LAMA MOBILITY RENTAL, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF LAMA MOBILITY ELECTRIC SCOOTERS, ELECTRIC BICYCLES, AND STANDARD PEDAL BICYCLES (“LAMA EQUIPMENT”). IT CONTAINS RELEASES, DISCLAIMERS, ASSUMPTION OF RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES.
This Lama Mobility Rental, Release of Liability and Assumption of Risk Agreement (“Lama Agreement”) governs your use of Lama Equipment, the Lama Mobility Application (“Lama App”) and all related technology and services used in conjunction with a Lama Equipment or the Lama App (collectively referred to as “Lama Services”)
By using Lama Services, you are agreeing to all provisions of the Lama Agreement. If you do not agree to all of the provisions of the Lama Agreement, DO NOT USE LAMA SERVICES.
In addition, the Lama Agreement contains a RELEASE OF LIABILITY, ASSUMPTION OF RISK AND A MANDATORY BINDING ARBITRATION PROVISIONS THAT MAY ELIMINATE, LIMIT OR AFFECT YOUR LEGAL RIGHTS AND REMEDIES. BY USING LAMA SERVICES, YOU ARE AGREEING TO THESE PROVISIONS. If you do not agree to these provisions, DO NOT USE LAMA SERVICES.
GENERAL LAMA EQUIPMENT USE REQUIREMENTS
RESPONSIBILITY FOR YOU AND OTHERS THAT YOU ACTIVATE LAMA EQUIPMENT: By entering the Lama Agreement, You (“Rider”) are solely responsible for compliance with all terms of the Lama Agreement for You and all other individuals that You activate Lama Equipment on behalf.
HELMET USE RECOMMENDED: Lama Mobility recommends that Rider wear a Snell, CPSC, or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider assumes all risk of not wearing a helmet.
RIDER IS AT LEAST 18 YEARS OLD AND A COMPETENT RIDER: Rider represents and certifies that Rider is at least 18 years old and is familiar with the operation of a Lama Equipment. Rider further represents that Rider has reviewed all of the safety information provided by Lama Mobility and, prior to riding, will view all the tutorial videos and guides and assumes all risks of riding a Lama Equipment.
SAFETY CHECK: Before riding a Lama Equipment, Rider agrees to conduct a safety check of the Lama Equipment including inspecting the safe operation of the throttle, headlights, marker lights and brakes, the condition of the wheels and to look for any signs of damage, unusual wear or other problems with the electric scooter. If Rider is riding a bicycle (electric or standard pedal), Rider agrees to conduct a safety check of the Lama Equipment including inspecting the safe operation of the pedals, chain, throttle (if electric), headlights, marker lights and brakes, the condition of the wheels and to look for any signs of damage, unusual wear or other problems. Rider agrees not to ride the Lama Equipment if Rider notices any issues.
RETURN LAMA EQUIPMENT TO SAME LOCATION WHERE RIDE STARTED: Rider understands and agrees to return a Lama Equipment to the same location from where the Lama Equipment was removed to start the ride. Rider further understands and agrees that Rider will be subject to a penalty of the maximum full day rate plus a return fee of $100, if a Lama Equipment is not returned to the charging station where the Lama Equipment was located at the start of the ride.
PROPERLY SECURE SCOOTER WHEN RIDE IS PAUSED: When ride is paused, Rider agrees to properly secure Lama Equipment to a secure object using the Lama Equipment’s cable lock. Rider understands that a failure to secure the Lama Equipment may result in potential theft or damages that the Rider may be charged for as a result of not properly securing the Lama Equipment. Rider agrees to pay Lama Mobility the full value of the Lama Equipment (Electric Scooter – $800 each, Electric Bicycle – $800 each, Standard Pedal Bicycle – $550 each) if not returned, stolen or damaged beyond reasonable repair.
PROPERLY RETURN SCOOTER AND ELECTRIC BICYCLE TO CHARGING STATION AT THE END OF RIDE: Rider agrees to properly position scooter and/or electric bicycle in the charging station at the conclusion of a ride and secure the scooter and/or electric bicycle to the charging station by inserting the Lama Equipment’s cable lock through the attachment point on the charging rack. Rider understand that a failure to secure the Lama Equipment may result in potential theft or damages that the Rider may be charged for as a result of not properly securing the Lama Equipment. Rider agrees to pay Lama Mobility the full value of the Lama Equipment (Electric Scooter – $800 each, Electric Bicycle – $800 each, Standard Pedal Bicycle – $550 each) if not returned, stolen or damaged beyond reasonable repair due to Rider negligence.
PROPERLY RETURN BICYCLE TO BICYCLE RACK AT THE END OF RIDE: Rider agrees to properly position bicycle at the bicycle rack at the conclusion of a ride and secure the bicycle to the bicycle rack by inserting the Lama Equipment’s cable lock through the attachment point on the bicycle rack. Rider understand that a failure to secure the Lama Equipment may result in potential theft or damages that the Rider may be charged for as a result of not properly securing the bicycle. Rider agrees to pay Lama Mobility the full value of the Lama bicycle ($550 each) if not returned, stolen or damaged beyond reasonable repair due to Rider negligence.
RECHARGE BATTERY AS NEEDED: Rider agrees to monitor the battery charge status of the electronic Lama Equipment throughout the activation period and recharge the battery in a Lama Mobility charging station as needed. A Lama Equipment can be recharged at any available charging station, even if the charging station is not the one where the ride started. However, at the end of the ride, the Lama Equipment must be returned to the same charging station from where it was removed to start the ride.
APPLICABLE LAWS AND REGULATIONS: Rider agrees to comply with all State and local laws and regulations applicable to riders of electric scooters, including vehicular traffic laws and all applicable helmet laws.
