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User Agreement
  1. PURPOSE AND TERM OF AGREEMENT

    This document constitutes the entire Agreement ("Agreement") between the person agreeing to participate as a bike user (hereinafter called "Rider") and The Regents of the University of California on behalf of the University of California, Irvine, ZotWheels program (hereinafter called "ZotWheels").

    This Agreement will remain in effect for one year from the date of Rider's acceptance unless terminated sooner by ZotWheels..

    NOTICE: By entering this Agreement, Rider is permitted certain limited use of bikes provided by ZotWheels. By participating, Rider also WAIVES and RELEASES certain rights and claims, and ACCEPTS certain responsibilities.

  2. GENERAL RULES OF USE

    1. Rider will release only one bike at a time from a ZotWheels station for his/her sole use.
    2. Rider is 18 or older.
    3. Rider certifies that he/she is a competent bike operator.
    4. Bike and any equipment attached thereto remains exclusive property of ZotWheels at all times. Rider will not modify the bike or equipment.
    5. Rider will use bike for general commuting purposes only and not for racing, mountain bike riding, stunt or trick riding. Rider will not use the bike for hire or reward, nor use it in violation of any law, ordinance or regulation.
    6. Rider will not use the bike on unpaved roads, through water, or in any location where bike riding is prohibited.

  3. FEES, OPERATION AND AVAILABILITY

    1. ZotWheels Operating Hours are from approximately Sunrise to Sunset. No bike can be rented after dark. . Bikes may be used seven (7) days a week, twelve (12) months per year. There are a limited number of bikes. There is no guarantee of bike availability.
    2. The permitted rental period will not exceed three (3) hours from the time the bike is released to the Rider, however if Rider’s permitted rental period will extend for any period after Sunset the Rider must use his/her own front and rear lights. Rider will return the bike to a ZotWheels station within the permitted rental time, or ZotWheels may assess a late fee. Once bike is returned, Rider may then immediately rent again if desired and it is not dark.
    3. Rider agrees to pay non-refundable membership fee (of $40.00), and if applicable any rental fees.
    4. Rental fees are subject to change throughout a Rider's subscription period. The fee requirement in effect at the time of the completion of Rider’s online Bike Rental Application shall take precedence over any subsequent change in price.
    5. Rider must return bike by ensuring that the bike is properly inserted into a ZotWheels station docking point within the permitted rental period set forth in paragraph 3.2. Rider must return the bike to another ZotWheels station if the desired endpoint ZotWheels station is full.
    6. If Rider fails to return bike within the permitted rental period, ZotWheels may: report bike as lost or stolen, retake possession of the bike, prohibit Rider from further participation in ZotWheels with or without notice and without refund.
    7. Rider must report a stolen or lost bike and/or ZotWheels subscription/user card to ZotWheels and UCI Police Department immediately. Any ZotWheels Card that is lost or rendered unusable may be replaced at the Riders's request and expense ($4.00).
    8. Rider will report any accidents and/or incidents (including theft or loss) within 24 hours of the incident and/or accident via the UCI online incident report available on the Risk Management Web site.
    9. Rider must not lend or transfer his/her ZotWheels subscription/user card, which remains the property of ZotWheels.
    10. Rider must return the bike to ZotWheels in the same condition received, ordinary wear and tear excepted. Rider must ensure that the bike is locked and secured when unattended. Bikes may be equipped with wire locks, however, ZotWheels will not be responsible for any lost, stolen, destroyed and/or damaged bikes, regardless of whether bike locks are used, broken and/or not properly functioning.
    11. Rider agrees to pay for any loss or damage to bike and equipment, even if it was caused by someone else, including payment for repairs and replacement parts, or the full replacement cost for bike and/or equipment if it is lost, destroyed, damaged beyond repair, or not returned to a ZotWheels station within 24 hours of the end of Rider's permitted rental period.

