BLINK RENTAL AGREEMENT
THE SERVICES MADE AVAILABLE TO USERS OF BLINK RIDES ARE PROVIDED ONLY ON THE CONDITION THAT THE USER AGREES TO THE TERMS AND CONDITIONS IN THIS USER AGREEMENT (“AGREEMENT”) BETWEEN USER AND BLINK RIDES, LLC (“BLINK RIDES”) BY ACCEPTING THIS AGREEMENT OR BY USING THE SERVICES, USER ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT.
USER AGREES THEIR UNDERSTANDING AND COMPETANCY OF OPERATING A BLINK RIDES SCOOTER IS THE USERS SOLE RESPONSIBILITY. USER AGREES TO TAKE ON FULL AND COMPLETE RISK ASSOCIATED WITH OPERATING A BLINK RIDES SCOOTER AND AGREES TO
IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT OR THE SERVICES, PLEASE CONTACT BLINK RIDES VIA EMAIL AT SUPPORT@BLINKRIDES.EMAIL
“Agreement” means this User Agreement.
“Apps” means the Blink Rides proprietary software applications accessible via a mobile device or computer and by which members may access the Services.
“Corporate User Agreement” means the agreement between a business or other legal entity and Blink Rides to provide the Services to the employees or members of such business or other legal entity.
“Effective Date” means the date on which your Application is approved by Blink Rides.
“Rate Schedule” means the rate schedule currently referenced and as it may be updated by Blink Rides from time to time, and which is expressly incorporated herein by reference.
“Blink Rides” means Blink Rides, LLC a Montana company with its principal place of business at 825 W Main St. Bozeman, MT 59715.
“Blink Rides Scooter” means the vehicle or other transportation device, including, but not limited to, scooters, electric scooters, and rideshare electric scooters, provided by Blink Rides to User in accordance with the User.
“Services” means the Blink Rides services as described in the Application and made available through the Site or the Apps.
“Site” means the Blink Rides web site located.
“User” means an individual that has registered with Blink Rides to use the Services.
“User Account” means a portal provided by Blink Rides that is used by User to manage its User, billing information and other User information (e.g., name, address, email address, use privileges).
“User Fees” means the agreed upon fees set forth in an Application, and as adjusted from time to time.
“User Term” means the agreed upon time period set forth in an Application, and all subsequent renewal periods.
User. Contingent on Blink Rides acceptance of User’s Application, and subject to the terms and conditions of this Agreement, Blink Rides will provide User the Services as set forth in the Application for the User Term. User may use the Services solely for User’s own purposes (not for the benefit of any other person or entity) during the User Term. If a business or other legal entity has entered into a Corporate User Agreement, the User’s covered by that Corporate User Agreement may use the Services solely for the purposes set forth in the Corporate User Agreement and Blink Rides shall not be responsible for communicating such allowable uses to such Users.
Purpose of the Agreement. This Agreement is rideshare service agreement between Blink Rides and User, but does not in itself confer any right of use of the Blink Rides Scooters. The User may use Blink Rides Scooters belonging to Blink Rides after registering. The User does not, by this Agreement or otherwise, acquire any rights of ownership or control over Blink Rides, its operations or finances, or any vehicle or other transportation device made available for use by Users.
Blink Rides is the owner of the Blink Rides Scooter and any item it makes available to User during the term of this Agreement.
Changes to User’s User. Blink Rides retains the right to change, limit or deny the Services to a User for any reason at any time.
To be eligible for the Services, the User must:
Own or control a mobile device that is compatible with the Apps and the Blink Rides Scooters. User is responsible for obtaining at its own expense all equipment and services needed to access the Services via such mobile device. User understands that its wireless carrier may charge it certain fees for data, text messaging, and other wireless access or communications services. Blink Rides does not guarantee that the Apps can be accessed through all wireless devices or service plans or are available in all geographical locations.
Be at least 18 years old.
DEPOSIT, FEES & PAYMENT
Fees. The User agrees to pay to Blink Rides the User Fees and other charges and fees, in accordance with the type of Service User has selected and as listed in the Rate Schedule as set forth at in the Apps and hereby expressly incorporated into this Agreement by reference. This schedule will be changed from time to time as Blink Rides makes changes to its service. Applicable rates are stated in App before the ride.
