• Charger Services Agreement

    Dated February 1, 2018

    The following Charger Services Agreement (“Agreement”) governs the terms by which you can be paid by Bird Rides, Inc. (“Bird”) for providing charging services and any additional related services for Bird (“Bird Charger Services”) on an independent contractor basis.

     

    Please read the terms of this Agreement carefully. By clicking on the “I Accept” or similar button, you represent that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract WITH Bird, and (3) you have the authority to enter into the Agreement personally or on behalf of the company you represent and to bind that company to the Agreement.

     

    PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY BIRD IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Bird will make a new copy of the Agreement available within the Bird mobile application (“App”). Bird will also update the date at the top of this Agreement.

     

    Bird will send you the number of Bird charger cords (each a “Cord”) you request accompanied by a postage paid return envelope. You will be charged $10.00 as deposit for each Cord, which will be refunded to you upon return of the Cord(s) if in the same condition as they were received, normal wear and tear excepted. If you lose or do not wish to use the return envelope, please contact us at hello@bird.co.

     

    Once you receive a Cord, you can provide Bird Charger Services by clicking the “Bird Charger” button on the App and entering or scanning the code on the Bird scooter (“Bird Scooter”) into the App. The Bird Scooter will unlock, so that you may take and charge the Bird Scooter.

     

    If you unlock a Bird Scooter through the Bird Charge button, you agree to perform the following services:

    • Pick up and move Bird Scooter to a charging location that you own, lease, or otherwise have authorization to use for performing Bird Charger Services;
    • Charge the Bird Scooter to a 100% charge, using only a Cord that you receive from Bird;
    • Perform a visual inspection of the Bird Scooter prior to returning it to an authorized Bird Scooter location (“Bird Nest”) and notify Bird immediately if the Bird Scooter requires maintenance; and
    • Return the Bird Scooter to an authorized Bird Nest by the required return time the following day.
    • You agree to strictly comply with all instructions provided to you by Bird regarding the Bird Charger Services (whether in this Agreement or via the App.

     

    While providing Bird Charger Services, you agree not to enter any private or public property for which you do not have full authorization to enter. You agree to perform the Bird Charger Services in a safe, professional, and workmanlike manner in compliance with all applicable laws (for example, you agree that you will not enter or utilize third party private, gated property on which you are not permitted, to perform Bird Charger Services, and you will only use electricity that you pay for or otherwise have permission to use in conducting the Bird Charger Services).

     

    You agree that it is your responsibility to ensure, and you assume the risk of ensuring, that appropriate safety and other precautions are taken with respect to the Bird Charger Services you perform. For example, you will remain responsible for (or assume the risk of not) having a certified electrician review and approve your location for safely charging Bird Scooters prior to charging a Bird Scooter, not overloading any electrical circuit while charging a Bird Scooter; and for providing reasonable spacing and ventilation of Bird Scooters while charging to prevent overheating of the Bird Scooters and Cords.

     

    If you perform the Bird Charger Services, Bird will pay you for each percent of charge fed to the Bird Scooter based on the then current applicable rate for the applicable Bird Scooter as listed in the App; provided, however, that you may only charge up to 20 Bird Scooters during any calendar day and will not be paid any fee or compensation for any Bird Scooter you charge above 20.

     

    If the Bird Scooter is returned to a Bird Nest or sent to an authorized Bird repair location after 7:00 a.m. local time the following day or such later time as provided by Bird in its sole discretion, your total payment (including any incentives) for Services related to such Bird Scooter may be reduced by up to 50% in Bird’s sole discretion. If a Bird Scooter is not returned to a Bird Nest or sent to an authorized Bird repair location within three (3) days from the date you initially picked up the Bird Scooter, it will be presumed that you will not be returning the Bird Scooter and you will be charged for the full value of the Bird Scooter ($1,000). Bird’s computer is the official timekeeping device. The timeliness of a Bird Scooter return will be determined in the sole discretion of Bird.

     

    You are solely responsible for all expenses that you incur in connection with the Bird Charger Services, including without limitation, expenses for transportation, facilities, an electrician, and electricity.

     

    You acknowledge and agree that any non-public information and materials provided to you by Bird is confidential information of Bird (“Confidential Information”), including without limitation, information regarding how Bird Scooters work, Bird’s maintenance and charging procedures, the contents of the App and how the App functions, and the contents of any communications from Bird to you. You shall not use any Confidential Information for any purpose other than as necessary to provide Bird Charger Services. You agree to use reasonable care to protect the confidentiality of the Confidential Information. If you are compelled by law to disclose Confidential Information, you shall provide Bird with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance if Bird wishes to contest the disclosure. If you disclose or use (or threaten to disclose or use) any Confidential Information in breach of this paragraph, Bird shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts. You specifically acknowledge that any other available remedies are inadequate.

