PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SUNSET RIDES SERVICES. In consideration of your (“Rider,” “You” or “Your”) use of any of the Sunset Rides Services (as defined herein) provided by Sunset Rides, LLC . (“Sunset Rides”), Sunset Rides requires that You (acting on behalf of all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all of the terms and conditions contained in this Sunset Rides Rental Agreement, Waiver of Liability, and Release (“Agreement”). The services provided by Sunset Rides include (1) the Sunset Rides mobile application (the “Sunset Rides App”) and the Sunset Rides website, https://www.sunsetrides.com (the “Sunset Rides Site”); and (2) Sunset Rides Electric Vehicles (“Vehicle” or “Vehicles”); (3) all other related equipment, personnel, services, applications, websites, and information provided, or made available, by Sunset Rides (collectively, the “Sunset Rides Services”). In addition to the Terms of Service, located at https://www.sunsetrides.com/terms-and-conditions , that You expressly agreed to when you signed up to use the Sunset Rides Services, You should CAREFULLY READ this Agreement in its entirety. 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 14 BELOW Sunset Rides expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set forth 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.Age requirement: The rider must be at least 18 years old to rent and operate the scooter.
1.2.Single rider: Only the person who rented the scooter may operate it. Sharing the rental with others is strictly prohibited.
1.3.Experience requirement: The rider certifies that he or she is competent with the operation of the scooter and physically fit to ride it. The rider understands and acknowledges that operating a scooter requires a certain level of skill and physical ability and assumes full responsibility for his or her ability to operate the scooter safely.
1.4.Safety equipment: Sunset Rides strongly recommends that Riders wear a helmet at all times while operating an electric scooter. Rider acknowledges and understands the significant risks of bodily injury or death that may result from failure to wear a helmet while operating an electric scooter and assumes full and complete responsibility for any injury, damage, harm, or cost incurred by themselves or others as a result of their failure to wear a helmet while operating an electric scooter. In addition, Sunset Rides recommends that the rider wears appropriate clothing, such as closed-toe shoes, long pants, and a long-sleeved shirt, to protect against road rash and other potential hazards. The rider fully assumes all responsibility for their safety equipment and attire, or lack thereof, and Sunset Rides disclaims any liability for any injury, death, or damage that may result from the rider's failure to wear appropriate safety equipment or attire.
1.4.1.Daily Rentals Provided via Drop Off: Helmets may be provided by Sunset Rides when needed and requested. It is the Rides responsibility to ensure that they receive one if they do not have one of their own, during the time of drop off or by contacting Sunset Rides before operating the scooter. Should a Rider choose to use their own helmet, they bear full responsibility for ensuring that the helmet is rated for road use and is properly fitted and secure for the intended purpose.
1.4.2.Self-service: The rider bears full and exclusive responsibility for ensuring that they possess a road-rated helmet that fits properly when renting a scooter through self- service.
1.5.Right-of-way: The rider must give pedestrians the right-of-way and operate the scooter with caution and care around pedestrians, especially in areas with high foot traffic. The rider must also obey all traffic signals, stop signs, and other traffic control devices, and yield to other vehicles when necessary.
1.6.Commitment to Lawful Operation: Rider hereby agrees to strictly adhere to all laws governing the use, riding, parking, charging, and/or operation of the Vehicle, including all federal, state, and local laws and regulations that govern vehicles in the geographical region where Rider is utilizing the Vehicle, including but not limited to any helmet laws. Additionally, Rider acknowledges and accepts the obligation to utilize the ElecRide Services with caution, prudence, and consideration for the safety and well-being of all individuals, including but not limited to pedestrians, other riders, and any third parties that may be affected by Rider’s actions.
1.7.Prohibited activities: The rider must not engage in any prohibited activities while operating the scooter, including but not limited to riding under the influence of drugs or alcohol, carrying passengers, carrying any items that may obstruct the rider's view or balance, using a mobile phone or other electronic device while operating the scooter, or performing any stunts or tricks.
1.8.Electric scooter use: Electric scooter use on the roadways should only be conducted where bicycles are permitted, and the rider should follow all laws that apply to bicycle use on the roadway.
1.9.Reporting accidents: In the event of an accident involving the rented scooter, the rider must immediately report the accident to Sunset Rides and provide all necessary information, including but not limited to the date, time, and location of the accident, the names and contact information of any witnesses, and a description of any injuries or property damage sustained by any party.
1.10.Vehicle is the Exclusive Property of Sunset Rides: The rider acknowledges that the rented scooter is the exclusive property of Sunset Rides and agrees not to tamper with, modify, or alter the scooter in any way.
1.11.Vehicle Operating Hours and Vehicle Availability: The rider acknowledges that the rented scooter is subject to availability and may not be available at all times. The rider agrees to return the scooter to Sunset Rides by the agreed-upon return time and date.
