Bird Rental Agreement, Waiver of Liability and Release
Effective Date: August 1, 2018
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
In consideration of Your use of any of the Bird Services (defined below) provided by Bird Rides, Inc. d/b/a Bird (“Bird”), Bird requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Bird Rental Agreement, Waiver of Liability, and Release (“Agreement”).
The services provided by Bird include (1) Bird mobile application and related website, (2) Bird Electric Vehicles (“Vehicle” or “Vehicles”), (3) discretionary charging of the Vehicle by Rider per Section 1.15 below, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by Bird (collectively, the “Bird Services”).
In addition to the Terms of Service, located at https://www.bird.co/terms, You expressly agreed to when you signed up for Bird, You should CAREFULLY READ all terms and conditions before entering into this Agreement, but here is a partial list of some of the terms that Bird wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
- THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW
- The Vehicle must be locked at the conclusion of the ride. If the Vehicle is not locked, the trip will continue and You will continue to be charged. The max charge for a single trip is $100 for 24 hours. For more details, please refer to Section 2.3 below.
- Upon conclusion of Your ride, the Vehicle must be parked at a lawful parking spot, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non-public space.
- All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area.
- You must promptly report any damaged or malfunctioning Vehicles to Bird via the Bird mobile application (the “Bird App”) or via e-mail.
Bird expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.
1. GENERAL RENTAL AND USE OF VEHICLE
1.1 Rider is Sole User
Bird and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.
1.2 Rider is At Least 18 Years Old
Rider represents and certifies that Rider is at least 18 years old.
1.3 Rider is a Competent Vehicle Operator
Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. You can find materials provided by the Vehicle manufacturers here. This information may be updated periodically. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4 Vehicle is the Exclusive Property of Bird
Rider agrees that the Vehicle and any Bird equipment attached thereto, at all times, remain the exclusive property of Bird. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Bird equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Bird equipment, for any advertising or other commercial purpose without the express written permission of Bird.
1.5 Vehicle Operating Hours and Vehicle Availability
Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented within the maximum rental time limits set forth below. The number of Vehicles are limited and Vehicle availability is never guaranteed.
1.6 Vehicle May be Used and/or Operated only in Metropolitan Areas
Rider agrees to only use, operate, and/or ride the Vehicle in metropolitan areas.
1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle
Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider also agrees to act with courtesy and respect toward others while using the Bird Services.
1.8 Prohibited Acts
Rider agrees to the following:
- Bird recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, Bird recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.
- You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.
- While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
- You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.
- You must not carry a second person or child on a Vehicle.
- You may only use locking mechanisms provided by Bird. You may not add another lock to the Vehicle or lock a Vehicle to anything.
- The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.
- The Vehicle must be parked in a space that is visible.
1.9 Vehicle is Intended for Only Limited Types of Use
Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
1.10 Weight and Cargo Limits
You must not exceed the maximum weight limit for the Vehicle (200 pounds).
1.11 No Tampering
You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Bird Services other than as specified in this Agreement.
1.12 Reporting of Damage or Crashes
Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to Bird as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local 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 Vehicle.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT
1.13 Rider Responsibility for Vehicle Use and Damage
Rider agrees to return the Vehicle to Bird in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.
1.14 Electric Vehicle
The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following: