Notice: Bay Area Bike Share share will re-launch on Wednesday, 6/28 as Ford GoBike. Click here for information on how to transfer your membership.

Bicycle User Agreement, Liability Waiver, and Release

  1. Fees

  2. Releases; Disclaimers; Limited Liability; Assumption of Risk

  3. Directions and Additional Terms of Use

  4. Miscellaneous

In consideration of your use of any of the Bay Area Bike Share Services as defined below, Motivate ("Motivate") requires that You ("Member" or "You") agree to all terms and conditions in this Bike Share User Agreement, Liability Waiver, and Release ("Agreement"). The “Bay Area Bike Share Services” or “Services” provided by Motivate are composed of several elements, including (1) Bay Area Bike Share bicycle stations ("Stations"), (2) automated kiosks ("Kiosks"), (3) separate stands that allow the docking of Bay Area Bike Share bicycles ("Bike Docks"), (4) Bay Area Bike Share bicycles (“Bicycles”), and (5) all related equipment, personnel, and information.

  1. Fees.Back to top

    • Section 1 Annual and 30-Day Trial Membership Fees: Auto-RenewalBack to top

      Annual and 30-Day Trial Membership Fees. When a member subscribes to the Services for either a one-year membership ("Annual Membership") or a 30-day trial membership that we may offer from time to time ("30-Day Trial Membership"), Motivate will charge the Member's acceptable credit or debit card the total amount of the membership fee that is in effect as of the date of the subscription. Membership fee amounts are listed on the Services’ website at [“www.bayareabikeshare.com”] (“Website”).

      All Annual Memberships purchased on or after July 31, 2014 will be enrolled in the Auto-Renew feature by default unless You opt out of the Auto-Renew feature by logging into Account Settings or calling 1-855-480-BIKE(2453). Any other Member who wishes to be enrolled in auto-renew may do so by logging into Account Settings or calling 1-855-480-BIKE(2453).

      For 30-Day Trial Memberships, at the end of the 30-Day Trial Membership period, Members will have the option of applying their 30-Day Trial Membership Fee toward an Annual Membership expiring one year after the activation of the 30-Day Trial Membership. The Member will then have an Annual Membership subject to the terms of this Bicycle User Agreement, Liability Waiver, and Release (including auto-renewal) for the remaining balance of the one-year term.

    • Section 2 Overtime Fees.Back to top

      All Members are subject to the overtime fees set forth below, which may be charged and collected by Motivate. So long as a Member returns the Bicycle to a Bike Dock within 30 minutes, no overtime fees will be charged. After returning a Bicycle to a Bike Dock, a Member is eligible to rent another Bicycle after a 2 minute wait. The time period for application of Bicycle overtime fees begins only once the Bicycle has been removed from a Bike Dock.

      The total amount of all of Your chargeable trips (i.e., those trips lasting in excess of 30 minutes that incur an overtime fee) will be charged to Your Account and charged against Your acceptable credit or debit card. For Annual Memberships, such fees will be charged on the 2nd day of each month following the month on which the fees were incurred. For 30-Day Trial Memberships, such fees will be charged at the end of 30 days, or upon return of the bicycle, whichever is later.

      At any time, You may access a statement of Your trip history and associated charges by logging into Your Account profile page on the Website. If You dispute the charge for a trip and You wish Motivate to review the charge, then You must contact Motivate as soon as possible but no later than 10 days after You receive Your statement containing the disputed charge. You must provide Motivate all trip information necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Your trip receipt, if any, indicating the date and time Your Bicycle was returned is additional proof that the Bicycle was properly returned. You are encouraged to maintain all trip receipts (See Section 12: Obtaining a Receipt). If you do not contact Motivate about a disputed charge within the time allowed, you must follow the procedures your credit card or debit card company has established for disputed charges.

