BUBLR BIKES END USER LICENSE AGREEMENT
Bublr Bikes has worked hard to make this Agreement short and easy to understand. Please read it in its entirety. If you would like to negotiate the terms of this agreement you may do so by contacting Bublr at 414-931-1121, email@example.com, or via mail at PO Box 235 Milwaukee, WI 53201.
Rules of Use:
1.1 I understand that a “Bike” means any wheeled vehicle provided by Bublr that is propelled by feet or hands using pedals or cranks.
1.2 I may not enter into this Agreement unless I am of legal age to form a binding contract with Bublr OR my parent or legal guardian had read and accepted this agreement on my behalf.
1.3 In NO event is ANY individual under 14 years of age allowed to use a Bike.
1.4 As the person entering into this Agreement, I am considered the operator of the Bike.
1.5 If the Bike is capable of simultaneously carrying multiple users, I am responsible for ensuring that any other users are aware of and consent to the terms of this agreement.
1.6 If a Bike is not properly returned at the end of the ride, Bublr reserves the right to charge me up to $2,500 for each Bike that is not returned.
1.7 A Bike will be considered stolen, and a police report filed for all Bikes that are checked out for more than 25 hours.
1.8 I agree to comply with all local, state, and federal laws, statutes, and regulations regarding riding/using bicycles.
1.9 I certify and attest that I am a competent Bike operator, and that any other user is also a competent Bike operator. I am aware that training courses in safe Bike operation are available in the Milwaukee area and that Bublr Bikes strongly recommends the completion of such a training course before operating a Bike.
1.10 I understand that the baskets provided on Bikes are for light items only and should NEVER be used to carry humans or animals.
Waiver and Release of Liability:
2.1 I ACKNOWLEDGE THAT USE OF A BUBLR BIKE CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. I UNDERSTAND AND ASSUME ALL OF THE RISKS OF USING A BUBLR BIKE, INCLUDING BUT NOT LIMITED TO RISKS ARISING FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF BUBLR. I HEREBY ASSUME LIABILITY FOR ANY AND ALL MEDICAL EXPENSES INCURRED AS A RESULT OF USING A
BUBLR BIKE. IN CONSIDERATION FOR BEING ALLOWED TO USE A BUBLR BIKE, I
WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL LIABILITY BUBLR, AND ALL OF
BUBLR’S OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS.
2.2 INDEMNIFICATION/HOLD HARMLESS: I ON BEHALF OF ALL POTENTIAL CLAIMANTS, INCLUDING BUT NOT LIMITED TO, HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, INDEMNIFY AND HOLD HARMLESS BUBLR, AND ALL OF BUBLR’S OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS FROM ANY AND ALL LIABILITIES OR CLAIMS MADE BY OTHER INDIVIDUALS OR ENTITIES AS A RESULT OF ANY OF MY ACTIONS.
2.3 I EXPRESSLY AND SPECIFICALLY ASSUME ALL RISKS OF INJURY OR HARM IN CONNECTION WITH OR ARISING OUT OF THE USE OF ANY BUBLR BIKE.
2.4 THIS WAIVER AND RELEASE OF LIABILITY SHALL BE CONSTRUED BROADLY TO PROVIDE A
RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
I HEREBY CERTIFY THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENT.
3.1 Weather Events: From time to time the Bublr Bikeshare System may need to be shut down due to inclement weather, in no event will such a shutdown entitle me to any refund or credit of any sort.
3.2 Early cancelation of any type of Bublr pass or membership will never entitle rider to any refund or pro rata reduction in cost or fee.
3.3 Merger Clause: This Agreement is the entire agreement between Bublr and me regarding the subject matter hereof. All extrinsic oral and written agreements are deemed merged into this Agreement.
3.4 Choice of Law and Venue: Wisconsin law governs this Agreement. The parties will bring any action concerning this Agreement in Milwaukee County.
3.5 EULA Updates: From time-to-time Bublr may update this Agreement, it is your responsibility to review this document to ensure you understand the most recent version. Without waiving your responsibilities under the previous sentence, Bublr will use commercially reasonable methods to notify you of any such updates.
3.6 I agree to receive text messages, calls, and emails from Bublr and Sponsors of the Bublr Bikeshare System.
3.7 I agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Bublr System, or this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
3.8 If you would like to negotiate the terms of this agreement you may do so by contacting Bublr at 414-931-1121 Bublr at 414-931-1121, firstname.lastname@example.org, or via mail at PO Box 235 Milwaukee, WI 53201.
I Agree: By selecting the “Continue” button below I explicitly agree to the following:
4.1 I agree that if I fail to abide by any of the above, rules, terms, or conditions, or violate any other local, state, or federal laws while riding a Bublr Bike I will pay any fee or fine assessed by Bublr up to $2,500 per Bike I have checked out.
4.2 I agree that if this charge is placed in dispute by me (or the cardholder if this is not my card) because I (or the cardholder) do not recognize/recall this charge, or if I failed to read and understand the fee structure, I will pay Bublr a chargeback processing fee of $40.00 in addition to the original charges due on this transaction.
4.3 I agree and authorize a hold to be placed on my credit/debit card.
4.4 I agree that I have read and understood this entire agreement. This
Agreement was last updated on the 22nd day of June 2021.