RIDER should CAREFULLY READ all terms and conditions before entering this Agreement.
THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS.
BY USING THIS WEBSITE (“Website”), THE CDPHP Cycle!
1. PURPOSE OF AGREEMENT
This document constitutes the entire Agreement (“Agreement”) between (a) RIDER (“RIDER” or “You”) the person agreeing to license and use the bike (“Bike”), and (b) Capital District Transportation Authority d/b/a CDPHP Cycle!
2. GENERAL RENTAL AND USE OF BIKE: Agreements and Restrictions
2.1 RIDER is sole user: CDPHP Cycle!
expressly agrees to license use of the SERVICES, and the RIDER expressly accepts the license to use the SERVICES subject to the terms and conditions set out herein. CDPHP Cycle!
and the RIDER are the only parties to this Agreement. The RIDER is the sole licensee and is solely responsible for compliance with all terms and conditions contained herein.
2.2 RIDER is 18 or older: RIDER represents and certifies that RIDER is at least 18 years old. CDPHP Cycle!
is relying on RIDER’s representation. 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. In order to access the Services, You must be a registered user and download the App on a compatible, camera-enabled, personal mobile device, such as a smartphone or a tablet. You must also agree to be bound by CDPHP Cycle!
’s Liability Waiver and Release.
Account Registration and Credit Card. To register for an account ("Account"), You must provide CDPHP Cycle!
with your full name, mobile telephone number, and email address. You will also be required to provide CDPHP Cycle!
and/or its Payment Processors with valid credit card and payment information, including name, credit card number and expiry date and CVV, mailing address, email address and telephone number ("Billing Information"). The collection, use and disclosure of any personal information is governed by CDPHP Cycle!
Account Use. You agree that only you, the Account holder, are solely responsible for your Account and all CDPHP Cycle!
bicycles rented through your Account. Should You allow additional RIDERS to rent a Bike under Your Account, You acknowledge and warrant that any additional RIDERS will be subject to and accept these Terms and Conditions, and You will be responsible for any fees, fines, penalties assessed to those additional RIDERS.
2.3 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.
2.4 Bike is exclusive property of Drop Mobility: RIDER agrees that the Bike and any equipment attached thereto, at all times, remains the exclusive property of CDPHP Cycle!
RIDER will not make any modification to the Bike at any time.
2.5 Bike Operating Hours and Bike Availability: RIDER agrees that Bikes must only be used during the maximum time limits set forth in 2.6 below. Bikes are limited and Bike availability at any hub is never guaranteed.
2.6 MAXIMUM USAGE TIME AND CHARGES: Maximum time for use of the Bike is 24 hours. **RIDER understands that CDPHP Cycle!
is a hub to hub bike share service and no trip can end outside of a designated CDPHP Cycle!
hub. RIDER agrees that at the end of trip the RIDER will return the Bike to a designated CDPHP Cycle!
hub as identified in the app** OR **RIDER agrees that RIDER will return the Bike to a designated CDPHP Cycle!
Bike hub or a secure location within the service area as identified in the App** within 24 hours of time that usage of the Bike began. RIDER may then checkout the Bike again. RIDER agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return. RIDER understands that there are additional fees for ending trips outside of CDPHP Cycle!
’s hubs and service area. Bike Usage Charges are as articulated in the App or as in the RIDER’s chosen plan. Upon return of the bicycle, the RIDER will be charged the accumulated usage charges, or the maximum day charge; whichever is less. The maximum day charge is $120 and is based on a calendar day. Bikes returned and locked outside of the service area will be assessed a $100 out of service retrieval fee. Bikes not returned within 24 hours will be considered stolen, and RIDER may be charged $1,800. Applicable local and state sales tax of 8% are included in Rental and Replacement Charges. Fees. Your access to and use of the Services is subject to your payment of the applicable fees due for the Services selected by You ("Fees") and all other applicable amounts, charges and taxes indicated to You when you use the Service. CDPHPCycle!