      Ride Time Total Overtime Fee – For 30-Day and Annual Members
      00:01-30:00 minutes (00:00:01 – 00:30:00 hours) $0.00
      30:01-60:00 minutes (00:30:01 – 01:00:00 hours) $4.00
      60:01 – 90:00 minutes (01:00:01 – 01:30:00 hours) $11.00
      90:01 – 120:00 minutes (01:30:01 – 02:00:00 hours) $18.00
      120:01 – 150:00 minutes (02:00:01 – 02:30:00 hours) $25.00
      150:01 – 180:00 minutes (02:30:01 – 03:00:00 hours) $32.00
      180:01 – 210:00 minutes (03:00:01 – 03:30:00 hours) $39.00
      210:01 – 240:00 minutes (03:30:01 – 04:00:00 hours) $46.00
      240:01 – 270:00 minutes (04:00:01 – 04:30:00 hours) $53.00
      270:01 – 300:00 minutes (04:30:01 – 05:00:00 hours) $60.00
      300:01 – 330:00 minutes (05:00:01 – 05:30:00 hours) $67.00
      330:01 – 360:00 minutes (05:30:01 – 06:00:00 hours) $74.00
      360:01 – 390:00 minutes (06:00:01 – 06:30:00 hours) $81.00
      390:01 – 420:00 minutes (06:30:01 – 07:00:00 hours) $88.00
      420:01 – 450:00 minutes (07:00:01 – 07:30:00 hours) $95.00
      450:01 – 1440:00 minutes (07:30:01 – 24:00:00 hours) $100.00
      > 1440:00 minutes (> 24:00:00 hours) up to $1,200.00
    • Section 3 Lost or Damaged Bicycles; Key; Additional Fees.Back to top

      Lost, Stolen, or Damaged Bicycles; System Keys; Additional Fees. The data generated by the Services' computer is conclusive evidence of the period of use of a Bicycle by a Member. Your use of the Services is limited to a period of 24 consecutive hours.

      A. Lost Bicycles

      For any Bicycle use that exceeds a period of 24 consecutive hours, the Bicycle will be deemed "lost” and Your credit or debit card will be charged a lost bike fee of up to $1,200. In addition, Motivate may file a police report with local authorities. If the Bicycle is found or returned to a Bike Dock after 24 hours, or Motivate verifies that You are not responsible for a loss, theft, or accident preventing its return, the lost bike fee may be waived. You agree to report to Motivate as soon as possible the loss or theft of a Bicycle or Your involvement in any accident that will prevent the return of a Bicycle. You further agree to follow Motivate’s directions regarding filing a police report for any loss, theft, or accident and to cooperate with any investigation of such an event.

      B. Damaged Bicycles

      You must return the Bicycle in the same condition in which it was rented. If the Bicycle is returned to a Bike Dock damaged or in a state of disrepair, You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Bicycle has been returned in a damaged state. Motivate will attempt to contact You before charging Your credit or debit card using the telephone contact information You provided.

      C. Lost or Damaged System Keys

      If Your system key has been lost or damaged, a replacement may be obtained by calling 1-(855)-480-BIKE (1-855-480-2453) or by emailing customerservice@bayareabikeshare.com. A replacement fee of $10 may be charged, and a replacement system key will be mailed to the mailing address on Your account.

    • Section 4 Credit/Debit Card Matters.Back to top

      You must provide a valid credit or debit card number and expiration date before You can purchase access to the Services. You represent and warrant to Motivate that You are authorized to use the credit or debit card. You authorize Motivate to charge Your credit or debit card for all fees incurred by You, and all fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Motivate. If You dispute any charge on Your credit or debit card account and You wish Motivate to review the charge, You must contact Motivate as soon as possible but no later than 10 days after You receive Your statement containing the disputed charge. Otherwise, you must follow the procedures your credit card or debit card company has established for disputed charges. You agree to immediately inform Motivate of all changes relating to Your credit or debit card.

    • Section 5 Prohibited Acts.Back to top

      1. You must not ride a Bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Bicycle.
      2. While riding a Bicycle You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely operating the Bicycle.
      3. You must not operate a Bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate the Bicycle.
      4. You must not carry a second person on a Bicycle.
      5. You must not dock or lock any Bicycle in any station other than Bay Area Bike Share stations.
      6. You must not use any locking mechanism, other than the locking mechanism provided by Motivate at the Bike Dock, to lock a Bicycle to a Bike Dock.
      7. You must agree to comply with any and all federal, state, or local laws regarding the use and operation of a Bicycle.
      8. You must not dismantle, write on, or otherwise modify or deface a Bicycle or any part of a Bicycle in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. You must not use a Bicycle for any advertising or similar commercial purpose.
      9. You must not exceed the maximum weight limit for the Bicycle (260 pounds) or the cargo carrier (17 pounds), and You must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
      10. You must not operate a Bicycle in poor or dangerous weather conditions, including hail, ice or electrical storms, which could make it more dangerous to operate the Bicycle. You are advised to adjust Your riding behavior and braking distance to suit the weather conditions, and you must promptly act in a safe manner and return Your Bicycle to an available Bike Dock when necessary and prudent to do so.
      11. You must not operate a Bicycle in poor or dangerous weather conditions, including hail, ice or electrical storms, which could make it more dangerous to operate the Bicycle. You are advised to adjust Your riding behavior and braking distance to suit the weather conditions, and you must promptly act in a safe manner and return Your Bicycle to an available Bike Dock when necessary and prudent to do so.
      12. You must not leave the Bicycle unattended at any time.
  2. Assumption of Risk, Release, Indemnity Agreement, Disclaimers, Limited Liability.Back to top

