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Rental Agreement/Waiver and Release of Liability

Mobi Scooters LLC 

1401 Hermosa Ave. Hermosa Beach, CA 90254

(310) 374-4050

 

Mobi Scooters LLC and its employees reserve the right to refuse service to anyone at any time.

 

 

PLEASE READ THIS AGREEMENT CAREFULLY, IT SETS FORTH THE LEAGLLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

 

IN CONSIDERATION OF the risk of injury that exists while participations in the Services (defined below), provided by Operator (defined below) Operator requires that You (“Rider,” “You,” or “Yours”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Wavier of /Liability and Releases. 

For purposes hereof, “Operator” shall mean Mobi Scooters LLC.

The services provided by Operator include, among other things, (1) the rental and/or use of the electric vehicles it operates (whether owned or leased) (“Vehicle” or “Vehicles”), and (2) all other related equipment, support, services, and information provided or made available by Operator (collectively, the “Services”). 

You further understand and agree that all personal information that is held by Technology Services Provider and pertains to Riders, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Technology Services Provider in accordance with its Privacy Policy. 

Where Mobi Scooters LLC. is the Technology Service Provider, please refer to its Privacy Policy located here: https://mobiscooterrentals.com/privacypolicy

You should CAREFULLY READ all terms and conditions before entering into this Agreement.

IN CONSIDERATION of Riders desire to participate in use and operation of Vehicle and being given the right to participate in same;

RIDER HERBY, release for yourself, family, heirs, agents, affiliates, representatives, successors, and assigns (hereinafter collectively, “releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAVIER AND RELEASE OF LIABILITY and herby waive any and all rights, claims or causes of action of any kind arising out of my participating in the services provided by Operator; and

RIDER HERBY release and forever discharge Operator activity of rental of personal electric scooters organized by Operator, of 1401 Hermosa Ave, Hermosa Beach, CA, 90254 and/or use of the property, facilities and services of Operator, I agree for myself and (if applicable) for the members of my family, to the following: 

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Operator, or the employees, representatives, or agents of Operator. 

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Operator for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Operator, whether caused by the fault of myself, my family, Operator or other third parties. 

3. INDEMNIFICATION. I agree to indemnify and defend Operator against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's personal electric scooter rentals in Hermosa Beach and the surrounding cities. 

4. FEES. I agree to pay for all damages to the facilities of Operator caused by any negligent, reckless, or willful actions by me or my family. 

5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law. 

6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Operator has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. 

7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter 

of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect. 

8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. 

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. 

RIDER VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED SERVICE PROVIDED BY OPERATOR ENTIRELY AT YOUR OWN RISK. RIDER IS AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PHYCOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMEANT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. RIDER UNDERSTAND THAT THESE INJURES, OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE OPERATOR LOCATION(S). NONETHELESS, RIDER ASSUME ALL RELATED RISK, BOTH KNOWN AND UNKNOWN TO RIDER, OF RIDER’S PARTICIPATION IN SERVICES PROVIDED BY THE OPERATOR.

RIDER FURTHER agree to indemnify, defend and uphold harmless the releases against any and all claims suits or actions of any kinds whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including attorney’s fees and any related costs.

RIDER FURTHER acknowledge that the operator is not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Operator. In the event that I should require medical care or treatment, I authorize Operator to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. 

RIDER HERBY ACKNOWLEGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND HAVE FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. RIDER EXPRESSLY AGREE TO RELEASE AND DISCHARGE OPERATOR AND ALL ITS AFFILIATES, MANAGERS,MEMBERS,AGENTS,ATOORNEYS,STAFF,VOLUNTEERS,HIERS,REPRESENTATIVE,PREDECESSORS,SUCCESORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTION AND RIDER AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT RIDER OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST OPERATOR FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statue or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Operator, agents, and employees.

Rider agrees that this Release shall be governed for all purposes by California law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In the event that any damages to equipment or facilities occurs as a result of Rider or Rider’s family’s or agent’s willful action, neglect or recklessness, Rider acknowledges and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness, 

Rental Terms and Agreement

Participants must read and sign the Release from Liability Agreement and Rental Rules and Guidelines prior to rental.

