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Rider waiver

Group ride agreement, liability waiver, and release

Welcome to JUMP’s Group Ride! We hope you love participating in our Group Ride today. But first, take a moment to familiarize yourself with this Group Ride Agreement, Liability Waiver, and Release (the “Release”) as we require that you fully consent to all terms herein and sign this Release before participating the Group Ride. This Release contains important information that you need to consider before agreeing to participate.

BEFORE YOU SIGN OR PROVIDE YOUR CONSENT ELECTRONICALLY, PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

This Group Ride Agreement, Liability Waiver, and Release (“Release”) is a legal agreement between you (“Member”, “Rider”, “You”, or “Your”) and Social Bicycles LLC (d/b/a JUMP Bikes), a subsidiary of Uber Technologies, Inc., located at 55 Prospect St., Ste. 410, Brooklyn, NY 11201 (together with its parents, subsidiaries, and affiliates, “JUMP,” “We”, “Us,” or “Our”), establishing terms and conditions under which You will participate in a coordinated bicycle ride with a group of other people (the “Group Ride”). Because participation in the Group Ride requires that You ride and use a bicycle rented through Our local bicycle sharing program (a “JUMP Bike” and the “Program,” respectively), Your participation and use of a JUMP Bike offered through Our Program are also governed by our Terms of Service, Rental Agreement (including Our general liability waiver and release), as well as our Privacy Policy, (together with the Release, the “Agreement”).

Before You participate in the Group Ride, you must submit to Us, a signed copy of this Release, in either written or electronic form, and hold a valid registered JUMP Bikes account for the use of the Program. No one under the age of eighteen (18) is permitted to participate in the Group Ride.

Acknowledgment

1.

In consideration of Your permissible registration for and participation in the Group Ride, You for yourself, your personal representatives, assigns, heirs, executors, administrators, and next of kin acknowledge, agree to, and represent the following, which includes a release of liability, all of which will apply to Your participation in any Group Ride administered by JUMP:

1.1.

You are aware that with any bicycle and/or Group Ride related activity there are certain inherent dangers. You further acknowledge that the Group Ride will be conducted over public roads, trails, and facilities open to the public and upon which the hazards of traveling are to be expected, which may include but are not limited to weather or other physical conditions, off-road terrain, accidents, actions of participants and other people or animals, which may make riding more difficult. You acknowledge that You are aware of any inherent dangers of a Group Ride and agree to follow the laws and general safety rules of the road applicable to bicycle riders.

1.2.

You understand that it is not the function or responsibility of the Ride Marshalls (defined herein as those individuals identified as such and tasked with facilitating the safety and organization of the Group Ride) to serve as guardians of Your safety. You agree to cooperate and conform to the directions and instructions received from JUMP and all Group Ride Staff (including but not limited to JUMP employees, contractors, the Ride Marshalls, volunteers, instructors, and representatives) facilitating the Group Ride.

1.3.

JUMP reserves the right to remove any rider who is deemed to be endangering themself or others or is riding illegally as defined by local law. Notwithstanding this clause, JUMP is not responsible for the actions of any participant, including those who are removed or not removed from the Group Ride for any of these reasons. You understand that We reserve the right, at Our sole and complete discretion, to deny Your participation in the Program.

1.4.

You understand and agree that a proper working bicycle helmet is required to participate in a Group Ride and You agree to wear one at all times. You represent that You are qualified, in good health, and in proper physical condition to participate in such a Group Ride, and that you do not exceed the maximum weight limit permitted to ride a JUMP Bike (210 lbs.). You further agree and warrant that if at any time You believe conditions to be unsafe, You will immediately discontinue Your participation in the Group Ride.

1.5.

You hereby consent to emergency medical treatment if You are injured while participating in a Group Ride.

1.6.

