eRyDE Rental Agreement, Waiver of Liability and Release

Effective: December 4, 2021

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. IT PUTS FORWARD THE LEGALLY BINDING TERMS AND CONDITIONS YOU ENTER INTO WHEN USING eRyDE’s FOR HIRE SERVICES.

In Relation to Your use of the For Hire Services provided by eRyDE (defined below) registered as eRyDE PTY LTD (ACN: 645 260 457) in Australia on the 20th Day of October 2020, requires that You ("Rider," "You," or "Your") (acting for all of Rider's family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this eRyDE Rental Agreement, Waiver of Liability, and Release ("Agreement").

eRyDE provides a number of services outlined herein; (1) eRyDE’s website and associated documentation, (2) eRyDE’s eScooter Vehicle Hire (‘Vehicle” or “Vehicles”), (3) Provided Accessories including but not limited to (a) eRyDE backpack, (b) Authorised and Australian Standards Approved Safety Helmet, (c) Authorised Manufacture approved Vehicle Charger, as per Section 1.15 below, (d) Authorised eRyDE Vehicle locking device, (e) Authorised eRyDE portable pneumatic pump. (4) All other related equipment, personnel, services, applications, websites, and information provided or made available by eRyDE (collectively, the “eRyDE Services”). 

In addition to the Terms and Conditions and Privacy Policy located at www.eryde.com.au which you agree to when making use of any eRyDE Service you should CAREFULY READ all parts of this agreement prior to making use of the eRyDE For Hire Services and entering into this agreement. Here is a partial list of some of the terms which eRyDE would like to bring to your initial attention in the event that you are viewing this agreement on a device with a small screen such as a smart phone. Capitalised terms have the meaning as defined within this agreement. 

THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW

As the law governing the legal use of electric Vehicles in Australia and Western Australia is constantly changing and varies from place to place, the Rider agrees that they familiarise themselves with the current version of all relevant laws (including but not limited to Federal, State and Local laws) and agree to comply with all such laws. eRyDE Vehicles must only be operated in such a place and in such a way which complies with all relevant laws including, but not limited to the Western Australian Road Traffic Code 2000. 

According to current WA legislation eScooters are limited to 25kph and Riders are required to limit their speed to 10kph on footpaths. The minimum age is limited to 16. A helmet must always be worn while operating an eScooter. Drink driving is not allowed. The Rider must not use a mobile device while operating the vehilce. 

You agree to comply with all local helmet laws and agree to always wear the provided Australian Standards Approved helmet, whenever operating an eRyDE Vehicle. 

You agree that you are 16 years of age or older.

You agree that you will not operate an eRyDE Vehile while pregnant.

You agree that you WILL NOT operate or Ride the Vehicle while under the influence of Drugs and/or Alcohol. 

You agree that you have thoroughly studied and understood all instructional and safety information provided by eRyDE at www.eryde.com.au and You agree to always comply with these recommendations when using an eRyDE Vehicle.

Rider agrees to pay for and take responsibility for any Fines, Penalties and/or Charges due to unlawful Operation of the Vehicle without any limitations. 

You must report any damaged or malfunctioning Vehicles to eRyDE via email or phone, located at www.eryde.com.au, as soon as possible.

You must report any stolen or suspected stolen Vehicle to eRyDE via email or phone, located at www.eryde.com.au, as soon as possible.

eRyDE expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein.

Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Australian Dollars

1. General Rental and Use of Vehicle.

1.1 Rider is the Sole User. eRyDE and the Rider are the only parties to this agreement. The Rider is the sole renter and is solely responsible for complying with all terms and conditions outlined herein. You agree that when You hire an eRyDE Vehicle, it is to be used and operated only by You. You must not allow others to use the Vehicle. 

1.2 Conditions of participation:

-Rider is at least 16 Years of Age. Rider certifies that Rider is at least 16 years of age by providing a drivers licence or an equivalent form of photo ID.

-You agree that you will not operate an eRyDE Vehile while pregnant.