1.       A credit card and valid driver’s license or passport is required for rental deposit. 

2.       Helmets and maps are provided for free with rental. 

3.       Participants younger than 18, must be accompanied by an adult; the agreement must be signed by the parent/guardian releasing the Company from liability. 

4.       Participants must be in good health, be able to operate, control and balance the equipment at the time of rental. Please consult your physician. 

5.       Participants are responsible for the rental equipment from the time the equipment is rented until the time it is returned, including damage and theft of rental equipment. 

6.       Rental equipment is due back on the date/time agreed upon by the Company and the rider(s). 

7.       Participants must inform The Company if the equipment is damaged or not working properly. 

8.       Participants must comply with all traffic laws and ride with caution. 

9.       All rental sales are final and non-refundable after parties leave the premises.   
 

 

*READ CAREFULLY* Deposits, Payment, Reservations, Cancellation and Refund Policy: 

We accept cash and all major credit cards for payment.

Late returns are subject to additional charges and late fees.

Damaged equipment is subject to repair costs.

If the rental period is extended, the undersigned authorizes the Company to charge the credit card on file for monies due without the cardholder present.

If the bicycle(s) is returned in the condition in which it was lent, your account will only be charged the rental costs.

If the bicycle(s) is returned in with damages, your account will be charged for the damages incurred during the rental period.

Once the rider(s) agrees to the riding terms, is fitted and receives riding instructions, signs the rider agreement, and departs on the bike, no refunds will be issued.

1.       Lost or damaged lights will result in a $30 replacement charge. Damaged baskets will result in a $35 replacement charge. Damaged seats will result in a $50 replacement charge. Lost or damaged keys will result in a $50 replacement charge. Lost or damaged locks will result in a $100 replacement charge. 

2.       If the rental vehicle is stolen, your account will be charged for the item at our cost. 

3.       A $150 cleaning fee will be charged to your account for vehicles that require special cleaning to return to service line i.e. excessive sand, mud, water, decorations. etc. In addition, driving a vehicle on the sand or through water may cause damage to the motor or wheels, resulting in a charge of $1000 or more. 

Rental Rules and Safety Guidelines 

PLEASE DO: 

1.       Ride in designated bike or scooter lanes and/or paved electric bikes or electric scooters trails when available. 

2.       Ride in the same direction of traffic, not against the direction of traffic. 

3.       Use provided water bottle cages and bring water with you. 

4.       Be aware of parked cars as doors may open into street. 

5.       Always look over shoulder before making turns or changing lanes. 

6.       Use provided bungee with rack and affix belongings securely, so straps do not impede wheel or get caught up in wheel. 

7.       Carry photo ID at all times. 

8.       Carry health insurance information and any travel insurance at all times. 

9.       Ride with a friend or in a group. 

10.      Use recommended routes to automobile traffic and ensure safety. 

11.      Have Fun! 

PLEASE DO NOT: 

1.       Use electric bikes or electric scooters for off-road riding including beaches and dirt trails. 

2.       Allow use at any time by any individual younger than 18 years of age. 

3.       Use any electric bike or electric scooter if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the electric bikes or electric scooters. 

4.       Operate an Electric bikes or electric scooters while carrying any item that impedes Rider’s ability to safely operate the Electric bikes or electric scooters. 

5.       Operate an Electric bikes or electric scooters while attempting to exercise your pet (IE Walk the dog) 

6.       Operate an Electric bikes or electric scooters while under the influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the Electric bikes or electric scooters. 

7.       Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts rider from the safe operation of the Electric bikes or electric scooters. 

8.       Wear a headset covering, earplugs in, or earphones covering, resting on, or inserted in, both ears, while riding. 

9.       Allow any other person to use the Items or allow more than one person to be carried on the Electric bikes or electric scooters. 

