Leasee Agreement, Waiver of Liability and Release
Effective Date: June 1, 2024
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
In consideration of the Lessee’s use of any of the Services (defined below) provided by Tour de Coast, Electric Rides, LLC d/b/a Tour de Coast and Tour de Coast’s affiliates, including individual members and location partners (collectively “Tour de Coast”), Tour de Coast requires that You (“Lessee”, “,” “You,” or “Your”) (acting for all of Lessee’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Rental/Lease Agreement, Waiver of Liability, and Release (“Agreement”).
The services provided by Tour de Coast include use of: (1) Tour de Coast’s mobile application (the “Application”) and website, (2) Tour de Coast’s electric vehicles (“Vehicle” or “Vehicles”), (3) discretionary charging of the Vehicle, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by Tour de Coast (collectively, the “Tour de Coast Services”).Lessee has been advised to carefully read all terms and conditions before entering into this Agreement. Lessee acknowledges that Lessee has been provided with, has read, and expressly agrees to the terms set forth in this Agreement (“Terms”) when creating an account with Tour de Coast for use of Vehicles. The Terms can also be found at www.tourdecoast.com.
THIS LEASE AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT LESSEE’S LEGAL RIGHTS AND REMEDIES.
Tour de Coast expressly agrees to lease the electric vehicle to Lessee, and Lessee expressly agrees to comply with and adhere to the terms and conditions to this Agreement as se 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 LEASE AND USE OF VEHICLE
1.1 Lessee is the Responsible User. Tour de Coast and the Lessee are the only parties to this Agreement. In the event the Lessee permits other persons who are at least 14 years of age or older to operate any leased vehicle, Lessee is primarily responsible for ensuring compliance with all Terms and conditions contained herein. Lessee may rent up to 4 Vehicles at a time and permit their child, who is at least 14 years old and capable of safely operating the leased Vehicle, to use one of the rented Vehicles. Individuals utilizing a Vehicle rented via Lessee’s account shall be herein referred to as a “User” or “Users.” Lessee is solely responsible for the conduct and adherence to these Terms by any User, and, for the avoidance of doubt, each User is expected to adhere to all Terms that apply to Lessee. Allowing others to use a Vehicle who do not meet the competence criteria shall constitute a breach of this Agreement, and Tour de Coast may pursue any and all legal and equitable remedies available.
1.2 Lessee represents that He/She is At Least 18 Years. .
1.3 Lessee represents that He/She is a Competent Vehicle Operator. Lessee further represents and certifies that Lessee is familiar with the operation of the leased Vehicle and is reasonably competent and physically capable to operate the Vehicle. Information regarding Vehicle operation can be found here (www.tourdecoast.com). Tour de Coast reserves the right to update this information periodically. By choosing to operate a Vehicle. Lessee assumes all responsibilities and risks for any injuries or medical conditions to himself/herself or to any “User” operating a leased vehicle. Lessee expressly releases, to the fullest extent of the law, Tour de Coast from any and all potential claims in any court of competent jurisdiction due to injuries or medical conditions caused due to the actions and/or omissions of Lessee or any other “User”. Lessee is responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. Lessee is advised to adjust His/Her riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4 Vehicle is the Exclusive Property of Tour de Coast. Lessee agrees that the Vehicle and any equipment attached thereto, at all times, remain the exclusive property of Tour de Coast. Lessee must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other attached equipment in any way. Lessee must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. Lessee must not use a Vehicle or other attached equipment for any advertising or other commercial purpose without the express written permission of Tour de Coast. Any of the foregoing shall constitute a Breach of this Agreement.
1.5 Vehicle Operating Hours and Vehicle Availability.Lessee agrees and acknowledges that the Vehicles are NOT available 24 hours per day, 7 days per week, 365 days per year. Vehicles must be rented within the maximum rental time limits set forth below or as otherwise described in the rental application. The number of Vehicles is limited, and Vehicle availability is never guaranteed.
1.6 Vehicle May only be Used/Operated in the Geo-fenced area indicated on the Tour de Coast Application. Lessee agrees to only use, operate, and/or ride the Vehicle in permitted areas.
1.7 Lessee Must Follow Laws Regarding Use and/or Operation of Vehicle. Lessee agrees to follow all applicable laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including, but not limited to, all state and local laws and the rules and regulations pertaining to Vehicles in the area where Lessee is operating the Vehicle, including any helmet laws, if any. Lessee also agrees to act with courtesy and respect toward others while using any Tour de Coast Vehicle.