1.12.Vehicle use area: The rider agrees to use the rented scooter only in areas designated by Sunset Rides and to comply with all local laws and regulations.
1.13.Weight and Cargo Limits: The rider acknowledges that the rented scooter has a weight and cargo limit and agrees not to exceed these limits.
1.14.Rider Responsibility for Vehicle Use and Damage: The rider assumes full responsibility for the use of the rented scooter and agrees to return the scooter in the same condition as when it was rented. The rider acknowledges that he or she will be responsible for any damage caused to the rented scooter during the rental period.
1.15.Electric Vehicle Charge: The scooter is an electric vehicle that requires periodic charging of its battery in order to operate. The rider agrees to use and operate the scooter safely and responsibly in light of the fact that it is an electric vehicle and that its speed and other operational capabilities may decrease as the level of charge power decreases. The rider acknowledges that the level of charge power in the scooter at the time of rental is not guaranteed and may vary based on several factors, including road conditions, weather conditions, and the rider's weight. It is the rider's responsibility to check the level of charge power in the scooter and ensure that it is adequate before initiating operation. The rider understands that the distance and/or time that the scooter may operate before losing charging power is never guaranteed, and the scooter may run out of charging power and/or cease to operate at any time during the rental, including prior to returning the scooter.
1.16.Rider Responsibility for Safety Check: Before operating the Vehicle, Rider must conduct a basic safety inspection to ensure the safe and proper operation of the Vehicle. The inspection includes checking the trueness of the wheels, the safe operation of all brakes and lights, the good condition of the frame, and the sufficient battery charge power. Rider must also inspect for any sign of damage, unusual or excessive wear or tear, or any other visible and obvious mechanical issues or maintenance needs. Rider agrees not to operate the Vehicle if there are any noticeable issues with the foregoing and to immediately notify Sunset Rides customer service of any such issues.
1.17.Vehicle Routes: Rider acknowledges and agrees that Sunset Rides does not provide or maintain designated areas for riding vehicles and does not guarantee the availability of safe riding areas. Roads, sidewalks, vehicle lanes, and vehicle routes may become hazardous due to weather, traffic, or other factors, and the rider assumes full responsibility for evaluating the safety of the riding area and taking appropriate precautions to ride the Vehicle safely.
1.18.Limitations on Availability: Sunset Rides endeavors to provide its services every day of the year but cannot guarantee availability at all times. Access to Sunset Rides services is subject to the availability of vehicles. Sunset Rides does not make any representations or warranties about the availability of its services or any particular vehicle at any given time. Rider acknowledges that Sunset Rides may require them to return a vehicle at any time and agrees to comply with such requests.
2. PAYMENT AND FEES
2.1.Fee structure: Rider can use the vehicle on a pay-per-ride basis or in accordance with the pricing offered on the Sunset Ride App. The payment will be charged to the Rider through their credit, debit card or another agreed payment method, as specified in this Agreement.
2.2.Promo Codes and Discounts: Promo codes for discounts are one-time offers and can be redeemed only via the Sunset Rides App. Sunset Rides reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
2.3.Credit and Debit Cards: To be registered to use the Sunset Rides Services, Rider must provide Sunset Rides with a valid credit or debit card number and expiration date. Rider represents and warrants to Sunset Rides that Rider is authorized to use any credit or debit card Rider furnishes to Sunset Rides. Rider authorizes Sunset Rides to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Sunset Rides. If Rider disputes any charge on Rider’s credit or debit card account, then Rider must contact Sunset Rides within 10 business days from the end of the month in which the disputed charge was incurred, and provide Sunset Rides with all information necessary to identify such disputed charge, including, but not limited to, the date of the rental, the Original Rental Location and the approximate start and end times of the rental. Rider agrees to immediately inform Sunset Rides of all changes relating to the card.
2.4.Recovery Charges: If you are unable to return a vehicle to the Original Rental Location, and you request that the vehicle be picked up by Sunset Rides staff, Sunset Rides in its sole discretion, may choose to charge you a pick-up fee up to $25.00 (the “Pick Up Fee”). If any vehicle rented under your account is abandoned without notice, you will be responsible for all rental fees until the vehicle is recovered by Sunset Rides and deactivated, in addition to any Pick Up Fee. All fees, including the Pick Up Fee, are subject to change.
2.5.Daily Rental Security Deposit: When a Rider rents a vehicle as a daily rental, Sunset Rides will charge a $50.00 refundable security deposit. If the vehicle is returned in the same condition as when it was initially rented, with the exception of normal wear and tear, the security deposit will be refunded to the Rider.