NO RIDING UNDER INFLUENCE: Rider agrees not to operate a Lama Equipment while under the influence of any alcohol, drugs, medication, or other substance that may impair Rider’s ability to operate a Lama Equipment safely.
NO USE OF CELL PHONE: While riding a Lama Equipment, Rider agrees not to use any cellular telephone, text messaging device, portable music player, or other device that may distract Rider from operating the Lama Equipment safely.
NO OBJECTS ON HANDLEBARS: Rider agrees not to place any objects on the handlebars of a Lama Equipment while riding, and further agrees to use caution when carrying any objects or items that may affect balance or impair safe operation of a Lama Equipment.
USE BY ONE PERSON ONLY: Rider acknowledges that a Lama Equipment is designed for use by a Rider only. Rider agrees not to carry a second person on a Lama Equipment.
WEIGHT AND CARGO LIMITS: The maximum weight limit of 275lbs for the Lama Equipment must not be exceeded.
REPORTING INCIDENTS: Rider must report any accident, crash, damage, personal injury or property damage to Lama Mobility as soon as possible.
DAMAGE TO ELECTRIC SCOOTER: Rider agrees that he/she is responsible and liable for any damage to a Lama Equipment caused by misuse or inappropriate riding.
ADDITIONAL INSTRUCTIONS FOR PROPER OPERATION:
- Follow all traffic laws
- Always use both hands-on handlebars while riding;
- Always keep both feet on the footboard while riding a scooter;
- Always keep a proper lookout, and avoid cars and pedestrians;
- Watch for obstacles, uneven surfaces and avoid wet or icy locations;
- Always ride in the direction of traffic;
- Ride on paved surfaces only;
- Always ride defensively;
- Use bell to alert unsuspecting cars or pedestrians;
- Never do tricks, jumps or other stunts; and
- Do not listen to headphones while riding.
ASSUMPTION OF RISK
Rider understands that riding a Lama Equipment is INHERENTLY DANGEROUS, and involves risks, dangers and hazards that may cause SERIOUS PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE and that injuries are a common and ordinary occurrence. Risks include, but are not limited to:
- Collisions with Cars and Trucks;
- Collisions with Pedestrians;
- Lama Equipment or its component(s) malfunction;
- Road, path and/or terrain conditions;
- Weather conditions;
- Fixed objects;
- Failure to follow applicable laws, regulations and rules regarding use and/or operation of a Lama Equipment;
- Failure to comply with all Lama Equipment Use Requirements set forth above; and
- Failure to wear a helmet.
Rider Assumes All Risks, Dangers and Hazards Relating to Riding a Lama Equipment. Rider further acknowledges that the risks of Riding a Lama Equipment can be greatly reduced by complying with all Lama Equipment Use Requirements above and riding a Lama Equipment in a careful and cautious manner.
PRICING AND PAYMENT: You may use our Services on a per-ride and/or subscription basis (where subscriptions are available). Some rides may have a minimum fee in addition to any applicable start/unlock fee. Before you start a ride, you will see the applicable fees (example: start/unlock fee, per minute fee, and/or minimum/maximum fee). Our pricing includes taxes (sales/value added) and other applicable governmental charges.
We may put a temporary hold on your debit/credit card account before you start a ride to verify your payment information is still valid and/or to verify your debit/credit card has the necessary funds to cover the fees incurred for that ride. Pre-authorization is not a charge to your account; it is a hold on those funds. Pre-authorizations can reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. You should contact your bank or card issuer if you have questions about when a pre-authorization amount will be removed from your statement.
Fees and charges will be charged to a payment method in your account. We will automatically charge and withhold the applicable taxes as required by law. All payments to us are made through a third-party payment processor.
If your payment method expires and you do not update your information or you 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.
If you disagree with any charges we have made to your account, you must let us know via email or using the chat feature within the app within 10 business days from the end of the month in which the disputed charge took place. To resolve any disputed charges, we will need certain trip information, including the date and approximate start and end times of your trip. As a policy, except to the extent required by applicable laws, we do not offer refunds for your use of our Services, and any exceptions to this policy are in our sole discretion.
RELEASE OF LIABILITY
In exchange for Rider being allowed to use Lama Services, Rider Agrees to Release, Indemnify, and Hold Harmless Lama Mobility, LLC, Property Owner and Property Management Company where the Lama Equipment was located and all of their affiliated companies, owners, managers, employees, contractors, officers, directors, shareholders, agents, representatives, successors and/or assigns, from (i) all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys’ fees and court costs) arising out of or in connection with your use of Lama Services and (ii) any liability resulting from personal injury to Rider, including death, or damage to property which is caused by Negligence, Strict Liability, Breach of Any Express or Implied Warranty, Breach of Contract and all Related or Similar Claims arising out of or in any way related to use of Lama Services. This Release is intended to be a general and complete release of all Claims. However, nothing in this release should be construed as waiving any claims Rider may have for conduct that constitutes gross negligence, or greater than ordinary negligence.
INITIAL DISPUTE RESOLUTION: If a dispute arises out of this Agreement, and/or the use of Lama Services, Rider and Lama Mobility agree to use their best efforts to try to resolve or settle any dispute through good faith negotiations including through mediation, which can be requested by Rider or Lama Mobility.
BINDING ARBITRATION: If the parties do not resolve or settle any dispute through the Initial Dispute Resolution process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Such binding arbitration shall be administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under applicable commercial arbitration rules for JAMS (or the mutually agreed upon arbitration service). The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
LOCATION: The arbitration will take place in Montgomery County, Maryland, unless another location is agreed to by Lama Mobility.
CLASS ACTION WAIVER: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. RIDER AND LAMA MOBILITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.