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:
- I understand that a “Bike” or “Bublr Bike” means any wheeled vehicle provided by Bublr that whether it has pedals or cranks, and whether totally powered by the user’s hands or feet, or which may have electrical assist.
- I understand that “Bublr System” includes any bike, station, website, mobile application, class, or program run by or associated with the legal entity Midwest Bikeshare, Inc. d/b/a Bublr Bikes.
- I understand that “Minor/Ward” means anyone who is not able to enter into a legally binding agreement with Bublr.
- I understand that “Released Parties” means and includes without limitation, Bublr, BCycle LLC, any sponsors of the Bublr System, as well as the owners of any property under or near any station, as well as the cities of Milwaukee, Wauwatosa, and West Allis.
- I may not enter into this Agreement unless I am legally able to form a binding contract with Bublr under the laws of the State of Wisconsin OR my parent or legal guardian has read and accepted this agreement on my If you are a parent or legal guardian of an individual who is not able to form a legally binding contract with Bublr under the laws of the State of Wisconsin, make sure to read this agreement carefully especially sections 2.9 below.
- In NO event is ANY individual under 14 years of age allowed to use a Bike even with the signed consent of a parent or guardian.
- In NO event is ANY individual under 16 years of age allowed to use an electric assist bicycle even with the signed consent of a parent or guardian.
- As the person entering into this Agreement, I am considered the operator of the Bike.
- 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.
- If a Bike is not properly returned at the end of the ride, Bublr reserves the right to charge me up to $3,500 for each Bike that is not returned.
- A Bike will be considered stolen, and a police report filed for all Bikes that are checked out for more than 25 hours.
- I agree to comply with all local, state, and federal laws, statutes, and regulations regarding riding/using
- 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.
- I also certify and attest that I am physically able to safely ride a Bike.
- 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:
- I acknowledge that use of the Bublr System carries with it the potential for death, serious injury, and property
- I understand and assume all the risks of using the Bublr System, including but not limited to risks arising from negligence or carelessness on the part of I hereby assume liability for ANY AND ALL medical expenses incurred because of using the Bublr System as a condition of being allowed to use the Bublr System. I waive, release, and discharge from all liability Bublr, and all of Bublr’s officers, agents, employees, and volunteers.
- I EXPRESSLY AND SPECIFICALLY ASSUME ALL RISKS OF INJURY OR HARM IN CONNECTION WITH OR ARISING OUT OF THE USE OF BUBLR SYSTEM AS CONSIDERATION FOR BEING ALLOWED TO USE THE BUBLR SYSTEM.
- As a condition of my enjoyment, rental, and use of the Bublr System, I release and discharge Released Parties from any and all claims, liability, cause(s) of action, damage or wrongful death to myself or any third party which arise out of, result from, or relate to this agreement, or the including any and all claims, liability, causes(s) of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others.
- I fully understand that the Bublr System is provided “AS IS” and it is my complete responsibility to inspect each component of the system especially, though not exclusively, any Bike that I use both for safety issues but also for rideability.
- 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 while using the Bublr System or otherwise associated with this Agreement.
- THIS WAIVER AND RELEASE OF LIABILITY SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE
- I HEREBY CERTIFY THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS
- There are real and inherent risks and liabilities associated with using the Bublr System. Therefore, if you are a parent or legal guardian of a “Minor/Ward” and are accepting this Agreement on their behalf you MUST represent and warrant to Bublr that you are acting on behalf of the Minor/Ward. You must further represent and warrant that you understand that bicycling activities are very risky and can cause severe injury or even death. Therefore, YOU are assuring Bublr that the Minor/Ward has all the appropriate experience and capabilities to use the Bublr System and that they are in good health and in proper physical condition to participate in such activity. You are further agreeing to release and discharge Bublr and Released Parties from any and all liability associated with the Minor/Ward’s use of the Bublr System. You are further agreeing to indemnify, save, and hold harmless Bublr and the Released parties individually and collectively from any and all liability, claims, demands, losses, damages or even death to or on the Minor/Ward’s account that may be caused or alleged to be caused in whole or in part by the Minor/Ward even if such losses or damages may be caused or are alleged to be the result of Released Parties, including but not limited to negligent operations of any sort, and you further agree that if, despite this Agreement, the Minor or anyone on the Minor’s behalf may makes a claim against any of the Released Parties above that you will indemnify, save, and hold harmless each of the Released Parties from any litigation expenses, attorney fees, loss liability, damage, or cost that may be incurred as the result of any such claim. IF YOU CANNOT AGREE TO THESE TERMS DO NOT ACCEPT THIS AGREEMENT ON BEHALF OF SOMEONE WHO IS NOT ABLE TO FORM A LEGALLY BINDING AGREEMENT WITH BUBLR.
- 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.
- Early cancelation of any type of Bublr pass or membership will never entitle me to any refund or pro rata reduction in cost or fee.
- 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.
- Choice of Law and Venue: Wisconsin law governs this Agreement. The parties will bring any action concerning this Agreement in Milwaukee County.
- 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.
- I agree to receive text messages, calls, and emails from Bublr and Sponsors of the Bublr Bikeshare System. I agree and consent that Bublr may share my contact information with Sponsors.
- The parties mutually agree that any and all claims will be adjudicated on a an individual basis, and both parties explicitly and knowingly waive the right to participate in a class, collective, or other joint action with respect to any and all claims that may arise in connection with this agreement.
- I explicitly and knowingly 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.
- 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:
- 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 any local, state, or federal agency.
- 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.
- I agree and authorize a hold to be placed on my credit/debit card.
- I agree that I have read and understood this entire agreement.
- I agree that I am able to form a legally binding contract with Bubr or that I am a parent or legal guardian accepting this Agreement on behalf of a Minor/Ward.
Agreement was last updated on the 18th day of April 2022.