3. Termination of Service: Sunset Rides reserves the right to unilaterally terminate Rider's access to the Sunset Rides Services without notice or cause at its sole discretion. Rider may terminate their use of the Sunset Rides Services at any time; however, no refund is guaranteed to be provided by Sunset Rides as a result of Rider's termination, and Rider may still be liable for any applicable fees as per this Agreement. This Agreement shall remain in full force and effect following any termination of Rider's access to the Sunset Rides Services, regardless of who initiated the termination, be it Sunset Rides, Rider, or a third party.
4. Privacy and Collected Information: You acknowledge and agree that Sunset Rides will store all personal information related to Riders, including names, addresses, phone numbers, email addresses, passwords, payment details, and other data, in compliance with its privacy policy available at https://www.sunsetrides.rent/privacy-policy.
5. Image and Likeness: License to use Image and Likeness: In exchange for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You hereby give Sunset Rides and its affiliates, successors, and assigns Your full and unconditional consent to use Your appearance and voice in photographs, videos, and other recordings related to Your use of the Sunset Rides Services, without restriction, on all mediums, including websites, for all press, promotional, advertising, publicity and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity. You also grant Sunset Rides and its affiliates, successors, and assigns the right to photograph, videotape, and record Your appearance and voice related to Your use of the Sunset Rides Services at any time and from time to time, all rights, copyrights, title, and interests in the results of such photographs, videos and other recordings, as a work for hire for copyright purposes, and the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Sunset Rides may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising and publicity. By consenting to this agreement, You waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright or violation of any right granted by You.
6. Notice: Sunset Rides may be contacted by emailing [email protected]
7. Choice of Law; Dispute Resolution: This Agreement shall be governed by, construed and enforced in accordance with the laws of the jurisdiction where Sunset Rides conducts its business, without giving effect to any principles of conflicts of laws. In the event of any dispute arising out of or relating to this Agreement, each party shall bear its own costs and expenses, including reasonable attorney fees incurred in connection with resolving or settling such dispute. Each party consents to the exclusive jurisdiction of the courts located in the jurisdiction where Sunset Rides conducts its business, and waives any objection to venue in such courts.
8. BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
8.1.Initial Dispute Resolution: Sunset Rides provides Rider support through the Sunset Rides App to address any concerns you may have regarding this Agreement or Your use of a Vehicle (the "Sunset Rides Support Process"). Before initiating arbitration, the parties agree to conduct good faith negotiations through the Rider Support Process and make their best efforts to settle any dispute, claim, question, or disagreement.
8.2.Binding Arbitration: If the parties are unable to reach a resolution through the Sunset Rides Support Process, any disputes between the parties shall be resolved through binding arbitration before a single arbitrator, selected by the parties or appointed by the courts if they cannot agree. The arbitrator must be a licensed attorney with significant experience related to the subject matter of the dispute. The arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association but will not use the American Arbitration Association process and will take place in the location where Sunset Rides conducts its business. Each party will equally share the cost of the arbitrator, and each party will bear its own attorney's fees and expenses unless the arbitrator awards attorney's fees as damages. A party may seek interim relief in a court of competent jurisdiction. This section does not apply to actions for equitable relief or other remedies available under this Agreement.
8.3.Resolution: Arbitration shall be the sole and exclusive method for resolving any dispute arising from or related to the interpretation, enforceability, applicability, or formation of this Agreement, including any claims that any part of this Agreement is void or voidable or whether a claim is subject to arbitration. The decision of the arbitrator will be binding and enforceable on all parties and can be entered as a judgment in any court of competent jurisdiction.
8.4.Location: The arbitration shall be held in where business is conducted. If a dispute is deemed not subject to arbitration, You and Sunset Rides agree to submit to the personal and exclusive jurisdiction and venue of the courts where business is conducted. You also agree to accept service of process by mail, and waive any jurisdictional and venue defenses that may be available.
8.5.Class Action Waiver: The parties agree that any arbitration shall be conducted solely on an individual basis, and not as a class action or any other type of representative action. Both parties waive the right to file or participate in a class action or seek relief on a class basis. YOU AND Sunset Rides AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In the event that a court or arbitrator determines that the class action waiver in this paragraph is invalid or unenforceable, or that an arbitration can proceed on a class basis, then the above arbitration provision shall be considered null and void, and the parties shall not have agreed to arbitrate disputes.
8.6.Intellectual Property and Small Claims Court Claims. Although the parties have agreed to resolve disputes through arbitration, a party may still initiate legal action in state or federal court to safeguard its intellectual property rights. For purposes of this provision, "intellectual property rights" includes patents, copyrights, moral rights, trademarks, and trade secrets, but excludes privacy or publicity rights. Additionally, either party may pursue claims within the jurisdiction of a small claims court.
9. Waiver and Enforceability: Each breach of any provision of this Agreement shall be considered separate, and the waiver of one breach shall not constitute a waiver of any other breach or provision. All provisions of this Agreement are distinct from one another and severable, and the invalidity or enforceability of any provision shall not affect the validity or enforceability of any other provision of this Agreement.