1.8 Prohibited Acts. Lessee agrees not to operate 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 Lessee chooses to carry such an item, Lessee agrees that Lessee will ensure the item fits snugly to Lessee body and does not impede Lessee s ability to operate the Vehicle safely. Lessee expressly agrees that Tour de Coast is not liable for any injuries and/or damage caused to Lessee or Lessee’s property should Lessee operate a Vehicle while carrying or holding a briefcase, backpack, bag, or any other item that may balance or impair safe operation of the Vehicle. Lessee shall not place heavy objects on the handlebar of the Vehicle, including, but not limited to, heavy backpacks or bags. While riding a Vehicle, Lessee will not use any cellular telephone, text messaging device, portable music player, or other device that could distract. Lessee from operating the Vehicle safely. Lessee will not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Lessee’s ability to operate a Vehicle safely. Lessee will not carry any heavy or abnormally large carry-on, second person or child on a Vehicle being operated by Lessee. Lessee may only use locking mechanisms provided by Tour de Coast. Lessee may not add another lock to the Vehicle or lock a Vehicle to anything. Lessee agrees to park a Vehicle in a lawful parking spot, in an upright position using the kickstand when not in use. Lessee agrees that the Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. Lessee 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. If Lessee undertakes any Prohibited Act as detailed in this Section, Lessee understands and acknowledges that Tour de Coast shall be released from liability for any and all injuries and/or damage caused to the Lessee’s person or property. Further, Lessee acknowledges and expressly agrees that if Lessee undertakes any Prohibited Act as detailed in this Section, Tour de Coast shall have the right to pursue any and all legal and/or equitable remedies in a court of competent jurisdiction against Lessee for any damage or other expenses caused to Tour de Coast by Lessee’s acts or omissions. For the avoidance of any doubt, Lessee understands and acknowledges that these prohibitions apply to any User, and that Lessee will assume all responsibility for damage caused by a User as a result of User’s engagement in any prohibited act.
1.9 Vehicle is Intended for Only Limited Types of Use. Lessee agrees that Lessee will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Lessee agrees that Lessee 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. agrees that Lessee 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. No Lessee or User may exceed the maximum weight limit of 300 pounds for the Vehicle.
1.11 No Tampering. Lessee must not tamper with, attempt to gain unauthorized access to, or otherwise use the Tour de Coast Services other than as specified in this Agreement.
1.12 Reporting of Damage or Crashes. Lessee must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to Tour de Coast immediately, but in no event more than 48 hours. If a crash involves personal injury, property damage, or a stolen Vehicle, Lessee shall file a report with the local police department immediately, but in no event more than 24 hours. Lessee agrees that Lessee 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. Lessee’s AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, Lessee SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT
1.13 Lessee Responsibility for Vehicle Use and Damage. Lessee agrees to return the Vehicle to Tour de Coast in the same condition in which it was rented, normal wear and tear excepted.
1.14 Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Lessee 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. Lessee understands and agrees with each of the following: the level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety). The level of charging power in the Vehicle at the time Lessee initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors. It is Lessee’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Lessee may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during Lessee’s rental of the Vehicle, including before reaching Lessee’s desired destination.
1.15 Charging of Vehicle. If the Vehicle runs out of charging power during a rental, Lessee shall conclude the ride in compliance with all terms of this Agreement. Alternatively, in Lessee’s sole discretion, Lessee may charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. Lessee agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Lessee is charging the Vehicle. Lessee agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that Tour de Coast will not reimburse for such. Consistent with Section 1.15, Lessee agrees that he/she is responsible and liable, to the fullest extent permitted by law, for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to charging of the Vehicle. By choosing to charge a Vehicle or allowing a User to charge a Vehicle Lessees assumes full and complete responsibility for all related risks, dangers, and hazards, and agrees that Tour de Coast and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by Lessee with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
1.16 Return of Vehicle. The Vehicle must be locked at the conclusion of the ride. If the Vehicle is not locked, the trip will continue, and Lessee will continue to be charged. The max charge for a single trip is $150 for 24 hours. For more details, please refer to Section 2.3 below. Upon conclusion of the ride, the Vehicle must be parked in a designated parking spot at a hub location, as indicated in the Application. The Vehicle cannot be parked on unauthorized 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. Lessee must promptly report any damaged or malfunctioning Vehicles to Tour de Coast via the Application or via email at support@tourdecoast.com.
