GENERAL RENTAL AND USE OF PRODUCTS.
1.1 You Are the Sole Permitted User. You and Lyft are the only parties to this Addendum. You are the sole renter and are solely responsible for compliance with all terms and conditions contained herein. You understand that when you activate a Product, the Product must be used only by you. You must not allow others to use a Product that you have activated.
1.2 You Must Be At Least 18 Years Old. You represent and certify that you are at least 18 years old.
1.3 You Must Be a Competent Product Operator. You represent and certify that you are familiar with the operation of the Product, and are reasonably competent and physically fit to ride the Product. By choosing to ride a Product, you assume all responsibilities and risks for any injuries or medical conditions that may result from your use. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Product. We advise you to adjust your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4 Product is the Exclusive Property of Lyft. You agree that the Product and any Lyft equipment attached thereto, at all times, remain the exclusive property of Lyft. You must not dismantle, write on, or otherwise modify, repair or deface a Product, any part of a Product, or other Lyft equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Product in any way. You must not use a Product, or other Lyft equipment for any advertising or similar commercial purpose.
1.5 Product Operating Hours and Product Availability. You agree and acknowledge that the Products are not available 24 hours a day, 7 days/week, 365 days per year. Products must be rented within the maximum rental time limits set forth below. The number of Products are limited and Product availability is never guaranteed.
1.6 Product May be Used and/or Operated only in Permitted Areas. You agree to only use, operate and/or ride the Product in permitted areas as defined by law and Lyft’s policies. Using, deactivating or leaving a Product outside of the Permitted Area may result in a pick up fee of up to $100.
1.7 You Must Follow Laws Regarding Use and/or Operation of Product. You agree to follow all laws pertaining to the use, riding, parking, charging and/or operation of the Product, including all state and local laws and the rules and regulations pertaining to Products in the area where you are operating the Product, including any helmet laws.
1.8 Prohibited Acts. YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT:
1.9 Product is Intended for Only Limited Types of Use. You agrees that you will not use the Product for racing, mountain, stunt or trick riding. You agree that you will not operate and/or use the Product on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. You agree that you will not use the Product for hire or reward.
1.10 Weight and Cargo Limits. You must not exceed the maximum weight limit for the Product as communicated to you by Lyft.
1.11 No Tampering. You must not tamper with, attempt to gain unauthorized access using, or otherwise use the Lyft System or other Lyft equipment other than for purposes of using a Product pursuant to this Addendum.
1.12 Reporting of Damage or Crashes. You must report any accident, crash, damage, personal injury, stolen or lost Product, to Lyft as soon as possible. If a crash involves personal injury, property damage, or a stolen Product, you shall file a report with the local police department within 24 hours. You agree that you are 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 Product.
1.13 Your Responsibility for Product Use and Damage. You agree to return the Product to Lyft in the same condition in which it was rented. You will not be responsible for normal wear and tear.
1.14 Electric Vehicles. You agree and acknowledge that e-Vehicles may not be available at all times. e-Vehicles require periodic charging of batteries in order to operate. You agree to use and operate e-Vehicles safely and prudently and comply with all restrictions and requirements associated with e-Vehicles, as set forth in any all applicable laws, rules, regulations, and/or ordinances. You understand and agree to the following:
PAYMENT AND FEES.
2.1 Fees. You may use the Product on a pay per ride basis or as otherwise in accordance with the pricing described in the app. 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 Lyft. Lyft will charge your credit, debit card or other agreed payment methods the amount of the fees as described in this Addendum or as otherwise in accordance with the pricing described in the app.
2.2 Promo Codes. Promo codes (discounts) are one-time offers and can only be redeemed via Lyft App. Lyft reserves the right to modify or cancel 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 12 hours. You agree that you will deactivate the Product rental within 12 hours of time that rental of the Product began. You may then rent again. You agree that you are solely responsible for being aware of any elapsed time related to the timely locking the Product. After return of the Product, the rider will be charged the accumulated rental charge. Products not returned (locked and a ride concluded) within 12 hours will be considered lost or stolen, and you may be charged up to $600 and a police report may be filed. Lyft may also charge a service fee of $25 for rentals in excess of 12 hours where the Vehicle is not lost or stolen.
2.4 Valid Credit Card or Debit Card. You must input a valid credit or debit card or other agreed payment method before you will be registered to use the Service. You represent and warrant to Lyft that you are authorized to use any payment method you furnish to Lyft. You authorize Lyft to charge the payment method for all fees incurred by you. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Lyft.
2.6 Pick Up Fees. If you are unable to return a Product to a valid area (e.g., you deactivate or leave the Product on private property, a locked community, or another unreachable area), and request that the Product be picked up by Lyft staff, Lyft, at its sole discretion, may choose to charge you a pick-up fee up to $100. If any Product accessed under your account is abandoned without notice, you will be responsible for all trip fees until the Product is recovered and deactivated, plus a pick-up fee to recover the Product. Fees are subject to change.
RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK.
3.1 Releases. “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 attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including 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 Services, including any of the Products, equipment or related information, or (b) your use of any of the foregoing. “Released Persons” means, collectively Lyft and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns. In exchange for you being allowed to use any of the Services, Products, and other equipment or related information provided by Lyft, you (acting for you and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) (collectively, the “Releasing Parties” and each a “Releasing Party”) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider ever had, now has, or may claim to have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases.