10. Cumulative Remedies: The rights and remedies provided for in this Agreement are cumulative and nonexclusive. The use of one right or remedy shall not prevent the use of another or any other right or remedy available under the law.
11. Acknowledgment of Agreement Modification: This Agreement contains the complete, final and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider’s consent, Sunset Rides may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Sunset Rides Services after any amendment, modification or change, Rider has agreed to be bound by all such amendments, modifications and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications and changes. Whenever a change is made to this Agreement, Sunset Rides will post a notification on the Sunset Rides Site. The pricing set forth on the Sunset Rides Site or the Sunset Rides App supersedes all pricing set forth in this Agreement.
12. Agreement Contract Interpretation: The titles in this Agreement do not impact its interpretation. "Or" does not imply exclusivity. "Including" signifies "including, but not limited to." Unless the context demands otherwise, singular words and plural words include both singular and plural forms. All pronouns encompass the masculine, feminine, and neuter forms.
13. Voluntary Execution of this Agreement: This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part of, or on behalf of, Sunset Rides. Rider acknowledges that they (i) have read this Agreement; (ii) understand the terms, conditions, and consequences of this Agreement, including the releases contained herein; and (iii) are fully aware of the legal and binding effect of this Agreement.
14. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK: In consideration of Rider being permitted to use Sunset Rides services, vehicles, and any other equipment or related information provided by Sunset Rides, Rider agrees to fully release, indemnify, and hold harmless (i) Sunset Rides and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, professionals; (ii) rental location property owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and professionals; (iii) to the fullest extent permitted by law, any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide Sunset Rides services; and (iv) every sponsor of any of the Sunset Rides services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, professionals, successors, and assigns, (collectively, the “Released Persons”) from liability for all “Claims” arising out of, or in any way related to, Rider’s use of the Sunset Rides services, vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct.
The purpose of such releases is to effectuate general and complete releases of all Claims. For the avoidance of doubt, "Claims" shall collectively refer to any and all claims, injuries, demands, liabilities, disputes, causes of action (whether statutory, contractual, negligence- based, or arising under any other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including reasonable attorney’s fees and costs, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, those for personal injury, wrongful death, property damage, and injury to Rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (i) any of the Sunset Rides Services, including any of the Vehicles, placement, equipment, maintenance, related information, or this Agreement; or (ii) Rider’s use of any of the foregoing.
Rider acknowledges and fully understands that utilizing any of the Sunset Rides Services, Vehicles, and associated equipment exposes Rider to obvious and unforeseeable risks, dangers, and hazards that may result in injury, death, or property damage to Rider or others. Such risks, dangers, and hazards include, but are not limited to, the following: objects, vehicles, and pedestrians; traffic; equipment malfunction or failure; road and weather conditions; Rider's failure to comply with applicable laws or regulations governing Vehicle use as per Section 1.6; Rider's commission of any prohibited acts as outlined in Section 1.7; Rider's failure to conduct the requisite safety checks as per Section 1.16; Rider's failure to wear a helmet, irrespective of whether it is mandatory under the law; and the negligent acts or omissions of Sunset Rides, any other Released Person, Rider or third party. Rider accepts full responsibility for any and all harm or damage caused by Rider's use of the Sunset Rides Services and/or any related equipment that is part of or connected with the Sunset Rides Services, whether such harm is inflicted on Rider or others. Rider is exclusively liable for the safe operation of the Vehicle at all times. Rider agrees that the Vehicle is a machine that may malfunction, despite being adequately maintained, and such malfunction may result in injury. Rider accepts complete responsibility for utilizing the Sunset Rides Services, including, but not restricted to, any connected risks, dangers, and hazards related to or arising from Rider's use of the Sunset Rides Services, and Rider further acknowledges that Sunset Rides is not responsible for any injury, death, damage, harm, or expenses incurred as a result of Rider's utilization of the Sunset Rides Services.
By signing this waiver or accepting or Terms and Conditions, I acknowledge that I have read and understood the terms of this liability waiver and agrees to abide by all rules and regulations set forth herein. I certify that am at least 18 years of age. I also acknowledge that I voluntarily assume all risks associated with the use of the rented scooter and releases Sunset Rides and its officers, employees, and agents as well any rental location and its officers, employees, and agents from any and all liability for personal injury, property damage, or wrongful death arising out of or in connection with the use of the rented scooter. I hereby certify that I expressly agree to the terms and conditions set forth in Section 14, which includes the Releases, Disclaimers, and Assumption of Risk. I fully understand and acknowledge that by signing this waiver or accepting or Terms and Conditions, my legal rights and remedies are limited. I intend for my agreement to be a complete and unconditional release of all liability to the fullest extent permitted by law.