1.3 Rider agrees with the following;

-Rider has familiarised themselves with all the Instructional and Safety information provided by eRyDE at www.eryde.com.au   

-Rider certifies that he/she is familiar with the operation of the Vehicle and is competent to safely operate and ride the Vehicle.

-Rider certifies that he/she is physically fit to operate and ride the Vehicle. 

- By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. 

-You are responsible for determining wheather conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, which make it dangerous to operate a Vehicle. You are advised to adjust Your riding behaviour and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

1.4 Vehicle is the Exclusive Property of eRyDE.

-Rider agrees without limitation that the Vehicle and any attached equipment or supplied accessories are at all times and will always remain the exclusive property of eRyDE.

-Rider agrees not to dismantle, change, repair, modify or make any adjustments to the Vehicle, other than approved eRyDE maintenance (i.e the toping up of tyre pressure using the provided pump)

-Rider agrees not to write on, or otherwise deface a Vehicle, or any part thereof, or any other eRyDE equipment and accessories in any way. 

-You must not write on, peel, or otherwise modify, change or deface any sticker on a Vehicle in any way. 

-You must not use an eRyDE vehicle or equipment and accessories for any advertising or other commercial purposes without the express written permission of eRyDE.

1.5 Rider agrees to the rental time frame of eRyDE Vehicles, equipment and accessories, including drop off and pickup times.

-Rider agrees that the maximum rental period for a single hire charge is 24 hours (or multiples thereof) 

-Rider agrees to be available between the hours of 07:00 to 10:00 (local) on the morning of the booking to accept and take delivery of the Vehicle(‘s) and all equipment and accessories. 

-Rider agrees to have the Vehicle and all equipment and accessories available for pick up the following morning between 07:00 to 10:00 (local).

-Rider agrees to hand back the Vehicle fully charged.

-Rider agrees that he/she will incur late fees and penalty charges if they fail to be available during the above stipulated drop off and pick up times. 

1.6 Vehicle May be operated and Ridden only on smooth tarmac/surfaces suitable and safe for the use of such Vehicles, and NEVER off road. 

1.7(a) As the law governing the legal use of electric Vehicles in Australia and Western Australia is constantly changing and varies from place to place, the Rider agrees that they familiarise themselves with the current version of all relevant laws (including but not limited to Federal, State and Local laws) and agree to comply with all such laws. eRyDE Vehicles must only be operated in such a place and in such a way which complies with all relevant laws including, but not limited to the Western Australian Road Traffic Code 2000. 

According to current WA legislation eScooters are limited to 25kph and Riders are required to limit their speed to 10kph on footpaths. The minimum age is limited to 16. A helmet must always be worn while operating an eScooter. Drink driving is not allowed. The Rider must not use a mobile device while operating the vehilce. 

1.7 (b) You agree to comply with all local helmet laws and agree to always wear the provided Australian Standards Approved helmet, whenever operating an eRyDE Vehicle. 

1.8 Prohibited Acts. Rider agrees to the following:

-eRyDE does not allow operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other items that can alter balance or impair safe operation of the Vehicle.

-eRyDE only allows the use of the provided eRyDE backpack and the Rider agrees to always ensure this item is worn on their back as intended for a backpack and fits snugly to Your body and does not impede Your ability to operate the Vehicle safely. 

-You must not place heavy objects on the handlebar of the Vehicle, such as but not limited to heavy backpacks or bags.

-While riding a Vehicle, You must not use any mobile phone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.

-You must not operate or Ride a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.

-You must not carry a second person or child on a Vehicle.

-You may only use locking mechanisms provided by eRyDE. You may not add another lock to the Vehicle or lock a Vehicle to anything.

-The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.

-The Vehicle must be parked in a space that is visible.

1.9 Vehicle is Intended for Only Limited Types of Use. Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

1.10 Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle (100 kg).

1.11 No Tampering. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the eRyDE Services other than as specified in this Agreement.

1.12 Reporting of Damage or Crashes. Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to eRyDE as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is 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 Vehicle.