No Refunds. All fees relating to the User, including the User Fees, Plans, reloads, and other costs and fees as provided in this Agreement and the Rate Schedule are final and nonrefundable.
Method of Payment. User shall pay all fees and costs incurred when due, including application fees, User Fees and other costs and fees as provided in this Agreement and the Rate Schedule. User agrees that Blink Rides may charge User’s selected payment method for any such payments. Blink Rides accepts payments through payment methods detailed on the applicable payment screen, which may include various credit cards and Stripe. User may be asked to provide Blink Rides with a credit card number from a card issuer that Blink Rides accepts in order to activate and/or pay for any fees related to the Services.
Pre-Authorization. Blink Rides may seek pre-authorization of User’s credit card account prior to a fee or cost becoming due to verify the credit card is valid and/or has the necessary funds or credit available to cover such fees or costs.
Disputed Charges. USER AGREES TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO USER IN WRITING TO BLINK RIDES WITHIN 30 DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
Delinquent Accounts. Any User Account which is delinquent will be suspended or terminated solely at Blink Rides’ discretion. Any credit card which is rejected may result in suspension or termination of User solely at Blink Rides’ discretion. The User must notify Blink Rides in the event of the credit card on record being changed, expiring, or being no longer valid and replace it with a valid credit card. Blink Rides may seek third party assistance with unpaid or delinquent accounts if the User does not pay outstanding charges.
Maximum rental time & charges. Maximum rental time of a Blink Rides Scooter is 10 hours. User agrees to deactivate a Blink Rides Scooter rental within 10 hours of time that rental of the Blink Rides Scooter began. User may then rent again. User agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking the Blink Rides Scooter. The maximum day charge is $200 for each electric scooter and a service fee as applicable of an additional $125, all based on a calendar day. After return of the Blink Rides Scooter, the User will be charged the accumulated rental charges, or the maximum day charge; whichever is less. A Blink Rides Scooter not returned (locked and a ride concluded within service zone) within 24 hours will be considered lost or stolen, and User may be charged up to $1,300 for each electric scooter and a police report may be filed. Blink Rides may also charge a service fee of $125 for rentals in excess of 24 hours where the Blink Rides Scooter is not lost or stolen.
User agrees to return the Blink Rides Scooter to Blink Rides in the same condition in which it was rented. Until the Blink Rides Scooter is locked, the User shall be responsible for loss and damage to the scooter. User will not be responsible for normal wear and tear.
DUTIES & RESPONSIBILITIES OF USER
Acknowledgment. The User declares to Blink Rides that it has received all reasonable explanations of the content of this Agreement, the Rules and the Rate Schedule currently in force and that it has taken all reasonable and prudent measures to ensure that it has correctly understood all of its commitments and obligations.
Reporting of Accidents & Cooperation. If, while User is in possession of a Blink Rides Scooter, the Blink Rides Scooter is involved in an incident that results in injury or damage to a third party or third party property, User must, as soon as possible, but in any event within 1 hour, notify 911 (if appropriate), contact the police and fill out an official police report, contact Blink Rides immediately and provide the following information to Blink Rides:
Date, time and location of incident;
Identification information for any other vehicles involved (e.g., license plate, vehicle identification number, make and model);
Insurance information for third party vehicles involved (e.g., policy number, name, address and phone number of insurance agent);
Contact information for third parties involved and owners of involved vehicles, if different (e.g., name, address, phone number, driver’s license number);
Contact information for witnesses (e.g., name, address, phone number); and Circumstances surrounding event.
User must not, without Blink Rides’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the incident. In the event of injury or damage to a Blink Rides Scooter, a third party or third party property, User agrees to cooperate fully with Blink Rides’ investigation of such event and the defense of any resulting claim or litigation.
User agrees that Blink Rides or its insurer may at its own cost bring, defend, enforce, or settle any legal proceeding against a third party in User’s name in relation to the incident.
INDEMNIFICATION & LIMITATION OF LIABILITY
User agrees to indemnify, defend, and hold Blink Rides harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by Blink Rides arising from or related to User’s use of a Blink Rides Scooter or any person permitted by User to use a Blink Rides Scooter.