    • Section 6 Assumption of Risk by Member. .Back to top

      Member is solely and fully responsible for the safe operation of the Bicycle at all times. Member agrees that the Bicycle is a machine that may malfunction, even if the Bicycle is properly maintained, and that such malfunction may cause injury. Member agrees that riding the Bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Member or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Member understands that these risks, dangers, and hazards include, but are not limited to those from failure to ride the Bicycle safely; loss of balance or control; weather conditions; mechanical or structural failure of the Bicycle; unexpected actions of others; failure by the Member to anticipate the actions of others; irregular roadway or other surfaces; falling; collision with motor vehicles, bicycles, or pedestrians; and collision with natural or man-made objects or obstructions. Member also understands that failure to wear a helmet increases Member’s risk of injury or death from these risks, dangers, and hazards.

      Despite the risks involved in the operation of the Bicycle and as consideration for being allowed to use the Services, Member agrees that such risks, dangers, and hazards are Member’s sole responsibility, and MEMBER AGREES TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with use of the Services. Member agrees that if Member’s use of any of the Services causes any injury or damage to another person or property, Member may be liable for all resulting injuries, damages, and related costs.

    • Section 7 Release.Back to top

      MEMBER AGREES NEVER TO SUE AND TO RELEASE FROM LIABILITY the Released Persons listed below for any and all Claims resulting from, arising out of, or in any way connected with (a) any of the Services, including any of the Bicycles, Stations, Bike Docks, or related information, or (b) Member’s use of the Services.

      Member understands that this RELEASE OF LIABILITY will prevent Member and Member’s heirs from filing suit or making any Claims in the event of injury or death arising from Member’s use of the Services. Member UNDERSTANDS THIS IS A RELEASE OF LIABILITY AND AGREES THAT IT IS VALID FOREVER, and will apply whenever Member uses the Services.

      As used in this Agreement, "Participating Entity" or "Participating Entities" means any entity or entities that provides or provided funding for any Services or components for any Services made available to Member including, but not limited to, the Bay Area Air Quality Management District, the City and County of San Francisco, the San Mateo County Transit District, the City of Redwood City, the County of San Mateo, the Santa Clara Valley Transportation Authority, the Port of San Francisco, the Peninsula Corridor Joint Powers Board, the City of Mountain View, the City of Palo Alto, the City of San Jose, Stanford University, Transbay Joint Powers Authority, United State General Services Administration, the Metropolitan Transportation Commission, and the California Department of Transportation.

      As used in this Agreement, "Claims" means any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), suits, proceedings, obligations, debts, liens, fines, charges, penalties, forfeitures, 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).

    • Section 8 Indemnity Agreement.Back to top

      Member agrees to hold harmless, defend and indemnify all Released Persons from and against any and all Claims brought by Member, on behalf of Member or Member’s estate, or by any other person arising out of, or in any way connected with Member’s use of the Services. In the event that Member executes this Agreement on behalf of another person, and in the event that the other person brings any Claims against any of the Released Persons, Member agrees to hold harmless, defend and indemnify all Released Persons against such Claims.

    • Section 9 Disclaimers.Back to top

      To the fullest extent permitted by law, and with respect to Member’s use of any of the Services, Bicycles, Stations, Bike Docks, or related information, Motivate 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, Bicycles, Stations, Bike Docks, and related information are provided "as is" and "as available" (and Member relies on them solely at Member’s own risk). Motivate and all other Released Persons do not represent or warrant that any of the Services, Bicycles, Stations, Bike Docks, or related information will be in good repair or error-free, and delays, omissions, interruptions, or inaccuracies could exist with respect to any of the Services, Bicycles, Stations, Bike Docks, or related information. Member assumes full responsibility and risk of loss for using any of the Services, Bicycles, Stations, Bike Docks, or related information, and Motivate and all other Released Persons are not liable for any and all Claims attributable to any of the foregoing.

