Between GoCar Rentals Inc, their agents, owners, officers, volunteers, participants, employees and collectively referred to as “GCR”, “Us”, and “We”. AND “Renters”, “I” and “You” and defined as a Participant 1, the Primary Driver, or both Participants as Driver(s) and a Passenger. Both Driver(s) and Passenger(s) agree to read this Rental Agreement / Liability Waiver / Activity Guidelines and to follow all subsequent instructions given by GoCAR staff and video material I / We, the undersigned participant(s) agree as follows; 1. AGREEMENT TO PARTICIPATE By participating in the GoCAR activity you are acknowledging the inherent risk and agree to follow instructions given by GoCAR and also follow road rules so to manage the risk of your participation. ACTIVITY GUIDELINES & GENERAL INFORMATION AND EXPECTATIONS 1. All drivers must be over 21 years of age. Passengers must be 4 years of age or older and must safely fit into one of our DOT approved helmets(as determined by the renter). All Drivers’ must be identified at check-in and must present a valid drivers’ license. Any person not listed as a driver is prohibited from driving. Only the person(s) listed on this rental agreement are permitted to travel in the GoCar. 2. If you encounter any mechanical issues with the GoCar – or if you have any issues with the GPS system, contact our customer support team at the time of occurrence. If any issue occurs during the initial “test loop” or in the area of your departure location, return to the location if able and if safe to do so. 3. GoCar has the right to refuse renting to any individual for any reason involving the inability to read and understand the rental agreement and liability waiver, inability to understand the safety information - or any individual or group disrupting the normal conduct of business or demonstrating an inability or unwillingness to operate the vehicle in safe and responsible manner. 4. GoCar facilities are continuously monitored and recorded. Video is taken and images are captured utilizing various media including CCTV, tablet cameras, phone cameras and webcams. All areas of the facility are covered including rental offices and vehicle launch, return and storage areas. 5. All California road rules apply. A printed copy of these rules is available for review at all GoCar locations. The GoCar should not be driven faster than 30 miles per hour or a safe speed for current driving conditions, whichever is less. While overall a very stable vehicle, the car may tip over if driven recklessly or improperly. 6. California law requires all Renters to wear correctly fitting DOT approved helmets - fastened with strap - and seatbelts AT ALL TIMES while driving the vehicle. 7. You must report all accidents, theft, collisions, and vandalism immediately to GoCar and the police as soon as they occur or as soon as you discover them. You agree to complete a signed Accident Report form in the event of an incident. 8. Renters are not permitted to drive the Vehicle on any freeway or across any bridge (including the Golden Gate Bridge or San Francisco / Oakland Bay Bridge) - or on any sidewalks or in bike lanes. GOCAR DAMAGE SCHEDULE 9. GoCar provides a list of repair or replacement costs for various parts of the vehicle. This damage schedule is available for review at the rental counter. Renters are encouraged to review the damage schedule to assist in making an informed decision about managing your risk in the event of an accident. SECURITY DEPOSIT 10. A security deposit is required at the time of rental. The amount of the deposit will vary depending if an optional Collision Damage Waiver (CDW) or Supplemental Liability Insurance (SLI) is selected. The security deposit is placed either on a credit card or debit card, and is in the form of an authorization (sometimes referred to as a hold). The security deposit is not a charge but a confirmation from your bank that there is an appropriate amount of credit available for the rental. An authorization is not a charge, therefore you will not see a corresponding credit on your bank statement. Some banks may send an email or text alert that makes the authorization look like a charge when in fact it is not. The authorization is automatically released by us when the vehicle is returned. The time it takes for your bank to release the authorization may take 1-2 banking days. Each bank is different. Debit cards and international credit cards may take longer for the authorization to be released. OTHER FEES $30.00 Lost or damaged keys $50.00 Cleaning fee for excessively dirty vehicle $100.00 Abandonment of Vehicle (Tow Fee) $1.00 Late fee per minute after location closing time $20.00 Administration fee for processing unreported tolls or parking citations – in addition to the toll / citation amount due $100.00 Bridge crossing retrieval fee $100.00 Lost or stolen GPS device ACTIVITY GUIDELINES ACKNOWLEDGEMENT: I / WE agree to the above Activity Guidelines I Agree 2. HEALTH & SAFETY CERTIFICATIONS
SAME HOUSEHOLD CERTIFICATION
To comply with social distancing rules, the two participants in the GoCAR MUST reside in the same household. Therefore, you are asked to certify that this is the case
100% DIGITAL BOOKING PROCESS
To comply with social distancing rules, our rental agreement process will be 100% digital. There will be no in-store interaction with our staff. Plus all rentals require a prepaid-booking in advance with a credit card. You agree that this credit card will be used to settle all charges in the rental contract, the Security deposit, and to settle any final amounts owed at the end of your rental. You will receive a final invoice via email after your rental. You will receive no paper invoice.