YOUR AUTOMOTIVE INSURANCE POLICIES AND/OR HOME AND CONTENTS INSURANCE PROVIDER MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE AND/OR HOME AND CONTENTS INSURANCE COMPANY OR AGENT TO GET CLARIFICATION. eRyDE DOES NOT PROVIDE INSURANCE COVER. 

1.13 Rider Responsibility for Vehicle Use and Damage. Rider agrees to return the Vehicle to eRyDE in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.

1.14 Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:

-The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).

-The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.

-The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.

-It is Rider's responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.

-The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.

-The Vehicle may run out of charging power and cease to operate at any time during Rider's rental of the Vehicle, including before reaching Rider's desired destination.

-Rider is solely responsible for the recovery of a Vehicle which has run out of batteries. 

1.15 Charging of Vehicle:

-Rider agrees to charge the Vehicle overnight, after using the Vehicle, in order to ensure the Vehicle is 100% Charged when returning it. 

-Rider agrees to only use the provided Manufacturer approved charging device for the purpose of charging the Vehicle. 

-Rider agrees to follow all manufacturer instructions and safety advice related to the Charging of Vehicle. 

-Rider agrees to always monitor the charching of any eRyDE vehicle and to never leave a vehicle unatended while being charged. 

-Consistent with Section 1.15, Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney's fees, judgments, suits, or disbursements of any kind or nature whatsoever related to charging of the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that eRyDE and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.

2. Payment and Fees.

2.1 Fees. Rider may use the Vehicle on a pay per 24 hour period basis as described and defined on the eRyDE website www.eryde.com.au.

- fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by eRyDE. 

-eRyDE will charge the Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.

2.2 Promo Codes. Promo codes (discounts) are one-time offers and can be redeemed only via the eRyDE website www.eryde.com.au. 

-eRyDE 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 24 hours (or multiples thereof)

-In the event the Rider fails to have the Vehicle available for pickup at the agreed time (i.e between the local hours of 07:00 to 10:00 on the day after the booking), the Rider agrees that he/she is solely responsible for any costs and/or loss of business incurred by eRyDE and agrees to pay for another 24 hour period in addition to penalty fees as determined by eRyDE, up to a maximum of the recommended retail price of the Vehicle at the time of the event. 

-Rider agrees that they will continue to pay for the Vehicle until they are able to make available the Vehicle at the agreed pickup time and location for eRyDE to take back possession of the Vehicle, in addition to any penalty fees as determined by eRyDE, up to a maximum of the recommended retail price of the Vehicle at the time of the event

-The Rider acknowledges and agrees that if the Vehicle is not made available for pick up at the predetermined place and time, eRyDE may elect to submit a police report to the local police department and report the Vehicle stolen.

2.4 Valid Credit Card or Debit Card. To be registered to use the eRyDE Services, Rider must provide eRyDE with a valid credit or debit card number and expiration date. Rider represents and warrants to eRyDE that Rider is authorised to use any credit or debit card Rider furnishes to eRyDE. Rider authorizes eRyDE to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by eRyDE. If Rider disputes any charge on Rider's credit or debit card account, then Rider must contact eRyDE within 7 business days from the end of the rental period of any disputed charge and provide to eRyDE all information that is necessary to identify the disputed charge, such as the date of the trip. Rider agrees to immediately inform eRyDE of all changes relating to the card.

2.5 Recovery Fees. 

If a Vehicle breaks down or runs out of battery charge, the Rider agrees to recover the Vehicle at his/her own cost and have it available for pickup by eRyDE at the pre-determined time and place. 

2.6 Cancelation Policy.

The Hire will not go ahead if eRyDE decides in its abslolute discretion for whatever reason - safety, weather, or otherwise - to cancel a booking at any time. If a Rider decides to cancel a booking, eRyDE reserves the right to reschedule the booking at the Riders conveniance, or issue a refund voucher, or issue a full refund. In such circumstances eRyde will not be liable for any loss or damage relating to the cancelation of hire. Bookings are not refundable except in accordance with these terms or as agreed in writing by eRyDE. Refunds if and where permitted will only be made to the person who purched the hire from eRyDE. 