    • Section 10 Limited Liability. Back to top

      Member hereby acknowledges and agrees that Motivate and all other Released Persons are not responsible or liable for any Claims, including those that arise out of or relate to the following (a) any risk, danger, or hazard described in this Agreement, (b) Member’s use of, or inability to use, any of the Services, Bicycles, Stations, Bike Docks, or related information, (c) Member’s breach of this Agreement or violation of any federal, state, or local law, (d) any negligence, misconduct, or other action or inaction by Member, (e) Member’s failure to wear a bicycle helmet while using a Bicycle, or (f) any negligence, misconduct, or other action or inaction of any third party. Member hereby waives all Claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if Motivate or any of the other Released Persons have been advised of the possibility of such claims. The total liability of Motivate and all other Released Persons for all such Claims, including those based in contract, tort (including negligence), statutory, or other grounds, is limited to the sum of $100.

    • III. Directions and Additional Terms of Use.

    • Section 11 Activation of System Key. Back to top

      Once You are successfully registered as a Member to use the Services, Motivate will mail a system key to the mailing address listed by You. You must activate the system key on the Website, under the "Member Login" heading, before using the Services for the first time. A membership becomes valid and active once the system key is activated.

    • Section 12 Returning Bicycle.Back to top

      .

      Members must insert their system key into the reader slot on the Bike Dock to remove the Bicycle from the Bike Dock. After the system key has been inserted into the reader slot, the Member has 15 seconds to remove the Bicycle from the Bike Dock. The signal light remains yellow during the validation of the Member's system key, and the signal light turns green when the Bicycle can be removed. Two sound signals are also emitted. If the Bicycle is not removed within 15 seconds, the Bike Dock locks and the Member must repeat the process described above.

      Before each use of a Bicycle, Member must conduct a safety inspection of the Bicycle, which includes inspecting all of the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Member must not ride the Bicycle if Member notices any mechanical or other problem or safety issue; and, in such case, Member must promptly notify Motivate of all problems and issues and Member must use a different Bicycle. Member agrees to press the "Faulty Bike" button within 1 minute after docking any Bicycle that Member notices has any mechanical or other problem or safety issue.

    • Section 13 Returning Bicycle. Back to top

      To return a Bicycle, Member must secure it into an available Bike Dock; a sound signal will be emitted, and the signal light will turn yellow and then green to confirm that the Bicycle has been properly secured to the Bike Dock; however, if the Bicycle is not properly secured to the Bike Dock, then the signal light will turn red, and a longer sound signal will be emitted. If the signal light turns red, then Member must repeat the operation until the signal light turns green and the Bicycle is properly secured in the Bike Dock; however, if after several attempts the signal light does not turn green, then Member must return the Bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then Member must push the "Station Full" button on the Kiosk screen to obtain an additional 15-minute credit in which to return the Bicycle to another Station. No fee is charged to Member for the additional 15-minute credit. Any Bicycle that is not properly secured remains the sole responsibility of Member, and the overtime fees set forth in Section 2 will be charged until the Bicycle is properly secured.

    • Section 14 Obtaining Receipt.Back to top

      Member may print a receipt to confirm that the Bicycle has been properly returned to the Bike Dock, by pushing the "Print Receipts" icon on the Kiosk screen. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip.

    • Section 15 Helmets; Safety. Back to top

        Motivate recommends that all Members wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer's instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. Motivate and the other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and Member agrees that Motivate and the other Released Persons are not liable for any injury suffered by Member while using any of the Services, whether or not Member is wearing a helmet at the time of injury. Member agrees that, when using any of the Services, Member might need to take additional safety measures and precautions that are not specifically addressed in this Agreement.