Does the app instruct where they can return the Vehicle?
2. PAYMENT AND FEES
2.1 Fees. Lessee may use the Vehicle on a pay-per-ride basis or as otherwise in accordance with the pricing described in the Application. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Tour de Coast. Tour de Coast will charge the Lessee
(through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.
2.2 Promo Codes. Promo codes (discounts) are one-time offers and can be redeemed only via the Application. Tour de Coast reserves the right to modify, cancel, or reject 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 Maximum Rental Time and Charges. Maximum rental time is 10 hours. Lessee agrees that Lessee will deactivate the Vehicle rental within 10 hours of renting a Vehicle. Lessee may then rent again.Lessee agrees that Lessee is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle. The maximum day charge is $150.00 and is based on a calendar day. After the return of the Vehicle, Lessee will be charged the accumulated rental charges or the maximum day charge, whichever is less. Tour de Coast may charge an additional service fee of $50.00 for rentals that are not deactivated and/or returned within 10 hours from the start of rental. Vehicles not returned (i.e., locked with the ride concluded) within 48 hours will be considered lost or stolen, and Lessee may be charged up to $1,000.00 and a police report may be filed. Tour de Coast reserves the right to pursue any and all claims, in addition to the fees listed above in this Section, for a lost or stolen vehicle.
2.4 Valid Credit Card or Debit Card. To be registered to use the Tour de Coast Services Lessee must provide Tour de Coast with a valid credit or debit card number and expiration date. Lessee represents and warrants to Tour de Coast that Lessee is authorized to use any credit or debit card Lessee furnishes to Tour de Coast. Lessee authorizes Tour de Coast to charge the card for all fees incurred by Lessee. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Tour de Coast. If Lessee disputes any charge on Lessee’s credit or debit card account, then Lessee must contact Tour de Coast within 10 business days from the end of the card billing period at support@tourdecoast.com with the disputed charge, and provide to Tour de Coast all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. Lessee agrees to immediately inform Tour de Coast of all changes relating to the card on file with Tour de Coast. Failure to update a Lessee’s card information prior to renting a Tour de Coast vehicle, or using an invalid card, may result in an additional fee of $50.00.
2.5 Pick Up Fees. If Lessee is unable to return a Vehicle to a valid area (i.e. Lessee deactivates the Vehicle on private property, a locked community, or another unreachable area), and requests that the Vehicle be picked up by Tour de Coast, Tour de Coast, at its sole discretion, may choose to charge a pick-up fee up to $100.00. If any Vehicle accessed under a Lessee’s account is abandoned without notice, Lessee will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus the pick-up fee to recover the Vehicle. Fees are subject to change from time-to-time without notice.
Is this the replacement cost? I would charge up to the reasonable replacement cost of a Vehicle for a lost/stolen bike.
3. ADDITIONAL TERMS OF USE
3.1 Safety Check. Before each use of a Vehicle, Lessee shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Lessee agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service at support@tourdecoast.com to notify Tour de Coast of any problems.
3.2 Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 10 consecutive hours, (b) the Vehicle’s GPS unit is disabled, (c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, (d) the Vehicle moves more than thirty feet after a rental has ended and Tour de Coast believes such movement was not caused by another or authorized third party, or (e) other facts and circumstances that suggest to Tour de Coast in its reasonable, good faith determination that a Vehicle has been lost or stolen. Tour de Coast and Lessee agree that the last of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to Tour de Coast in its reasonable, good faith determination. If Tour de Coast deems a Vehicle lost or stolen, Tour de Coast shall have the authority to take any and all actions it deems appropriate (with respect to the last of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Lessee agrees the data generated by Tour de Coast’s computer is conclusive evidence of the period of use of a Vehicle by a Lessee. Lessee agrees to report Vehicle disappearance or theft to Tour de Coast immediately or as soon as possible at support@tourdecoast.com.
3.3 Helmets; Safety. Tour de Coast strongly encourages Lessee and any User accessing a Vehicle via Lessee’s account to wear a Snell, CPSC, ANSI, or ASTM-approved helmet that has been properly sized, fitted, and fastened according to the manufacturer’s instructions. Tour de Coast and all other Released Persons (defined below in Section 8) do not represent or warrant the quality or safety characteristics of any helmet, and Lessee agrees that none of the Released Persons is liable for any injury suffered by Lessee while using any of the Tour de Coast Vehicles or Services, whether or not Lessee is wearing a helmet at the time of injury. Lessee assumes all risk of not wearing a helmet or other protective gear. Lessee may need to take additional safety measures or precautions not specifically addressed in this Agreement.