2.7 Deposit.

eRyDE will take a $100 deposit, per vehicle, via credit card on drop off which will be refunded when the vehicle/s are returned in the same condition. If there is any damage to an eRyDE vehicle, eRyDE reserves the right to keep the deposit in full or part thereof as immediate compensation. For riders who do not have a permenant local address the deposit is $200 per scooter. For damage to safety clips $30 will be removed from the deposit. For scuff marks, $30 per scuff mark will be removed from the deposit. This list is not exhaustive

3. Other Terms of Use.

3.1 Safety Check. Rider shall conduct a basic safety check of the Vehicle upon delivery of the Vehicle and before each use:

- (a) the integrity of the wheels including ensuring sufficient pressure is in the tyres.

- (b) the folding mechanism and the safety latch is securely in place when the Vehicle is unfolded.

- (c) all lights work on the Vehicle including the break light.

- (d) the brakes on the Vehicle are checked for correct and safe operation.

- (e) the frame, including deck, of the Vehicle is in good and safe condition. 

- (f) the Vehicle has sufficient battery charge power for its intended use.

- (g) any other signs of damage, unusual or excessive wear, or other obvious mechanical or electrical problems or issues AND the Rider agrees not to ride the Vehicle if there are any noticeable problems or issues including, but not limited to, those listed in this paragraph, and to immediately notify eRyDE of any such issues using the phone number or email address listed on its website www.eryde.com.au 

3.2 Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if;

- (a) the Vehicle is not returned/made available for pickup by eRyDE at the pre-agreed place and time, without other arrangements having been agreed to by the Rider and eRyDE, and subject to fees and penalties stipulated in sub-paragraph 2.3.

- (b) the Vehicle is parked in any unauthorized private property, and/or locked area of any kind, or in any other public or non-public space and recovery of the Vehicle by either the Rider or eRyDE is not possible. Such a Vehicle will be deemed lost or Stolen by eRyDE and due process invoked, unless the Rider agrees to take full responsibility for the recovery, and cost thereof, of such a Vehicle and covers any other associated fees and penalties as stimulated in sub-paragraph 2.3. 

- (c) other facts and circumstances that suggest to eRyDE in its reasonable, good faith determination that a Vehicle has been lost or stolen.

If eRyDE deems a Vehicle lost or stolen, eRyDE shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees to report Vehicle disappearance or theft to eRyDE immediately or as soon as possible.

3.3 Helmets; Rider agrees to wear an eRyDE provided helmet at all times when operating an eRyDE Vehicle. The Rider will ensure that the helmet is adjusted to fit properly ad is fastened according to the manufacture’s instructions. eRyDE and all other Released Persons (defined below in section 15) do not represent or warrant the quality or safety characteristics of provided helmets, and Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while operating any eRyDE Vehicle whether or not the Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need additional safety measures or precautions not specifically addressed in this Agreement. 

3.4 Vehicle Routes. Rider agrees that eRyDE does not provide or maintain places to ride Vehicles, and that eRyDE does not guarantee that there will always be a safe place or a legally approved place to ride a Vehicle. Weather, traffic or other hazards may render certain routes and locations unsafe to the point where an eRyDE Vehicle should not be operated. 

3.5 Limitations on Vehicle Rental. Rider agrees that eRyDE is not a common carrier. Other means of public and private transport exist and are available to the general public and eRyDE Riders alike, including but not limited to buses, trains, taxis, Uber, Ola, Didi or any privately owned and operated vehicles. eRyDE provides Vehicles only for recreational purposes and not to replace such modes of transport. eRyDE vehicles are intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

3.6 Limitations on Availability of eRyDE Vehicles. eRyDE operates a fixed fleet of Vehicles. eRyDE also operates on specified days only. Availability and operating hours are available at www.eryde.com.au. As such eRyDE cannot guarantee the availability of a Vehicle. eRyDE operates on a first in, first served basis. 