  4. SAFETY AND RESPONSIBILITY

    1. Rider will follow, and certifies that he/she is familiar with, all laws pertaining to the use of the bike, including all Campus, state and local laws and the rules and regulations pertaining to bicycles on Campus. To the extent Rider needs to review such information, Rider can go to www.bike.uci.edu.
    2. Helmets are not provided by ZotWheels but it is recommended that Riders purchase and wear a helmet when riding. If riding after sunset, Rider agrees to provide and use required front and rear bicycle lights.
    3. Rider will inspect and ensure that the bike is in proper working order BEFORE using the bike and will report any and all necessary repairs to ZotWheels immediately. Rider agrees to adjust bike seat, using the lever under the seat, to fit physique. Rider must ensure that the seat post is not extended beyond a safe level.
    4. Rider shall not use the bike if inspection and initial testing of the bike indicates any defect, damage or failure to operate as a normal bike, and if the bike should become defective during the use of the bike, Rider will cease use and call ZotWheels. ZotWheels may issue another bike to Rider at the nearest ZotWheels station, arrange to pick up the faulty bike, and/or provide other services, at the discretion of ZotWheels.
    5. Rider will not use a bike if he/she is under the influence of alcohol or drugs.
    6. Rider will not use a bike during rain or dangerous weather.
    7. Rider will not fill the front carrier/basket with items weighing more than 10 lbs.
    8. ider will not carry passengers, or pull or push anything with the bike.
    9. Rider is solely responsible for any violations, fines, fees or costs incurred by Rider during rental of the bike.

  5. INSURANCE, WAIVER LIABILITY, ASSUMPTION OF RISKS, AND INDEMNIFICATION

    1. No Insurance: ZotWheels does not provide any insurance to Rider covering property damage, personal injury, injury to others, or coverage of any kind.
    2. Waiver of Liability: In consideration of rental and use of the bike, Rider, for his/her self, heirs, personal representatives or assigns, does hereby release, waive, discharge, and covenant not to sue ZotWheels, its directors, officers, employees, and agents from liability from any and all claims including negligence of ZotWheels resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, Rider’s use of ZotWheels services, use and/or operation of bike and equipment.
    3. Assumption of Risks: Rider participates at his/her own risk. Rider understands that bicycling is a physical activity that by its very nature carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Riding a bike involves strenuous exertion and quick movements involving speed and change of direction which can place stress on Rider’s cardiovascular system and various muscle groups. Specific risks vary, but range from 1) minor injuries such as scratches, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions 3) catastrophic injuries including paralysis and death. Rider understands that bicycle protective gear such as helmets are not provided, but are recommended. Rider understands that such gear, even when used, does not eliminate the risk of injury in the event of an accident. Rider has read this paragraph and understands and appreciates these and other risks that are inherent in the activities made possible by participation in ZotWheels. Rider hereby asserts that his/her participation is voluntary and that he/she knowingly assumes such risks.
    4. Severability: Rider expressly agrees that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
    5. Indemnification and Hold Harmless: Rider agrees to INDEMNIFY AND HOLD HARMLESS The Regents of the University of California and ZotWheels from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees, brought as a result of Rider’s participation in ZotWheels and to reimburse ZotWheels for any such expenses incurred.

  6. OTHER TERMS AND CONDITIONS

    1. Governing Law: This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflicts of laws rules.
    2. Termination of Agreement: ZotWheels may terminate this Agreement at any time, with or without cause, legal process, or notice to the Rider. Rider waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. If terminated without cause ZotWheels agrees to refund a pro-rata membership fee, if applicable.
    3. No Waiver: ZotWheels' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by ZotWheels shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
    4. Severability: Each provision of this Agreement, including any exclusions, waiver, or limitations of liability, shall be construed separately, applying and surviving even if for any reason any provision in this Agreement is held to be inapplicable or unenforceable under any circumstances.
    5. Entire Agreement: This Agreement constitutes the entire Agreement between ZotWheels and Rider. ZotWheels shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on the ZotWheels Website: www.bike.uci.edu . Rider shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use of the bike by Rider following any modifications to this Agreement constitutes Rider's acceptance of the Agreement as modified.
    6. Acceptance and Acknowledgement of Understanding: Rider expressly acknowledges that he/she has carefully read and understands the entire Agreement, including but not limited the Terms and Conditions, Waiver of Liability, Assumption of Risks, and Indemnification and Hold Harmless provisions, and expressly agrees to be bound by this Agreement. Rider understands that he/she is giving up substantial rights, including his/her right to sue. Rider acknowledges that he/she is signing the agreement freely and voluntarily, and intends by his/her signature to completely and unconditionally release all liability to the greatest extent allowed by law.
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