453) or firstname.lastname@example.org.
9 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; and (iv) the parties must submit the dispute to mandatory mediation held in the State of California. 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.
10 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.
11 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.
12 Final Agreement; Modification by BTS. 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 Rider’s consent, BTS 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, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider 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, BTS will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
13 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not 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.
Rider Acceptance of Agreement
I certify that I am the Rider, I am 18 years old or over, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I certify that I am the Parent and/or Legal Guardian of the Rider, who is at least 16 years old, and I am 18 years old or over. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Service by the minor Rider.