3.4 Vehicle Routes. Lessee agrees that Tour de Coast does not provide or maintain places to ride Vehicles, and that Tour de Coast does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.
3.5 Limitations on Vehicle Rental. Lessee AGREES THAT TOUR DE COAST IS NOT A COMMON CARRIER. Alternative means of public and private transportation are available to the general public and to Lessee individually, including public buses and rail service, taxis, and pedestrian paths. Tour de Coast provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
3.6 Limitations on Availability of Tour de Coast Services. Tour de Coast makes every effort to provide Tour de Coast Services 365 days per year but does not guarantee that Tour de Coast Services will be available at all times, as unforeseen events or other circumstances might prevent Tour de Coast from providing the Tour de Coast Services. Access to Tour de Coast Services is also conditioned on the availability of Vehicles. Tour de Coast does not represent or warrant the availability of any of Tour de Coast Services or the availability of any Vehicle at any time. Lessee agrees that Tour de Coast may require Lessee to return a Vehicle at any time.
4. TERMINATION
4.1 Termination by Tour de Coast. At any time and from time to time, and without Lessee’s consent, Tour de Coast may unilaterally terminate Lessee’s right to use the Tour de Coast Services, in Tour de Coast’s sole discretion and without any notice or cause, to the extent permitted by applicable laws. Lessee may terminate Lessee’s use of the Tour de Coast Services at any time; furthermore (i) at its discretion no refund will be provided by Tour de Coast, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) Lessee may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Lessee’s right to use any of the Tour de Coast Services, regardless of how the Agreement is terminated.
5. CONFIDENTIALITY, PRIVACY, USE OF LIKENESS
5.1 Confidentiality of Information; Privacy Policies. Lessee understands and agrees that all personal information that is held by Tour de Coast and pertains to Lessee or a User, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information, will be kept by Tour de Coast in accordance with its privacy policy, which can be found at www.tourdecoast.com.
5.2 License to Image and Likeness. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessee does hereby knowingly, voluntarily, and irrevocably, for Lessee and on behalf of any User to the fullest extent permitted by law: (1) give full and unconditional consent to Tour de Coast and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Lessee’s or User’s appearance and voice in photographs, videos, and other recordings related to Lessee use of the Tour de Coast Services, on all websites and 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; (2) grant to Tour de Coast and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Lessee’s or a User’s appearance and voice related to Lessee’s or a User’s use of the Tour de Coast Services, at any time and from time to time, (b) 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 (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Tour de Coast may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 8) that Lessee has or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by Lessee, for itself or on behalf of a User, in this Section.
6. 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.
6.1 Initial Dispute Resolution. Lessee Support is available via the Application to address any concerns Lessee may have regarding your use of a Vehicle and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations. ADDRESSING CONCERNS VIA LESEE SUPPORT SHALL BE A CONDITION PRECEDENT TO EITHER PARTY INITIATING A MEDIATION, ARBITRATION, OR LAWSUIT.
6.2 Binding Arbitration. If the parties do not reach an agreed upon solution through the Lessee Support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. THE PARTIES UNDERSTAND AND AGREE THAT BINDING ARBITRATION SHALL BE THE SOLE MEANS TO RESOLVE CLAIMS, SUBJECT TO THE TERMS SET FORTH BELOW. THE PARTIES HEREBY ACKNOWLEDGE THAT THEY WAIVE THEIR RIGHT TO A TRIAL BY JURY FOR CLAIMS ARISING OUT OF THIS AGREEMENT AS SET FORTH BELOW, EXCEPT EQUITABLE CLAIMS IN A COURT OF COMPETENT JURISDICTION. Specifically, all claims arising out of or relating to use and rental of a Vehicle, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
6.3 Location. The arbitration will take place in Jackson County, Mississippi.
6.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. LESSEE AND TOUR DE COAST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN LESSEE’S OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
6.5 Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court of competent jurisdiction to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
6.6 Right to Opt Out. Lessee has the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Lessee’s decision to opt-out to the following address: 355 Porter Ave, Ocean Springs, MS. 39564. The notice must be sent within 30 days of the effective date or Lessee’s first use of the Service, whichever is later, otherwise Lessee shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If Lessee opts out of these arbitration provisions, Tour de Coast will neither be bound by them.
