Agmt15 Bay Area Bike Share Agreement

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203215669.16 A-1-2 ordinances, and regulations concerning the privacy of all subscriber information obtained by Operator in the course of providing services under this Continuation Agreement. 2.4 Subscriber Agreement. Operator shall use the same form of Subscriber Agreement that was used for the Pilot Program with such changes thereto as Operator considers appropriate. Any material changes to the Pilot Program form shall be subject to the review and approval of MTC. The Subscriber Agreement shall address, at a minimum, the following: (1) The rates, fees, and deposits (if any). (2) Confidentiality of personal and financial data and information. (3) Subscriber’s agreement to return the Bicycle in the same condition as it was when rented. (4) Subscriber’s agreement to immediately report to the call center any Crash, as defined in this Continuation Agreement to include any incident or event resulting in personal injury to the subscriber or others or in property damage to the Equipment or to the property of others and agreement to follow any instructions from the call center regarding reporting a Crash to police. (5) Subscriber’s agreement to immediately report to the call center a lost or stolen Bicycle or a lost or stolen Customer Key. (6) Subscriber’s responsibility and liability for any consequences of any kind or nature whatsoever related to a stolen or lost Bicycle or Customer Key. (7) Prohibited uses including, without limitation, no more than one person on a Bicycle at one time. (8) Subscriber’s acknowledgement of and acceptance of responsibility and risk. (9) Prohibition against any person other than the subscriber operating any Bicycle rented from Operator and prohibition against transfer of a Customer Key to anyone in any manner whatsoever. (10) A representation by each subscriber that s/he is physically able to ride a Bicycle without risk to health, knowledgeable about the operation of a Bicycle, and knowledgeable about the laws pertaining to Bicycles operated within the jurisdictions where the Bicycles are to be used. (11) Age limits. (12) Subscriber’s indemnification of MTC and the Pilot Cities, its elected and appointed officers, officials, employees, and agents. (13) Prohibition against use of Bicycle while under the influence of alcohol, drugs, any controlled substance, or any medication that would impair the Bicycle operator’s ability to safely operate the Bicycle. (14) Instructions regarding proper use of Bicycle luggage carrier as to type of contents, weight, or visual obstruction. (15) Prohibition against Bicycle use for any illegal purpose. 2.5 Loss Fees. Operator shall deem a Bicycle as “lost or stolen” if not returned to a Site within 24 hours of being signed out, and charge the subscriber whose account is associated with that sign-out the amount of the “Loss Fee” set forth in Attachment A-2, subject to application of Attachment A-3 as provided in Section 2.2 of this Continuation Agreement, which covers the replacement value of the Bicycle, along with shipping fees and expenses and service charges for placing a new Bicycle into the operational Fleet. Credit accounts will be charged the Loss Fee at the time a loss is determined. Operator shall include all such circumstances in its