Membership

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eBike Pass $5.00
20-minute ride + $0.30/per minute AFTER the first 20 minutes + $1 unlock service fee
Three Day $35.00
Unlimited rides up to 60 minutes for 3 days + Extra Time: $0.30 per minute after 60 minutes
Annual Membership 24 $120.00
Limited Time Offer: Unlimited 60 min rides. + Extra Time: $0.30 per minute after 60 minutes
MLGW Annual Members $150.00
This Membership is for MLGW Employees Only! Unlimited 60 min rides. + Extra Time: $0.30 per minute after 60 minutes
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EXPLORE BIKE SHARE
USER BIKE SHARING AGREEMENT

TERMS AND CONDITIONS, RIDER'S RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS.

RIDER should CAREFULLY READ all terms and conditions before entering this Agreement.

1. PURPOSE AND TERM OF AGREEMENT
1.1	This document constitutes the entire Agreement ("Agreement") between (a) RIDER, the person agreeing to use the bike ("Bike"), and (b) EXPLORE BIKE SHARE, INC., a Tennessee not-for-profit corporation ("EBS") owning and operating the bike-sharing system. 
1.2	The term for this Agreement shall begin when the RIDER accepts and agrees to this Agreement and shall terminate ten (10) years from the RIDER's last use of a BIKE.  Notwithstanding the foregoing, EBS shall have the right to unilaterally terminate the RIDER's right to use a Bike or any other good or service of EBS, with or without cause. This Agreement shall remain in full force and effect despite any such termination of the RIDER's right to the use of any Bike or other good or service of EBS.

2. GENERAL USE OF BIKE:  Agreements and Restrictions
2.1	RIDER is sole user:  EBS expressly agrees to let, and the RIDER expressly agrees to take on, use of the Bike subject to the terms and conditions set out herein.  EBS and the RIDER are the only parties to this Agreement.  The RIDER is the sole authorized user and is solely responsible for compliance with all terms and conditions contained herein.
2.2	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.
2.3	For minor RIDER over 16: Minors who are at least 16 years of age may use EBS, but only if the service is subscribed for by and under the responsibility of the minors parent or legal guardian. By authorizing use of the service by a minor, the parent or legal guardian agrees he/she is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor's use of EBS 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.
2.4	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.
2.5	Bike is exclusive property of EBS:  RIDER agrees that the Bike and any equipment attached thereto, at all times, remain the exclusive property of EBS. 
2.6	Bike Operating Hours and Bike Availability:  RIDER agrees and acknowledges that the Bikes are available 7 days/week, except as otherwise set forth herein.  Bikes must be rented within the maximum rental time limits set forth in 2.7 below.  Bikes are limited and Bike availability at any station is never guaranteed. 
2.7	MAXIMUM RENTAL TIME AND CHARGES:  Bike Rental Charges are $1.25 per 15 minutes or fraction thereof for the "Pay As You Go" plan.  The price of other plans vary and are each based on a maximum rental time of 60 minutes per single ride. RIDER agrees that RIDER will return the Bike to a designated EBS Bike Station within 60 minutes of the time the rental of the Bike began.  RIDER may then rent again. Rides longer than 60 minutes will incur an additional fee of $1.25 for each 15 minutes or fraction thereof.  RIDER agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return.  The maximum day charge is $75.00 and is based on a calendar day.  Upon return of the bicycle to a station, the rider will be charged the accumulated rental charges, or the maximum day charge; whichever is less. Rides completed with Bikes locked out of a station will be charged a $10 "out of station" fee. Exception: trips can end and Bikes locked to a fixed, publicly-accessible Bike Rack for a convenience fee of $1. (Sign posts, fence rails, and other objects not intended as Bike Racks are NOT considered Bike Racks; and Bikes left and locked to these objects will be assessed a $10 "out of station" fee.) Bikes that travel outside of service area will be charged a $25 "out of service area fee".  Bikes not returned to a designated station or publicly-accessible bike rack within 24 hours will be considered stolen, and RIDER will be charged $2,000.00 for replacement.  All membership purchases are subject to a credit card authorization hold of $1 to the credit/debit card used to ensure valid card. Applicable local and state sales tax of 9.25% are included in Rental and Replacement Charges. 
2.8	Bike may be used and/or operated only in the City of Memphis and limited surrounding area:  RIDER agrees to only use, operate and/or ride the Bike in the City of Memphis, Tennessee, which shall be deemed to include any area within five (5) miles of the City of Memphis, and the City of West Memphis, Arkansas.  
2.9	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 Memphis and, if RIDER is outside the city limits of Memphis, all state and local laws, rules, and regulations of the jurisdiction in which the Bike and RIDER are located.
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.  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.
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 agrees that he/she will not carry people or animals anywhere on the bicycle.
2.12	RIDER may not attach anything to Bike:	RIDER may not attach anything to a Bike, including but not limited to baskets, cup-holders, electric drives, child seats, trailers, or tandem bicycles. 
2.13	Bikes are for one RIDER only:   RIDER may not operate the Bike with or carry or otherwise propel another person.
2.14	Bike may not be modified:  RIDER may not modify, dismantle, write on, or otherwise alter or deface a Bike or any part of a Bike in any way. RIDER may not write on, peel, or otherwise modify or deface any sticker on a Bike in any way. Any violation of this prohibition shall be construed by EBS as a partial or complete destruction of the Bike, and RIDER shall be charged the costs of repair or replacement up to $2,000.
2.15	RIDER must not use Bike if impaired: RIDER agrees that he/she will not, under any circumstances, use, ride and/or operate the Bike if he/she has consumed, ingested, or used alcohol or drugs.
2.16	RIDER must ride responsibly: RIDER agrees that his/her use of the Bike will be done in a responsible, conscientious manner, including the use, as appropriate, of a helmet and/or other protective gear, and without wearing or using any device (e.g. cellular telephone, headphones, etc.) that may distract the RIDER or impede his/her ability to maintain safe lookout.  
2.17	RIDER responsibility to examine Bike: RIDER agrees to carefully inspect the Bike he/she wishes to ride prior to riding the Bike, and shall, while within 15 feet of the place of rental, test the Bike's operating components including but not limited to: the chain, brakes, pedals, lights, tires, frame and seat.  This is not intended to be an extensive or exhaustive list. RIDER agrees, prior to operating the Bike, that he/she will notify EBS if there appear to be any issues with the Bike, and if RIDER rides any Bike that RIDER that later determines is not operating properly, RIDER will immediately stop riding the Bike, return the Bike and notify EBS. RIDER should adjust seat height to fit their body frame prior to operating the Bike.
2.18	Effect of RIDER use of locking mechanisms:  RIDER may not use a locking mechanism other than the locking mechanism provided as part of the Bike to secure the Bike at an EBS station, publicly-accessible bike rack, or geo-fenced location.  Riders with a current 24-hour Pass or an EBS membership are encouraged to use the locking mechanism when making brief stops during his/her continuing use of the Bike with the knowledge that a $1convenience fee will be assessed.  In this case, any locking of the Bike by RIDER outside of an EBS station shall be construed not to be a return of the Bike, but a continuing use of the Bike by RIDER; however, a $1 convenience fee will be assessed.  The effect of locking a bike is the end a current 60-minute ride, regardless of actual time used.  Any bike locked outside of an EBS bike station or geo-fenced location and not returned to an EBS station will cause the last RIDER of record to incur additional charges, including convenience fees, out of station fees, out of service area fees, or the potential replacement cost of the bike.
2.19	RIDER use of Bike under adverse riding conditions: RIDER acknowledges and agrees that EBS may, based on adverse weather conditions, including but not limited to wet, slick, icy, or other roads, in its sole discretion, disable the Bike and bike sharing system from time to time.  Notwithstanding the foregoing, RIDER agrees and accepts that it is his/her sole responsibility to determine whether the riding conditions are safe, and RIDER is solely responsible for determining whether or not to operate a Bike under any adverse or abnormal weather conditions.
2.20	RIDER must report accident, stolen or lost Bike and/or EBS Membership Card:  RIDER agrees that he/she must immediately report an accident, or a stolen or lost Bike to EBS and the police or other law enforcement agency in whose jurisdiction any such accident, theft, or loss occurred.  Stolen or lost membership cards will be reported to EBS.  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 EBS Membership Card.
2.21	RIDER responsibility related to Bike use and damage:  RIDER agrees to return the BIKE to EBS in the same condition received, ordinary wear and tear expected.  RIDER agrees to ensure that the Bike is always locked and secured when unattended.  EBS 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.  In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay EBS the full replacement value of the equipment at $2,000.