Releasing Party hereby acknowledges that he/she has been advised by legal counsel, is familiar with and fully understands the provisions of California Civil Code Section 1542 which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Having been so advised, Releasing Party nevertheless elects to and does assume all risks for Claims known or unknown, suspected or unsuspected, heretofore arising from the subject of this Section 3, and specifically waives any rights it may have under Section 1542, as well as under any other statute or common-law principle in any jurisdiction with a similar effect.
3.2 Disclaimers. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT, LYFT AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, PRODUCTS, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). LYFT AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT.
3.3 Limited Liability. YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, LYFT AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS ADDENDUM, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, PRODUCTS, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS ADDENDUM OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A VEHICLE HELMET WHILE USING A PRODUCT, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF LYFT OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF LYFT AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
3.4 Assumption of Risk by You. You are solely and fully responsible for the safe operation of the Product at all times. You agree that Products are machines that may malfunction, even if the Product is properly maintained, and that such malfunction may cause injury. You agree that riding a Product and the Services involve many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to you or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. You agree that such risks, dangers, and hazards are your sole responsibility, including, but not limited to, choosing whether to wear a helmet as required by law or utilize other protective gear. You agree that if your use of any of the Products or Services causes any injury or damage to another person or property, then you may be liable for all resulting injuries, damages, and related costs. By choosing to operate a Product, you assumes full and complete responsibility for all related risks, dangers, and hazards, and you agree that Lyft and all other Released Persons are not responsible for any injury, damage, or cost caused by you with respect to any person or property, including the Product itself.
3.5 Indemnification. You will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to your use of Products and any breach of the terms of this Addendum; provided, however, that Released Persons must notify you as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons.
3.6 Additional Terms. Certain jurisdictions require that You agree to specific releases, disclaimers, limitations of liability, and/or assumptions of risk in addition to those stated in this Section. By agreeing to the Addendum, You are also agreeing to the terms specified at https://www.lyft.com/terms/last-mile-disclosures.
4.1 Safety Check. Before each use of a Product, you shall conduct a basic safety inspection of the Product, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iv) good condition of the frame; (v) sufficient battery charge power; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You agree not to operate the Product if there are any noticeable issues, and to immediately notify customer service to alert Lyft of any problems.
4.2 Lost or Stolen Product. A Product may be deemed lost or stolen if (a) the Product is not returned within 12 consecutive hours, (b) the Product’s GPS unit is disabled, (c) the Product is parked on private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, (d) the Product moves more than thirty feet after a rental has ended and Lyft believes such movement was not caused by another rider or authorized third party, or (e) other facts and circumstances exist that suggest to Lyft in its reasonable, good faith determination that a Product has been lost or stolen. You and Lyft agree that the last rider of a Product shall be responsible for a lost or stolen Product unless facts and circumstances suggest otherwise to Lyft in its reasonable, good faith determination. If Lyft deems a Product lost or stolen, Lyft shall have the authority to take any and all actions it deems appropriate (with respect to the last rider of a Product or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. The data generated by the Lyft’s systems is conclusive evidence of the period of use of a Product by a rider, including you. You must report Product disappearance or theft to Lyft immediately or as soon as possible.
4.3 Helmets; Safety. Lyft recommends that you wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. You agree that none of Lyft and its Released Parties are liable for any injury suffered by tiy while using the Service, whether or not you are wearing a helmet at the time of injury. You may need to take additional safety measures or precautions not specifically addressed in this Addendum.
4.4 Vehicle Routes. You agree that Lyft does not provide or maintain places to ride Products, and that Lyft does not guarantee that there will always be a safe place to ride a Product. Roads, bicycle lanes, and other accessible areas may become dangerous due to weather, traffic, or other hazards.
4.5 Limitations on Product Rental. You agree that Lyft is not a common carrier. Alternative means of public and private transportation are available to the general public and to you individually, including public buses and rail service, taxis, and pedestrian paths. Lyft provides Products 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 Product on their own and who have agreed to all terms and conditions of this Addendum.
4.6 Limitations on Availability of Service. Lyft makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent Lyft from providing the Service. Access to the Service is also conditioned on the availability of Products. Lyft does not represent or warrant the availability of any Service or the availability of any Product at any time. You agree that Lyft may require you to return a Product at any time.
Additional State and Local Disclosure.
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.lyft.com/terms/last-mile-disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
1. Information We Collect
A. Information You Provide to Us
When you initiate an e-Vehicle ride, you may share with Lyft documentation of your age by, for example, uploading a photo of your driver’s license. You may also share photos of the Product and its location with us to help us understand the status of the scooter and whether it has been used in compliance with our Agreement and Addendum.
If you communicate with us directly, we may receive additional information about you. For example, when you respond to any survey about the Lyft Platform or provide feedback about your experience, we will receive your name, email address, phone number, the contents of the communication and attachments you may send to us, and other information you choose to provide.
B. Information We Collect When You Use the Services and Products
Lyft Products may collect precise location at all times, and may transmit your location to Lyft during your use of the Product. We may also collect the precise location of your device when the app is running in the foreground or background, including for a period of five minutes after a ride in order to determine whether you have left the Product and ended your ride.
Your location information is necessary for things like determining ride start and stop locations, calculating charges for rides, and ensuring Products are used in compliance with our Agreement and Addendum (e.g., within certain service areas).