Indemnification of Blink Rides Scooter Rental Locations. The User agrees to indemnify and hold harmless Blink Rides, LLC business location 825 W Main St. Bozeman, MT 59715 as the pick up and drop off location, or otherwise operating during the course of their reservation or while present at said locations using the Blink Rides Scooter app and/or with any purpose associated with their Blink Rides Scooter membership.
LIMITATION OF BLINK RIDES’ LIABILITY. EXCEPT TO THE EXTENT THAT ANY LOSS OR DAMAGE IS DUE SOLELY TO BLINK RIDES NEGLIGENCE: BLINK RIDES MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF A BLINK RIDES SCOOTER, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLINK RIDES IS NOT LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USER’S USE OF A BLINK RIDES SCOOTER.
Blink Rides shall not be responsible for any loss of, or damage to, any goods in or on the Blink Rides Scooter, including User’s mobile device that is running the App, nor shall it be responsible for any loss or damage to third parties for the actions taken by any User during the period User is responsible for a Blink Rides Scooter.
Blink Rides does not guarantee the availability of a Blink Rides Scooter for use by User. The use of Blink Rides Scooters by Users is subject to availability, on a first-come, first-served basis, and although Blink Rides’ makes an effort to meet the demand for Blink Rides Scooters by Users, Blink Rides cannot guarantee that supply will be adequate to provide a Blink Rides Scooter to User at any given time. Blink Rides cannot and does not guarantee the availability or functionality of a Blink Rides Scooter, whether or not reserved, and shall not be responsible for any direct, indirect, incidental or consequential damages or injuries arising from the reservation, non-availability, supply, operation or use of a Blink Rides Scooter, even if it has been advised of the possibility of such damages.
Blink Rides shall not be responsible for direct, indirect, incidental or consequential damages or injuries arising from the use of any Blink Rides Scooter and/or accessories supplied by Blink Rides (e.g., helmet, lock). The User is responsible for the safe use of such scooter and/or accessories and must check their condition before each use. If any scooter and/or accessory is found not to be in good condition or working order, User should not use such scooter and/or accessory and should promptly notify Blink Rides and request a replacement.
ANY USE OF A BLINK RIDES SCOOTER THAT IS PROHIBITED BY THIS AGREEMENT VOIDS ALL INSURANCE, ACCIDENT, OR LIABILITY COVERAGES, INCLUDING ANY COLLISION DAMAGE WAIVER (WHERE PERMITTED BY LAW); MAKES BLINK RIDES SUBJECT TO IMMEDIATE RECOVERY BY BLINK RIDES WITHOUT NOTICE TO USER; AND MAKES USER RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE BLINK RIDES SCOOTER, INCLUDING BLINK RIDES’ EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE.
CHANGES TO THE AGREEMENT, TERM, NOTICES
Blink Rides reserves the right to revise this Agreement in its sole discretion at any time and shall give notice to User of such revisions. Notice will be considered given when the revised Agreement is posted to the Site or on the Apps or when sent by email to the User email address on file with Blink Rides. Any revisions to the Agreement are effective upon such notification. The Agreement will be identified as of the most recent date of revision. User should visit this page regularly to ensure its continued acceptance of this Agreement. User’s continued use of the Services after any revision to these Terms constitutes its binding acceptance of the revised Agreement. Notwithstanding the preceding sentences of this Section, no revisions to this Agreement will apply to any dispute between User and Blink Rides that arose prior to the date of such revision.
Term and Termination of the Agreement; Renewal. The Agreement shall be in force until terminated pursuant to this Section or as otherwise provided in the Agreement, as applicable.
Termination by User. User may terminate this Agreement at any time without cause upon one week written notice to Blink Rides. To be effective, notice of termination must be sent to Blink Rides by email at Support@blinkrides.email.
Termination by Blink Rides. Without Cause. Blink Rides may terminate this Agreement at any time without cause upon one week written notice to User.
For Cause. This Agreement shall be automatically and immediately terminated, upon written notice by Blink Rides to the User if the User: is not paying its debts as such debts generally become due; becomes insolvent; files, or has filed against it, a petition (or other document) under any bankruptcy law or similar law that is unresolved within sixty (60) days after the filing of such petition (or document); proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors; makes a general assignment for the benefit of creditors; if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of its property or business; or is convicted of a driving-related criminal offense (e.g., such as driving under the influence of alcohol or controlled substances, hit-and-run, reckless driving).
