E Rydes, LLC – Electric Bicycle Rental Agreement

•Rider Qualifications Rider represents and warrants that Rider: (i) is at least 18 years of age (or has a parent or legal guardian execute this Agreement where permitted); (ii) possesses the physical ability to safely operate an electric bicycle; (iii) knows how to ride a conventional bicycle; (iv) understands how pedal assist and throttle operation function; (v) has sufficient vision, coordination, judgment, and balance to safely operate the Equipment; (vi) is not under the influence of alcohol, cannabis, illegal drugs, or any medication that could impair safe operation; and (vii) does not suffer from any medical condition that would make operation unsafe. Rider agrees to immediately discontinue use—and successfully communicate Rider’s discontinue of use to E Rydes LLC—if Rider becomes unable to safely operate the Equipment.

•Inspection of Equipment Prior to operation, Rider acknowledges that Rider has personally inspected the Equipment. Rider acknowledges that Rider has had the opportunity to ask questions regarding operation of the Equipment. Rider agrees to immediately discontinue use and notify E Rydes LLC if Rider observes any mechanical issue, defect, unsafe condition, or malfunction. Continue operation after discovery of any suspected defect shall constitute Rider’s acknowledgement that Rider elected to continue riding despite such condition.

•Acknowledgement of Inherent Risks Rider understands and expressly acknowledges that operating an electric bicycle is an inherently dangerous recreational activity. Rider understands that serious injury, permanent disability, paralysis, death, and substantial property damage may occur. Risks include, but are not limited to: collisions with automobiles; collisions with pedestrians; collisions with bicycles; collisions with scooters; collisions with bicycles; collisions with scooters; collisions with stationary objects; road defects; potholes; uneven pavement; curbs; wind; rain; fog; limited visibility; mechanical failures; battery failures; brake failures; tire failures; steering failures; rider error; traffic conditions; failure of other persons to obey traffic laws; any other known or unknown hazards associated with operating an electric bicycle. Rider understands that these risks cannot be eliminated without fundamentally altering the nature of the activity.

•Assumption of Risk Rider knowingly, voluntarily, and expressly assumes all risks associated with the rental and operation of the Equipment, whether known or unknown, foreseeable or unforeseeable, including risks arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by California law.

•Release of Liability To the fullest extent permitted by California law, Rider hereby releases, waives, discharges, and covenants not to sue E Rydes, LLC, and its current and former owners, members, managers, employees, agents, representatives, insurers, and assigns (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, liabilities, damages, losses, judgments, costs, or expenses arising out of or relating to Rider’s rental, possession, operation, or use of the Equipment, including claims arising from the ordinary negligence of the Released Parties. This release includes, without limitation, claims for: bodily injury; personal injury; emotional distress; property damage; medical expenses; lost wages; loss of earning capacity; survival claims; and any other damages arising from Rider’s participation. Nothing in this Agreement is intended to release liability for gross negligence, reckless misconduct, intentional misconduct, or any liability that cannot lawfully be released under California law.

•Indemnification Rider agrees to defend, indemnify, and hold harmless the Released Parties from and against any claims, liabilities, damages, judgments, costs, attorneys’ fees, and expenses arising from: (i) Rider’s negligence; (ii) Rider’s violation of law; (iii) Rider’s misuse of Equipment; (iv) Rider’s breach of this Agreement; or (v) claims brought by third parties arising from Rider’s operation or possession of the Equipment.

•Compliance with Law / Helmet Acknowledgement Rider agrees to comply with all applicable federal, state, and local laws, including the California Vehicle Code and all local ordinances governing electric bicycles. Rider agrees not to operate Equipment while impaired or in any reckless or unsafe manner. Company has offered Rider a properly fitted helmet. Rider acknowledges that helmet use may reduce severity of head injuries but cannot eliminate all risks.

•Responsibility for Equipment Rider accepts full responsibility for the Equipment form the time possession is taken until the Equipment is returned and accepted by E Rydes LLC. Rider shall be responsible for all loss, theft, destruction, damage, or failure to return the Equipment, regardless of fault, except to the extent caused solely by E Rydes LLC’s gross negligence or willful misconduct. Replacement Cost shall mean Company’s commercially reasonable cost to replace the Equipment with equipment of like kind and quality, including where applicable: (i) purchase price; (ii) freight; (iii) shipping; (iv) taxes; (v) assembly; (vi) programming; (vii) accessories; and any reasonable expenses incurred restoring E Rydes LLC to the position it would have occupied absent the loss. Company’s determination of Replacement Cost shall be commercial reasonable.

•Medical Treatment If Rider becomes injured or incapacitated, Rider authorizes E Rydes LLC to obtain emergency medical treatment. Rider shall remain solely responsible for all medical expenses.

•Governing Law This Agreement shall be governed by California law. Any litigation shall be brought exclusively in the state or federal courts located in San Diego County, California.

•Severability If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.

•Entire Agreement This Agreement constitutes the complete agreement concerning Rider’s rental and use of the Equipment.

•Acknowledgement RIDER ACKNOWLEDGES THAT: (i) Rider has carefully read this Agreement; (ii) Rider fully understands its contents; (iii) Rider understands that Rider is giving up substantial legal rights; (iv) Rider signs this Agreement freely and voluntarily; and (v) Rider intends Rider’s signature to be a complete and unconditional release of liability to the maximum extent permitted by California law.