     

    In performing the Bird Charger Services, you agree that you are an independent contractor, and nothing in this Agreement should be construed to create an employer-employee relationship or any other relationship other than that of an independent contractor between you and Bird. You understand that you are not obligated to make yourself available to perform Bird Charger Services on any specific days or times or for any amount of time, and that you are free to choose the amounts and days and times you will be available to or perform any such services. In addition, subject to the limitations set forth herein, you can determine the method, details, and means of performing the Bird Charger Services. You acknowledge and agree that (i) you have no authority to enter into any agreement or contract that binds Bird or creates obligations on the part of Bird, (ii) you are not eligible for any Bird employee benefits and, to the extent that you otherwise would be eligible for any Bird employee benefits except for the express terms of this Agreement, you expressly decline to participate in such Bird employee benefits.

     

    You are solely responsible for all applicable taxes for all compensation paid to you for the Bird Charger Services, including without limitation, any withholding requirements that apply to any such taxes. You understand Bird will not withhold or make payments for social security, unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. You agree to indemnify, defend and hold Bird harmless from any liability for any breach of this Agreement by you, or any liability for or assessment of, any claims or penalties or interest with respect to such taxes.

     

    If applicable (for example, if you earn more than $500 in any calendar year from Bird), you will be required to complete and submit an IRS Form W-9 to Bird, which you hereby agree to do upon request from Bird, and Bird will report fees paid to you for the Bird Charger Services by filing a Form 1099-MISC with the Internal Revenue Service, as required by law.

     

    YOU UNDERSTAND AND AGREE THAT AT ALL TIMES ALL BIRD SCOOTERS ARE OWNED BY AND REMAIN THE PROPERTY OF BIRD.

     

    THE BIRD APP, BIRD SCOOTERS, AND CORDS ARE PROVIDED TO YOU “AS IS” AND ANY USE OF THE APP, BIRD SCOOTERS, OR CORDS ARE AT YOUR OWN RISK. BIRD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

     

    YOU AGREE THAT BIRD WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR ANY THIRD PARTIES ARISING FROM OR RELATED TO THE APP, BIRD SCOOTERS, OR CORDS. IN NO EVENT WILL BIRD BE LIABLE FOR ANY LOST PROFITS, LOST OR INCORRECT DATA, OR LOSS OF USE IN CONNECTION WITH THE USE OF THE APP, BIRD SCOOTERS, CORDS, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY BIRD OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF BIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF BIRD ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL NOT EXCEED $100.

     

    You agree to strictly comply with the terms of this Agreement. You agree to be solely responsible for all liabilities resulting from your failure to do so, including but not limited to, loss or damage to any persons or property resulting from such failure.

     

    You hereby release Bird and its officers, directors, employees, and agents (“Bird Parties”) and their successors from claims, demands, and any and all losses, damages rights, and actions of any kind, including without limitation, any personal injuries, death, and property damage, that is directly or indirectly, related to, or arises from, the App, Bird Scooters, Cords, or your use thereof. This release expressly includes a release of all unknown and unsuspected claims under any law of any applicable jurisdiction with respect to your release of such claims. If you are a California resident or have a principal place of business in California, you hereby waive and relinquish all rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

     

    You may not use, export, import, or transfer the App, Bird Scooters, or Cords, except as authorized by Bird in writing and by U.S. law, the laws of the jurisdiction in which you obtained the foregoing, and any other applicable laws.

     

    You may not assign any of your rights or delegate any of your duties under this Agreement without prior written consent of Bird. Absent any such prior written consent, any attempted assignment or delegation hereunder shall be null, void, and have no effect.

     

    Any waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time. Any delay or forbearance by Bird in exercising any right hereunder shall not be deemed a waiver of that right.

     

    All notices to Bird under this Agreement shall be in writing, and will be deemed given when personally delivered, when sent by prepaid certified or registered U.S. mail with return receipt requested, or when sent by a recognized delivery service to Bird Rides, Inc., 406 Broadway #369, Santa Monica, CA 90401.

     

    This Agreement shall be governed, construed and interpreted in accordance with the laws of the state of California, without giving effect to principles of conflicts of law.

     

    If one or more provisions of this Agreement are held to be unenforceable under applicable law, then (i) such provision shall be excluded from this Agreement, (ii) the remainder of the Agreement shall be interpreted as if such provision were so excluded and (iii) the remainder of the Agreement shall be enforceable in accordance with its terms.

     

    This Agreement is the final, complete and exclusive agreement between you and Bird with respect to the subject matter hereof and supersedes any prior agreements or discussions.

     

     

     

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