You agree to treat all JUMP Bikes with due care and to comply with all terms and conditions set forth in the Rental Agreement, and that You are responsible for any and all loss or damage to the JUMP Bike, and nothing in this Release is intended to supersede, contradict, or sever this responsibility.

1.7.

You agree not to operate a bicycle while under the influence of alcohol or drugs, or any other substance that may impair Your ability to safely operate a bicycle. You agree not to use any cell phone or mobile device in any way that distracts You from the safest operation of a bicycle. You agree not to participate in a Group Ride using a bicycle that is in need of repair, and to alert JUMP of any JUMP Bike that needs repair before participating.

Release

2.

You freely and voluntarily accept all risks of injury, death, or property damage. You understand and agree that none of the parties identified herein may be held liable in any way for any occurrence or accident in connection with a Group Ride.

2.1.

YOU HEREBY RELEASE FROM ANY AND ALL LIABILITY AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JUMP Bikes, Uber Technologies, Inc., their officers, agents, successors, assigns, parents, subsidiaries, affiliates, and each of their board members, directors, partners, shareholders, insurers, employees, independent contractors, sponsors, representatives, ride leaders, organizers, or promoters (the “Released Parties”), against all claims, liabilities of every kind, demands, damages, (including without limitation, direct, indirect, consequential, and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation those based in contract, tort, statutory, or other grounds), which You have or may have in the future, including court costs, attorneys’ fees, and litigation expenses (individually and collectively, the “Claims”), that may arise out of, or result from, Your participation in a Group Ride, including death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, or relating to the provision of first aid, medical care, medical treatment, medical decisions, and any claims for hospital or medical expenses, even if such claims are caused by the negligent acts, omissions, or carelessness of the Released Parties and even if the Released Parties have been advised of the possibility of such claims. You expressly waive all rights under California Civil Code Section 1542, and similar laws applicable in other jurisdictions, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. Any such release is intended to be a complete and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as direct or intended third party beneficiaries of such releases.

2.2.

I understand I am responsible for my own conduct and decisions while participating in a Group Ride and further agree that this Agreement shall apply to any claim arising out of my participation in non-bicycling activities while a participant in a Group Ride.You further acknowledge and agree that JUMP shall not be responsible for any delay, interruption, or other failure to perform or complete the Group Ride, and may cancel any event in their sole discretion. No refunds or credits shall be offered in the event of such a cancellation.

2.3.

YOU FURTHER COVENANT AND AGREE NOT TO SUE any of the Released Parties for any of the Claims that You have waived, released, or discharged herein.

Media release

3.

You hereby consent to JUMP photographing and recording You while participating in a Group Ride and grant JUMP (including their successors, assigns, and all those acting under their permission or authority) permission to use, publish, edit, alter, license, appropriate, and display Your image, photograph, performance, voice, and/or likeness, and any reproduction, derivation, or simulation thereof, in composite or distorted form, in any media now known or hereafter developed without compensation, notice, or right of approval, for advertising, promotion, commercial, and business purposes, or for any other purposes JUMP may desire in perpetuity throughout the world. You hereby waive any right to royalties or other compensation arising from or relating to any such use by JUMP. You acknowledge and agree that JUMP shall not be liable to You for any distortion, illusionary effect, misrepresentation, or invasion of privacy based on the contextual results of such use.

Miscellaneous

4.

This waiver is intended to be binding on You, Your family, Your heirs, Your estate, Your legal representatives and assigns. Any legal action that may arise from Your participation in a Group Ride shall be brought in San Francisco County in the State of California, and shall be governed and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect.

You hereby represent and warrant that you are of lawful age to sign this Release and participate in a Group Ride, and legally competent to understand and sign this Release. You have not been warned or advised against bicycling or participating in an activity related to the Group Ride by any health professional. You understand that the terms of this Releasee are contractual and not a mere recital, and You have signed this document freely and voluntarily.

I AGREE I HAVE INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE BY READING IT CAREFULLY AND I AGREE TO ITS TERMS.