4. Termination.

4.1 Termination by eRyDe. At any time and from time to time, and without Rider consent eRyDE may unilaterally terminate Rider’s right to use eRyDE Services, in eRyDE’s sole discretion and without any notice or cause. Rider my terminate Rider’s use of eRyDE Services at any time; provided, however that a) no refund will be provided by eRyDE, b) the terms of this Agreement continues in accordance with this Agreement, and c) Rider may still be charged any additional fees in accordance with this Agreement. This agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the eRyDE Services, regardless of how the Agreement is terminated. 

5. Confidentiality of Information; Privacy Policies.

You understand and agree that all personal information that is held by eRyDE and pertains to Riders, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by eRyDE in accordance with its privacy policy located at www.eryde.com.au  

6. License to Image and Likeness.

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 eRyDE and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the eRyDE Services, 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 eRyDE and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the eRyDE Services, 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 eRyDE may decide in its sole discretion, such 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 (defined below in Section 15) 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.

7. Notice.

eRyDE may be contacted by emailing info@eryde.com.au

8. Choice of Law; Dispute Resolution.

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of Western Australia and Australia, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable legal 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 Western Australia and Australia and agrees that those courts have personal jurisdiction over each party; (iii) venue must be within Australia. 

9. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

9.1 Initial Dispute Resolution. Rider Support is available via www.eryde.com.au to address any concerns you may have regarding your use of a Vehicle and/or this Agreement. The parties shall use their best efforts through such a support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

9.2 Binding Arbitration. If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use and rental of a Vehicle, this Agreement, and the parties' relationship with each other shall be finally settled by binding arbitration by a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in the court of competent jurisdiction in Australia. 

9.3 Location. The arbitration will take place in Australia and at a mutually agreed upon location.

9.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND eRyDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

9.5 Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

10. Waiver and Severability.

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 provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

11. Cumulative Remedies.

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.

12. Final Agreement; Modification by eRyDE.

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 Rider's consent, eRyDE may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the eRyDE Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider 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, eRyDE will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

13. Contract Interpretation.

The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not to 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.

14. Voluntary Execution of this Agreement.

This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of eRyDE. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.

15. Releases; Disclaimers; Assumption of Risk.

In exchange for Rider being allowed to use eRyDE Services, Vehicles, and other equipment or related information provided by eRydE, Rider agrees to fully release, indemnify, and hold harmless eRyDE and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide eRyDE Services, and every sponsor of any of the eRyDE Services and all of the sponsor's owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the "Released Persons") from liability for all "Claims" arising out of or in any way related to Rider's use of the eRyDE Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons' alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons' gross negligence or wilful misconduct. Such released are intended to be general and complete releases of all Claims.

"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 attorney's fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, 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 eRyDE Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Rider's use of any of the foregoing.

To the fullest extent permitted by law, and as to Rider's use of any of the eRyDE Services, Vehicles, or related equipment, eRyDE and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the eRyDE Services, Vehicles, and related equipment are provided "as is" and "as available," and Rider relies on them at Rider's own risk.

Rider is aware that Rider's use of any of the eRyDE Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:

vehicles and other objects;

pedestrians;

traffic;

Vehicle or component malfunction;

road conditions;

weather conditions;

failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to 

Section 1.7;

commission of any of the prohibited acts listed in Section 1.8;

failure to perform the required safety check pursuant to Section 3.1;

failure to wear a helmet where required by law; and

negligent acts or omissions by eRyDE, any other Released Person, Rider, or third party.

Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.

To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of eRyDE, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favour at the time of use of eRyDE Services, and expressly waives Rider's rights under any statutes that purport to preserve Rider's unknown claims.

RIDER ACCEPTANCE OF AGREEMENT

I certify that I have read and expressly agree to the terms and conditions of Section 15 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.

I certify that I am the Rider, I am 16 years old or over, I will wear a helmet where required by law, I will not ride an eRyDE Vehicle with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.