CONTACTLESS CONTRACT PROCESS
To comply with social distancing rules, you agree to complete the contract formation process PRIOR to arriving at the retail store and there will only be "curbside pickup" of your vehicle, whereby you are
taken to your vehicle, you watch our safety video, then depart.
MULTIPLE CAR GROUPS
To comply with social distancing rules, if you are departing as a multicar group, then you agree to comply with social distancing rules, when out exploring in the city. This means you will wear a face mask as
needed and remain six feet apart from those GoCAR riders NOT in your household. If there is a mechanical issue or GPS issue with any of the cars, you must call our support number. We will stop the rental
time of that vehicle as well as a 2nd vehicle while we try to resolve the issue or bring out a replacement GoCar. Please note that we are unable to stop the time on all the cars of a group
WET WEATHER ADVISORY
When the streets are wet in San Francisco, is it very important that you take care when traversing cable car and tram tracks and underground transit grates. It is advised that you minimize contact with cable car tracks, tram tracks, drain covers and any other metal surface that is present in the roads surface, as these can be extremely slippery. If your wheels touch the tracks you can quickly lose control of the GoCar. It is best to avoid crossing the tracks.
EVENTS / ROAD CLOSURES / CITY TRAFFIC
From time to time, the City of San Francisco will hold special events that cause street closures and increased traffic around the city. There are also various major construction projects that require street closures
and detours. Commute traffic in the afternoons can be heavy. GoCar has no control over these events and any associated road closures, detours or traffic conditions. We do our best to inform you of known
street conditions and traffic issues associated with the tour routes. You are ultimately responsible for your navigation, and if a closure or detour is encountered, you are responsible for the re-routing yourself
around the issue. GPS system in the car is for informational purposes only and not designed to provide directions when off the tour route. HEALTH & SAFETY CERTIFICATIONS ACKNOWLEDGEMENT I / WE agree to the above HEALTH & SAFETY Guidelines I Agree 3. TERMS & CONDITIONS 1. Definitions. "Agreement" means all terms and conditions found within this document. "You" or "your" means the person identified as the renter, Participant, Participant(s), Participant 1, Participant 2, any Authorized Driver, Passenger, Authorized Driver and Passenger together, any person signing this Agreement, and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means GoCar Rentals Inc, GCR, their agents, owners, officers, volunteers, participants, or employees. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver's license and, is at least 21 years of age unless the age restriction is changed elsewhere in this Agreement. "Vehicle" means the motorcycle identified in this Agreement and any motorcycle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. 2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. To the greatest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. 3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. You agree that any delay in return caused by inclement weather, traffic, or closed roads shall be your responsibility and you agree to pay any additional fees resulting from such delay in return. If the Vehicle is returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. 4. Responsibility for Vehicle Damage or Loss; Except for ordinary wear, you are responsible for: (a) physical and mechanical damage to the Vehicle resulting from collision up to the fair market value of the Vehicle as determined in the customary market for the sale of the Vehicle, regardless of the cause of the damage; (b) loss due to theft of the Vehicle up to its fair market value, provided that you failed to exercise ordinary care while in possession of the Vehicle; (c) physical damage to the Vehicle up to its fair market value, as determined in the customary market for the sale of the Vehicle, resulting from vandalism occurring after, or in connection with, theft of the Vehicle, provided that you have responsibility for theft of the Vehicle; (d) physical damage to the Vehicle up to a total of $500 resulting from vandalism unrelated to a theft of the Vehicle; (e) actual charges for towing, storage and impound fees paid by us if you are liable for damage or loss; and, (f) an administrative charge that includes the cost of appraisal and all other costs and expenses incident to the damage, loss, repair, or replacement of the Vehicle. 