may put a hold of $5 on your credit card, or $5 for pre-paid cards, for the rental period and this will be released as soon as You end the trip on the App. In certain cases it may take up to a couple days for the hold to be released depending on your bank. Fee Schedule:
1. Maximum usage (does not include additional fees when applicable) = $120
2. Trip ended out of service area = $100
3. Trip ended out of CDPHP Cycle!
hub = $2
4. Bike improperly parked or no end of trip photo provided = $5
5. Bike left unlocked = $5
6. Stolen vehicle recovery = $100
7. Lost vehicle due to theft or damage = $1,800
Payment. Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately using the Billing Information You provided. Receipts for purchased Services will be delivered to You electronically via the App or the email address You provided. You shall: (i) keep the Billing Information, accurate and up to date; otherwise, we may suspend or terminate your use of the Services; (ii) promptly email email@example.com if your Billing Information changes due to loss, theft, cancellation or otherwise; (iii) be liable for Your failure to pay any Fees billed to You by CDPHP Cycle!
caused by Your failure to provide CDPHP Cycle!
with up to date Billing Information. To offset its additional processing costs, CDPHP Cycle!
may charge You for administrative charges as set from time to time for administrative or account activities including: collection efforts due to non-payment or having a balance over Rider credit limit; or returned or rejected payments. All administrative charges charged to You will be indicated to You on Your invoice or receipt and You shall pay all such charges.
reserves the right to use other payment processors with notice to You.
You are responsible for obtaining the data network access necessary to use the Website, App and Services. Your mobile network’s data and messaging fees may apply if You access or use the Services from a wireless-enabled device. You are solely responsible for payment of all fees for such access and use.
To rent a bicycle using the Services, log in to your Account on the App to find available bicycles nearby. Go to the location of the CDPHP Cycle!
bicycle You wish to rent. Inspect the bicycle for any damage or defects. Use the App to unlock the bicycle. Applicable local and state sales tax of 8% are included in Rental and Replacement Charges.
2.7 Not a Common Carrier. RIDER agrees that CDPHPCycle!
is not a common carrier. Alternative means of public and private transportation are available to the general public and to the RIDER individually, including public transportation, taxis, ride hailing services and pedestrian paths. CDPHP Cycle!
’s SERVICE is offered as a convenience.
2.8 Bike may be used and/or operated only in the CDPHP Cycle!
system riding area: RIDER agrees to only use, operate and/or ride the Bike in the City of CDPHP Cycle!
system riding area. RIDER will not, under any circumstances, remove the Bike from the CDPHPCycle!
system riding area.
2.9 RIDER must follow rules of use and/or operation of Bike: RIDER agrees to follow all state and local laws, rules, and regulations pertaining to the use, riding and/or operation of bicycles in the CDPHP Cycle!
system riding area.
2.10 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.
2.11 RIDER’s use of front carrier/basket is limited: RIDER acknowledges that the front carrier/basket of the Bike is intended for light goods only, and that he/she will not carry people or animals in the basket or anywhere on the bicycle.
2.12 RIDER must report any accident, stolen or lost Bike, and RIDER agrees that he/she must immediately report an accident, or a stolen or lost Bike to CDPHP Cycle!
and Police. 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 any accident, stolen or lost Bike.
2.13 RIDER responsibility related to Bike use and damage: RIDER agrees to return the BIKE to CDPHP Cycle!
in the same condition received, ordinary wear and tear excepted. RIDER agrees to ensure that the Bike is always locked and secured when unattended. Bikes may be equipped with wire locks; however, CDPHP Cycle!
will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances, regardless of whether Bike locks are used or not properly functioning. RIDER agrees to pay for destruction or loss of Bike and for any damage, including replacement parts. (RIDER agrees to pay for any loss even though damage was caused by someone else). All repairs needed as a result of any damage, will be performed at the normal labor rates paid by CDPHP Cycle!
for repairs. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay CDPHPCycle!
the full replacement value of the equipment.