3.	WAIVER AND/OR LIMITATION OF LIABILITY

3.1	RELEASE FROM LIABILITY: FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE BIKE, RIDER SPECIFICALLY FOREVER RELEASES AND RELINQUISHES AND DISCHARGES EBS, B-CYCLE, LLC, THE CITY OF MEMPHIS, THE CITY OF WEST MEMPHIS, ALL EBS SPONSORS, FUNDERS, EMPLOYEES, DIRECTORS, MEMBERS, AND OTHER AGENTS, AS WELL AS OWNERS OF PROPERTY UPON OR NEAR WHICH STATIONS ARE LOCATED ("RELEASED PARTIES") FROM ANY AND ALL CLAIMS, LIABILITY, CAUSE(S) OF ACTION AND/OR DAMAGE OR WRONGFUL DEATH, INJURY TO OTHERS AND/OR THIRD PARTIES, WHICH ARISE OUT OF, RESULT FROM OR RELATE TO THIS AGREEMENT; THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE BIKE; THE EBS 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.  BY THIS AGREEMENT ANY SUCH CLAIMS, RIGHTS, AND CAUSES OF ACTION THAT RIDER (AND RIDER'S LEGAL GUARDIAN(S), IF APPLICABLE) MAY HAVE ARE HEREBY WAIVED, RELEASED AND RELINQUISHED, AND RIDER (AND GUARDIAN(S), IF APPLICABLE) DOES/DO SO ON BEHALF OF RIDER'S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS.
3.2	INDEMNITY: RIDER EXPRESSLY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS RELEASED PARTIES 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 EBS 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.
3.3	WAIVER OF RIGHTS: RIDER VOLUNTARILY AGREES, UNDERSTANDS AND RECOGNIZES THAT RIDER WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST RELEASED PARTIES ARISING OUT OF THIS AGREEMENT, THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE BIKE, THE EBS PROGRAM, AND/OR THIS WEBSITE, IN CONSIDERATION FOR USING AND/OR OPERATING THE BIKE.
3.4	DISCLAIMER OF WARRANTIES: RIDER ACKNOWLEDGES AND AGREES THAT THE BIKE AND ANY ASSOCIATED GOODS OR SERVICES PROVIDED HEREUNDER BY EBS ARE PROVIDED STRICTLY "AS IS," AND EBS DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EBS, ITS EMPLOYEES, DISTRIBUTORS, OR AGENTS WILL CREATE ANY WARRANTIES.
3.5	This Agreement is governed by the applicable laws of the State of Tennessee, regardless of the State or jurisdiction in which the RIDER and Bike are located and/or stationed.  If any provision of this Agreement is found to be unenforceable, all other provisions will be given full force and effect.

	4.	ACCEPTANCE of AGREEMENT and TERMS and Conditions by RIDER:  

4.1	RIDER expressly acknowledges that he/she has carefully read the entire Agreement, including the Terms and Conditions, and understands this Agreement, including, but not limited to, the Waiver and Liability, Assumption of risk and Indemnification Provisions fully and expressly agrees to be bound by this Agreement.  After careful deliberation, RIDER voluntarily gives his/her consent and expressly agrees to all the conditions included in this Agreement as set forth above.
4.2 	RIDER expressly agrees and acknowledges that EBS may modify this Agreement from time to time and that any such modifications shall be effective upon its posting to the EBS website, kiosk, app, or bicycles. RIDER agrees to be bound by any such modification when he/she uses the website, kiosk, app, or bicycle after such modification is posted.  IT IS IMPORTANT, THEREFORE, THAT RIDER REVIEW THIS AGREEMENT REGULARLY.  If RIDER has an account and valid email address on file with EBS, EBS will attempt to notify you by email of any modifications of the terms of this Agreement.
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