5. Prohibited Uses. The following uses of the Vehicle are prohibited and constitute breaches of this Agreement. The Vehicle shall not be used by anyone other than you. You will not operate the Vehicle: (a) while under the influence of any drug or alcohol; (b) if you obtained the Vehicle by giving us false, fraudulent or misleading information; (c) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (d) to carry a person other than you; (e) in any race, speed test or contest; (f) to carry dangerous or hazardous items or illegal materiel; (g) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement; (h) on unpaved surfaces; (i) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; or, (j) after an accident with the Vehicle unless and until you summon the police to the accident scene. 6. Insurance. See Below 7. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. 8. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. 9. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. 10. Venue. This Agreement shall be construed under the laws of the State of California. 11. Arbitration and Class Action Waiver. You agree that you will only sue us or bring an action against us in arbitration as an individual. You agree that you will not file a class action against us, or participate in a class action against us. You and we agree that any dispute between you and us arising under or related to the Agreement can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association ("AAA"). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. Each party irrevocably and unconditionally agrees to arbitrate any disputes in San Francisco, CA, and submits to the exclusive jurisdiction of the courts located in San Francisco, CA. 12. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. TERMS AND CONDITIONS ACKNOWLEDGEMENT: I / We agree to the above Rental Agreement Terms and Conditions. I Agree 4. LIABILITY WAIVER ACKNOWLEDGEMENT OF RISK 1. Renters are responsible for all damage or loss they cause to themselves or others. Renters accept the risk of participation in the GoCar activity. You are consenting to the inherent risk of renting a GoCar and driving the streets of a major metropolitan area. While driving, you may encounter other vehicles, bicycles, pedestrians, variances in terrain and road conditions, and other possible hazards not listed here. 2. Drivers MUST be 21 years or older with valid driver’s license. Renters MUST watch the safety video and/or receive an “at vehicle” safety briefing from a GoCar staff person. 3. Renters agree to provide liability, collision and comprehensive insurance covering you, us (GCR), and the Vehicle. If we are required by law to provide liability insurance on the GoCar, we will provide a liability insurance policy (the “Policy”) that is excess to any other available and collectible insurance whether primary, excess or contingent. Your insurance is primary to any insurance that we may provide. NOTE - If you DO NOT have motorcycle insurance or are unsure if your insurance will cover you, an optional Collision Damage Waiver (CDW) or Supplemental Liability Insurance (SLI) is offered. 4. The Vehicle Liability Policy that we will provide has liability coverage with limits no higher than the minimum financial amounts required the law of the State whose laws apply to the loss (State of California: $15K/$30K/$5K). You and we reject medical payments, no-fault, and uninsured and under-insured motorist coverage, where permitted by law. 5. The GPS system is provided to be used as a tour guide only and is for the entertainment of the Driver and Passenger. It is offered without charge. GCR does not warrant the accuracy or safety of the GPS system or the use thereof, and GCR is not liable for any injuries or damages sustained as a result of the use of the GPS system. LIABILITY WAIVER TERMS AND CONDITIONS ACKNOWLEDGEMENT: I / WE agree to the above Liability Waiver Terms and Conditions. I Agree Renters agree to use the said vehicle in a careful and prudent manner, and understand I may be liable to reimburse GCR for the full cash value of the vehicle or for repairs, in the event the item is lost, destroyed, stolen, or damaged. Renters agree to indemnify and hold harmless GCR from any loss, cost and expense resulting from injuries to person, including death and damage to property arising from the use of the GoCar. Renters further more agree not to loan, sub-let, mortgage, or in any other manner dispose of said item without written consent of GCR. Additionally, Renters agree that any driver will be 21 years of age or older and that all participants will watch a safety video and/or receive an “at vehicle” safety briefing from a GCR representative. Renters are advised that helmets and lap belts must be worn at all times when operating the GoCar, a motorcycle-type vehicle. I / We have had sufficient opportunity to read this Rental Agreement / Liability Waiver / Activity Guidelines and agree to all of its Terms and Conditions. DRIVER (PARTICIPANT 1) SIGNATURE: PASSENGER (PARTICIPANT 2) SIGNATURE - if 18 years of age or older. If traveling solo (i.e no passenger), place an "X" in the signature box: Primary Driver (Participant #1) - please complete your demographic information from your Driver's license below: | 