Blink Rides may, at any time, without notice, immediately terminate the Agreement if the User fails to pay any sum due under the Agreement or the Rate Schedule.
Blink Rides may, at any time, without notice, immediately terminate the Agreement if the User does not comply with any term or condition specified in the Agreement or the Site or Apps.
In case of termination, the User agrees to return immediately to Blink Rides any Blink Rides Scooter, or any other article User might have in its possession under the User.
User agrees to pay any attorneys’ fees, court costs or costs of other legal procedures necessary for Blink Rides to recover any amounts due and owing, the Blink Rides Scooter or any other object the User might have in its possession under this Agreement.
User shall be responsible for any fees or costs incurred up to and including the date of termination.
Penalties. In addition to all its other rights and recourses set out in the Agreement, Blink Rides reserves the right to impose service fees on the User, in case of non-observance by the User of any provision of this Agreement, in the manner and amounts specified in the Agreement.
Choice of Law; Venue. Any dispute arising out of or relating to this Agreement or the breach thereof shall be governed by the federal laws of the United States and the laws of the State of Montana, USA for all claims, without regard to or application of choice of laws, rules or principles. The parties hereby consent to the exclusive jurisdiction of the state and federal courts in Bozeman Montana, USA, for all claims and both parties expressly waive any objections or defense based upon lack of personal jurisdiction or venue. The prevailing party to such dispute shall be entitled to recover its reasonable costs incurred in prosecuting or defending against such dispute, including its reasonable attorneys’ fees and experts’ fees.
Notices. User must provide any notice required in accordance with this Agreement via the User Account or the following email address: Support@blinkrides.email. Blink Rides’ routine communications regarding the Services and any legal notices will be sent to the User either electronically (via User Account, the User email address on record or by text message to the User’s mobile device using the number provided by User), by United States mail or by courier, except that Blink Rides may give notice of an amendment to the Agreement by posting the notice on the Site, the User Account, or by email to the email address on record. By providing User’s mobile telephone number to Blink Rides, User consents to receive text messages from Blink Rides relating to the provision of the Services. Notices are deemed received as of the time delivered. Blink Rides may periodically send User messages of an informational or advertising nature via email. User may choose to “opt-out” of receiving these messages by selecting the “opt-in” or “opt-out” link, as the case may be, at the foot of every such email. User acknowledges and agrees that notwithstanding User’s request to opt out from such messages, Blink Rides may still send and User may still receive emails or text messages reasonably required for the proper conduct of the Services. If User does not wish to receive any messages from Blink Rides, User must terminate its User and cease using the Services.
Data Breach Notification. Notwithstanding User’s determination to opt-out of receiving electronic messages or cease use of the Services, User agrees that in the event an incident occurs in which a third party obtains unauthorized access to User’s personal data provided to Blink Rides, User agrees that should Blink Rides become legally obligated to provide notice of such unauthorized access Blink Rides may provide such notice to User electronically by using the email address or mobile telephone number provided by User.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Blink Rides without restriction. Any assignment attempted to be made by User in violation of this Section shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns. No delay or omission by Blink Rides to exercise any right or power occurring upon any noncompliance or default by the User with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by Blink Rides of any of the covenants, conditions, or agreements to be performed by the User shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
Severability. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Force Majeure. Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, a significant failure of the Internet, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.
Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and the parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, that is not contained in this Agreement. Blink Rides is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Blink Rides.
If there is a conflict between the terms of the Application or a Schedule and the Agreement, the Agreement will govern.
Independent Contractors. Blink Rides is an independent contractor and neither party is an agent of the other and neither party has the right to bind the other on any agreement with a third party.
Headings; Captions. The headings and captions used herein are for convenience only and are not part of the Agreement.
Rules Schedule. In addition to the rules and obligations set forth in the User Agreement, Users are required to abide by the rules set forth in this Rules Schedule. By becoming a User, you are deemed to have accepted and agree to abide by the rules set forth below. Failure to abide by this Rules Schedule may result in suspension or termination of your User.
Capitalized terms used herein, shall have the same meaning as given in the User Agreement.