To end your rental, find a CDPHPCycle!
hub **or a secure location to park the bicycle where bicycle parking is permitted**. Use the "End Trip" button on the App to lock the bike. Take a picture of the parked and locked/tethered bike and upload it to CDPHP Cycle!
App. You will receive a rental summary confirming your pick-up location and time, drop-off location and time, and Fees owed for the rental.
3. ASSUMPTION OF RISK; WAIVER; LIMITATION OF LIABILITY AND COVENANT NOT TO USE
3.1 RIDER understands and acknowledges that there are inherent risks that are hazardous to RIDER when RIDER uses and operates a Bike, and that these risks may or may not be caused by the negligence of RIDER or CDPHP Cycle!
or of others, or by defective equipment owned, maintained, or controlled by CDPHP Cycle!
or a third party, and that no amount of care or caution that RIDER or CDPHP Cycle!
may use, and no amount of instruction or expertise on part of CDPHP Cycle!
, can eliminate these risks. RIDER is freely licensing and using a Bike, and RIDER is aware there is risk and hereby expressly assumes all risk associated with licensing, usage and operation of a Bike, whether or not the risk is known or unknown to RIDER, as well as the risk of travel to and from the Bike hub, and that all of the foregoing risks may result in injury or harm including without limitation personal injury, illness, death or disability; as well as possible damage or destruction of the Bike or RIDER’s personal property.
3.2 RIDER understands that the CDPHP Cycle!
does not provide insurance coverage for injuries incurred during the use of the SERVICE.
3.3 For and in consideration of the license to use and operate the Bike, to the fullest extent permitted by law, RIDER irrevocably and forever releases and relinquishes and discharges all Cities within the system riding area, CDPHP Cycle!
, Drop Mobility, Shared Mobility, Inc., all CDPHP Cycle!
Sponsors as well as owners of property upon or near which hubs are located (“Released Parties”) from any and all claims, liability, cause (s) of action and/or damage or personal injury including wrongful death, of or to RIDER or others (third parties) and injury to the property of others (third parties), which arises out of, results from or relates to this Agreement or the use or operation of the Bike (including usage that is permitted under this Agreement), misuse, maintenance, or design, of the Bike, the CDPHP Cycle!
program, and/or its website, including any and all claims, liability, cause(s) of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others (third parties). By this agreement RIDER covenants (promises) not to sue, and that RIDER will not bring, institute, prosecute, or in any way aid in the prosecution of any claim, demand, lawsuit, action, or cause of action against all Cities within the system riding area, CDPHPCycle!
, Drop Mobility, Shared Mobility, Inc., all CDPHP Cycle!
sponsors and any such claims, rights, and causes of action that RIDER or RIDER’s estate may have, are hereby irrevocably waived, released and relinquished, and RIDER does(do) so on behalf of RIDER’S heirs, executors, administrators and assigns.
3.4 RIDER EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES RELATED TO CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY OR LOSS OF LIFE, WHETHER CAUSED BY THE SOLE OR PARTIAL NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE NEGLIGENCE OF OTHERS, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OF EITHER PARTY OR OF A THIRD PARTY, OR ANY OTHER LEGAL THEORY, IN CONSIDERATION FOR USING AND/OR OPERATING THE BIKE. RIDERS HOMEOWNER’S, RENTER’S, OR AUTOMOBILE INSURANCE POLICIES MIGHT NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS DEVICE. TO DETERMINE IF COVERAGE IS PROVIDED RIDER SHOULD CONTACT THEIR INSURANCE COMPANY OR AGENT.
You must not do any of the following while using the Services:
1. Allow any minor to operate a [NETWORK] bicycle that is rented under your account;
2. Operate a CDPHP Cycle!
bicycle while distracted, including using a cellphone or other electronic device;
3. Operate a CDPHP Cycle!
bicycle while under the influence of alcohol, drugs or any other substance that would impair your ability to safely operate the bicycle;
4. Operate a CDPHP Cycle!
bicycle with any passengers or second RIDERs;
5. Dismantle, take apart, or modify in any way a CDPHPCycle!
6. Exceed the maximum weight limit for a CDPHP Cycle!
bicycle if indicated on the bicycle or communicated to You via the App; or
7. Engage in any behavior using the CDPHPCycle!
Services or bicycles that is reasonably expected to cause a risk of danger or harm to You, other people or property.
8. Leave the Bike in a hazardous location such as the side of freeway or onramp.
9. Park the Bike without locking to a secure object with the provided integrated cable.
10. Lock the Bike using a personal lock or lock a bike on private property or any other location inaccessible to the public.
Breach of any of the above will result in your immediate termination from the CDPHP Cycle!
4. GOVERNING LAW AND LEGAL RIGHTS.
4.1 This Agreement is made and executed in the State of NY This Release shall be subject to, and interpreted by and in accordance with the laws of the State of NY, regardless of any conflict of laws provisions.
4.2 RIDER expressly recognizes, and has had the opportunity to discuss with counsel of RIDER’s choosing, that this Agreement and the waiver, release of liability, indemnity and covenant not to sue and is a contract pursuant to which RIDER is a party, and that the contract is the law of the parties and has binding effect. RIDER expressly intends to enter into this Agreement, that RIDER does so voluntarily and of RIDER’s own free will.
5. THIRD-PARTY CONTENT
You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser, and You further acknowledge and agree that CDPHP Cycle!
shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials You choose to download, whether intentionally on unintentionally, from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
Links & Third-Party Websites.
The Website may contain links to other websites that are not owned or controlled by CDPHP Cycle!
In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by CDPHP Cycle!
of that third party, third party product or service. CDPHPCycle!
is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and/or services, and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) does not imply that CDPHP Cycle!
endorses or accepts any responsibility for the content or use of such websites, and You hereby release CDPHP Cycle!
from any and all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICES, CDPHP Cycle!
APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." CDPHP Cycle!
SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. CDPHP Cycle!
DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND CDPHP Cycle!
SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. CDPHP Cycle!
WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY YOU WITH A THIRD PARTY BY MEANS OF THE SERVICES.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL CDPHP Cycle!
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, CDPHP Cycle!
APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR BICYCLES (INCLUDING THIRD-PARTY USE OF YOUR ACCOUNT),(V) ANY MALFUNCTION OF THE APP OR SERVICES, INCLUDING ANY CYBER ATTACK; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR CDPHP Cycle!
APP, OR (VII) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF CDPHP Cycle!
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CDPHP Cycle!
’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS OR (B) AMOUNTS YOU’VE PAID CDPHP Cycle!
IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY [STATE] LAW. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND, AND HOLD CDPHP Cycle!
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH (I) YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICE OR BICYCLES RENTED UNDER YOUR ACCOUNT; (II) YOUR BREACH OF ANY OF THESE TERMS; OR (III) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES. Termination. CDPHP Cycle!
(including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by You to CDPHP Cycle!
) (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by CDPHP Cycle!
in its sole discretion and that CDPHP Cycle!
shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination Your use or access to Services by CDPHP Cycle!
shall be in addition to any and all other rights and remedies that CDPHP Cycle!
Availability & Updates. CDPHP Cycle!
may alter, suspend, or discontinue the Website at any time and for any reason or no reason, without notice. The Website, Services and/or CDPHP Cycle!
App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. You acknowledge that You shall not be entitled to any claim, damages, or recourse against CDPHP Cycle!
related to the unavailability of the Website or App. CDPHP Cycle!
may periodically add or update the information and materials on this Website without notice. Security. Information sent or received over the Internet is generally unsecure, and CDPHP Cycle!
cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the Services, and You are responsible for any activities or actions taken under your password. You agree to keep Your password secure. CDPHPCycle!
will not be liable for any loss or damage arising from Your failure to comply with these requirements.
’s prior written consent.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the CDPHP Cycle!
App or Services, please contact us at: info@CDPHPcycle.org
Effective Date: June 7, 2023