        Section 16 Additional Terms of Use.Back to top

      1. You represent, warrant, and agree that You are a safe and competent bicycle operator, You are sufficiently fit and physically capable to safely ride a bicycle without any risk to Your health, You are knowledgeable about the operation of a bicycle, and You are knowledgeable about the laws pertaining to bicycles operated within the Counties of San Francisco, San Mateo, and Santa Clara. Like any physical activity, riding a Bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Bicycle, You assume all responsibilities and risks for all such injuries or other medical conditions.
      2. You represent, warrant, and agree that Motivate and the other Released Persons are not responsible for providing or maintaining bicycle lanes or any other place where You may ride Bicycles, and that Motivate and the other Released Persons do not guarantee that there will always be a safe place to ride a Bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
      3. You represent, warrant, and agree that Motivate and Bay Area Bike Share and Participating Entities are not common carriers. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Motivate and the other Released Persons provide Bicycles 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 Bicycle on their own and who have agreed to all terms and conditions of this Agreement.
      4. You agree that access to the Services is denied to any person less than 18 years of age.
      5. Member must report to the police and to Bay Area Bike Share Customer Services at (855)-480-BIKE (1-855-480-2453) as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Bicycle, (ii) any vandalism of any of the Services, and (iii) any stolen or lost Bicycle.
      6. Member must report to the police and to Bay Area Bike Share Customer Services at (855)-480-BIKE (1-855-480-2453) as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Bicycle, (ii) any vandalism of any of the Services, and (iii) any stolen or lost Bicycle.
      7. Section 17 Limitations on Availability of Services.Back to top

        Motivate makes every effort to provide the Services for 365 days per year; however, Motivate does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Motivate from providing the Services from time to time. Access to the Services also is conditioned on the availability of Bicycles and available Bike Docks at each Station. Motivate does not represent or warrant the availability of any Services or the availability of any Bicycles or Bike Docks at any Station. No sponsor of Bay Area Bike Share has any responsibility for providing any Services. Members should use the Website to check the inventory of Bicycles and Bike Docks available at a Station. Member agrees that Motivate may require Member to return a Bicycle at any time.

  3. Miscellaneous.Back to top

    • Section 18 Term and Termination. Back to top

      The term of this Agreement begins when You first use the Services, and the term ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under Section 4 of this Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your membership. At any time and from time to time, and without Your consent, Motivate may unilaterally terminate Your right to use any of the Services, in Motivate’s sole discretion and without any notice or cause.

      You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Motivate, (ii) the term of this Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.

      Within one year after a prior membership has expired, Member may renew the membership on the Website, under the "Member Login" heading. If the membership is not renewed within this period of time, then Member may be required to (i) take certain actions to reactivate Member's old account, or (ii) create an entirely new account for a new membership. The Annual Membership or 30-Day Trial Membership, and any personal identification number and system key related thereto, are non-transferable and may be terminated if Member breaches this Agreement, as decided by Motivate in its sole discretion.

      The provisions of sections 7 through 10 of this Agreement survive termination of the Agreement.

    • Section 19 Privacy Policy.Back to top

      For the privacy policy applicable to this Agreement, please visit: http://www.bayareabikeshare.com/privacy.

      Section 20 Notices.Back to top

      You may contact Motivate by writing, calling, or emailing Motivate at the street address, telephone number, and email address listed below:

      Motivate
      5202 3rd Avenue
      Brooklyn, NY 11220
      Customer Service: 1-(855)-480-BIKE (1-855-480-2453)
      customerservice@bayareabikeshare.com

    • Section 21 Choice of Law; Dispute Resolution.Back to top

      This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of California. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of California and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in the State of California; and (iv) the parties must submit the dispute to mandatory mediation held in the State of California. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

    • Section 22 Waivers.Back to top

      No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.

      For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Motivate and its affiliates, successors, and assigns and the Participating Entities to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Motivate and its affiliates, successors, and assigns and the Participating Entities (a) the right to photograph, videotape, and otherwise record Your appearance and voice, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Motivate may decide in its sole discretion, the photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

    • Section 23 Cumulative Remedies.Back to top

      All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

    • Section 24 Final Agreement; Modification by Motivate.Back to top

      This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Member's consent, Motivate may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use any Services after any amendment, modification, or change, Member has agreed to be bound by all such amendments, modifications, and changes. Member must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Motivate will post a notification on the Website. Notwithstanding any provision in this Agreement that may be to the contrary, the pricing set forth on the Website supersedes all pricing set forth in this Agreement.

    • Section 25 Contract Interpretation.Back to top

      The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not be exclusive in its meaning. "Including" means "including, but not limited to." Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

Member Agreement to Bicycle User Agreement

I certify that I am the Member, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Agreement.