WHO MAY OPERATE A BLINK RIDES SCOOTER
- Only Users in good standing may operate a Blink Rides Scooter.
- Non-Users are expressly prohibited from operating a Blink Rides Scooter.
- Subletting or re-letting of the Blink Rides Scooter to another person, even to another User, is expressly prohibited.
- Only persons over the age of 18 may become a User and may operate a Blink Rides Scooter.
- Only one person may ride a Blink Rides Scooter at a time.
Blink Rides Scooters shall not be used as follows:
- To propel or tow any vehicle, trailer, or other object.
- To transport animals of any kind or nature, living or otherwise.
- During a race, competition or to perform tricks.
- By a User while under the influence of drugs or alcohol.
- During the commission of a crime or other illegal activity.
- In a negligent or abusive manner or for any use outside the scope of a Blink Rides Scooter’s intended purpose (violating a traffic law, or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred)
- By anyone who has provided Blink Rides with false information in order to become or remain a User.
- While there is inclement weather, including heavy rain, snow, electrical storms or strong wind, which make it more dangerous to operate a Blink Rides Scooter.
- While texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the Blink Rides Scooter that may distract from driving safely or otherwise engaging in any activity that may be prohibited by law.
The foregoing list is not intended to be exhaustive and any unreasonable or inappropriate use of a Blink Rides Scooter, as determined by Blink Rides in its sole discretion, or any violation of law will be deemed to be a violation of this Rules Schedule.
RESERVING BLINK RIDES SCOOTERS
Blink Rides Scooters are available to Users on a first-come-first-served basis or via reservation if activated. Users using a Blink Rides Scooter on a first-come-first-served basis will be billed for the time they use the Blink Rides Scooter according to the Rate Schedule.
If a reservation is made available by Blink Rides, Users shall make such reservation via the Site or an App in advance of use and will be billed at the time of the reservation. Reservations can be extended via the Site or App. Users may cancel or change an existing reservation via the Site or App until fifteen minutes before the reservation was made.
BLINK RIDES SCOOTER USE
User must secure the Blink Rides Scooter in clean and in good working condition after their trip. Prior to taking possession of a Blink Rides Scooter, User must inspect the Blink Rides Scooter for evidence of damage and disrepair. If any damage or disrepair is discovered, User must notify Blink Rides immediately to avoid being held responsible for such damage or disrepair. If User fails to report any evidence of damage prior to using the Blink Rides Scooter, User may be liable for the cost of repairing the Blink Rides Scooter. For User’s own safety, User is prohibited from operating a Blink Rides Scooter if any of the following equipment is not in good working order: tires, brakes, lights.
Users are responsible for all charges and costs incurred, and any damages, related to the Blink Rides Scooter from the time a User activates a Blink Rides Scooter until the Blink Rides Scooter is returned and secured.
User must notify Blink Rides immediately in the event that the Blink Rides Scooter: malfunctions; is damaged; or is stolen.
User is responsible for any violations, including but not limited to traffic violations incurred, including fines for late payment and any processing fees, due to User’s use of a Blink Rides Scooter. User agrees to pay for all violations incurred. Such violations must be reported to Blink Rides as soon as reasonably possible, but in any event, in advance of the deadline to respond to the notice of violation. If User fails to pay for any violations incurred, and Blink Rides pays such violations, member agrees that Blink Rides may charge member’s payment method on record in accordance with the Agreement.
RIDER ACCEPTANCE OF AGREEMENT
- I certify that I have read and expressly agree to the terms and conditions therein, and I acknowledge that this limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.
- I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride a Blink Rides with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
- I am aware that there are Inherent risks involved in Scooter Riding. Inherent risks include, but not limited to: Scooter riding activities involve the risk and danger of serious bodily injury including, but not limited to, disability, paralysis, dismemberment and death. These inherent risks and dangers may be caused by Rider’s own actions or inaction’s, the actions or inactions of others, participating or not participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be additional risks, including fire due to overcharging a lithium battery or fire due to a lithium charger, social and economic loss, either known or unknown to Rider, not readily foreseeable, and Rider fully accepts and assumes responsibility for all such risks, losses, costs, and damages incurred as a result of Rider participation in scooter riding activity.
By checking the box in the Blink Rides App next to “Agreement to”, you are acknowledging and signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.
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