10.      Overfill the Electric bikes or electric scooters basket or place objects weighing in total more 20 pounds in the Electric bikes or electric scooters basket. 

11.      Violate any applicable federal, state, or local law. 

12.      Operate or use an Electric bikes or electric scooters in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms. 

13.      Ride or operate an Electric bikes or electric scooters that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair. 

14.      Continue using the Electric bikes or electric scooters if it, or any component of it, should become defective or malfunction 

15.      Use the Electric bikes or electric scooters for racing, tricks riding, jumping, stunt riding. 

16.      Use the Electric bikes or electric scooters for any commercial purposes. 

17.      Tow, pull, carry or push any person or object with a Electric bikes or electric scooters. 

18.      Remove or modify any accessories, parts or components of any Electric bikes or electric scooters. 

12.      Ride the Electric bikes or electric scooters without paying applicable user fees at the time they become due.

RENTAL REQUIREMENTS 

1.       Carefully inspect the electric vehicle that Rider wishes to rent prior to use to ensure the Electric bikes or electric scooters is good operating condition. 

2.       Test the Electric bikes or electric scooters operating components before proceeding with the intended use, including, but not limited to the brakes, tires, gears, pedals, lights, frame and saddle.  

3.       Promptly notify Operator customer service of any defect, malfunction or needed repair to a Electric bikes or electric scooters. 

4.       Adjust saddle to proper height prior to operating the Electric bikes or electric scooters. 

5.       Adjust Electric bikes or electric scooters riding behavior for safe operation according to weather conditions. 

6.       Adjust Electric bikes or electric scooters riding behavior so that it is that of a reasonably experienced and prudent electric bikes or electric scooters rider. 

7.       Contact Operator and local Police immediately in the event of theft of the Electric bikes or electric scooters or an accident that occurred during Rider’s use of the Electric bikes or electric scooters resulting in bodily injury.

RESTRICTED USES 

Rider shall not do any of the following acts: 

1.       Use any Electric bikes or electric scooters if Rider is younger than 18 years of age. 

2.       Use any Electric bikes or electric scooters if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the Electric bikes or electric scooters. 

3.       Operate a Electric bikes or electric scooters while carrying any item that impedes Rider’s ability to safely operate the Electric bikes or electric scooters. 

4.       Operate a Electric bikes or electric scooters while under the influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the Electric bikes or electric scooters. 

5.       Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts Rider from the safe operation of the Electric bikes or electric scooters. 

6.       Allow any other person to use the Electric bikes or electric scooters or allow more than one person to be carried on the Electric bikes or electric scooters. 

7.       Overfill the Electric bikes or electric scooters basket or place objects weighing in total more 20 pounds in the Electric bikes or electric scooters basket. • Violate any applicable federal, state, or local law. 

8.       Operate or use an Electric bikes or electric scooters in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms. 

9.       an Electric bikes or electric scooters that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair. 

10.      Continue using the Electric bikes or electric scooters if it, or any component of it, should become defective or malfunction. 

11.      Use the Electric bikes or electric scooters for racing, tricks riding, jumping, stunt riding and/or, off-road riding. 

12.      Use the Electric bikes or electric scooters for any commercial purposes. 

13.      Tow, pull, carry or push any person or object with an Electric bikes or electric scooters. 

14.      Remove or modify any accessories, parts or components of any Electric bikes or electric scooters. 

15.      Ride the Electric bikes or electric scooters without paying applicable user fees at the time they become due. 

YOU HAVE READ THIS DOCUMENT AND UNDERSTAND IT. YOU FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, YOU VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

THIS AGREEMENT AND WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF RIDERS PARTICIPATION IN SERVICES PROVIDED BY THE OPERATOR, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATIN. 

RIDER ACCEPTANCE OF AGREEMENT

I certify that I have read and expressly agree to the terms and conditions of Section 15 Releases; Disclaimers; Assumption of Risk, 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 familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.

I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride a Vehicle with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Signature*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Signature*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Signature*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Signature*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Signature*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Signature*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Signature*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Signature*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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