6.7 Changes to this Section. Tour de Coast will provide prior written notice of any changes to this Section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period. For any dispute not subject to arbitration, Lessee and Tour de Coast agree to submit to the personal and exclusive jurisdiction of Jackson County, Mississippi. Lessee further agrees to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available for out of state service of process.
6.8 Waiver and Severability. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable for any reason any other or others of them may be invalid or unenforceable in whole or in part. If a provision is found to be unenforceable or invalid for any reason, the remaining provisions shall still be valid and viewed in light of the Parties’ desire to be contractually bound by this Agreement.
Is this something you have in place?
7. GENERAL PROVISIONS
7.1 Notice. Tour de Coast may be contacted by emailing support@tourdecoast.com.
7.2 Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Mississippi. Tour de Coast and the Lessee (the “Parties”) understand and agree that Mississippi law shall apply for any and all disputes arising from this Agreement, and contractually waive choice of law provisions that may otherwise be applicable. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in litigating or defending any dispute or claim related to the enforcement of this Agreement or otherwise related to this Agreement in any way, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Mississippi and agrees that those courts have personal jurisdiction over each party.
7.3 Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
7.4 Final Agreement; Modification by Tour de Coast. 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 Lessee’s consent, Tour de Coast may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Tour de Coast Services after any amendment, modification, or change, Lessee has agreed to be bound by all such amendments, modifications, and changes. Lessee 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, Tour de Coast will post a notification on the website to the extent possible. The pricing set forth on the Tour de Coast website supersedes all pricing set forth in this Agreement.
7.5 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
7.6 Voluntary Execution of this Agreement. This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Tour de Coast. Lessee acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
8. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK
8.1 Releases, Disclaimers and Assumption or Risk. In exchange for Lessee being allowed to use Tour de Coast Services, Vehicles, and other equipment or related information provided by Tour de Coast, Lessee, for itself and on behalf of any User, agrees to fully release, indemnify, and hold harmless Tour de Coast and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and 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 Tour de Coast Services, and every sponsor of any of the Tour de Coast Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Lessee’s or a User’s use of the Tour de Coast 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 base on Released Persons’ gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to Lessee 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 (a) any of the Tour de Coast Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Lessee’s use of any of the foregoing. To the fullest extent permitted by law, and as to Lessee’s use of any of the Tour de Coast Services, Vehicles, or related equipment, Tour de Coast and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Tour de Coast Services, Vehicles, and related equipment are provided “as is” and “as available,” and Lessee relies on them at Lessee’s own risk. Lessee is aware that Lessee’s use of any of the Tour de Coast Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Lessee or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to: vehicles and other objects; pedestrians; traffic; Vehicle or component malfunction; road conditions; weather conditions; failure to follow applicable laws regarding use and/or operation of the Vehicle; commission of any of the prohibited acts listed herein; failure to perform the required safety check; failure to wear a helmet where required by law; and negligent acts or omissions by Tour de Coast, any other Released Person, Lessee, or third party. Lessee is solely and fully responsible for the safe operation of Vehicle at all times. Lessee agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Lessee assumes full and complete responsibility for all related risks, dangers, and hazards. To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Tour de Coast, the Released Parties, any Municipality or any other party (including a User). Lessee hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Lessee does not know or suspect to exist in his or her favor at the time of use of Tour de Coast Services, and expressly waives Lessee’s rights under any statutes that purport to preserve Lessee’s unknown claims.
ACCEPTANCE OF AGREEMENT
By creating an account with Tour de Coast, I certify that I have read and expressly agree to the terms and conditions of Section 8, and I acknowledge that this section 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, and that any User is, familiar with the operation of the Vehicle and am/are reasonably competent and physically fit to ride the Vehicle. I certify that I am the , I am 18 years old or over, I will wear a helmet and any other safety gear where required by law, I will not ride a Tour de Coast branded scooter with another occupant or an unreasonably heavy load, 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.
IMPORTANT !
Disclaimer
Are You Looking For An Affordable Bikes And Scooters Rental Service?
Tour De Coast is the first Micro-mobility E-share bike rental in the State of Mississippi. Customers will have the ability to rent an electric bike by the minutes,hour,half day and full day through the app. Our mission is to provide visitors and residents of the Mississippi Gulf Coast to have a chance to get outdoors, connect with loved ones, and enjoy are beautiful Gulf Coast getting great exercise on an electric bike.