TERMS AND CONDITIONS, SAFETY AND USE – E-BIKE  E-BikeandScooterHire.com.au

In consideration of your use of any of the Electric Bike provided by E-Bike and
Scooter Hire, E-Bike and Scooter Hire 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 Usage
Agreement, Waiver of Liability, and Release (‘Agreement’). All applicable laws
(including, without limitation, those applicable to traffic, pedestrians, parking,
charging and electric Vehicles) must be obeyed, including any helmet laws in
your area.
1. GENERAL RENTAL AND USE OF VEHICLE
1.1 THE RIDER IS AT LEAST 18 YEARS OLD
The Rider warrants that Rider is at least 18 years old.
1.2 THE RIDER IS A COMPETENT VEHICLE OPERATOR
The Rider represents and certifies that he/she is familiar with the operation of
the Electric Bike and is reasonably competent and physically fit to ride the
Vehicle. By choosing to ride the Electric Bike, the Rider assumes all
responsibilities and risks for any injuries or medical conditions. You are
responsible for determining whether conditions, including, without limitation,
rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate
the Electric Bike. You are advised to adjust Your riding behaviour and braking
distance to suit the weather, visibility, surrounding environment, and traffic
conditions.
1.3 THE RIDER MUST FOLLOW LAWS REGARDING USE AND/OR
OPERATION OF VEHICLE
The Rider agrees to follow all laws pertaining to the use, riding, parking,
charging, and/or operation of the Vehicle, including all state and local laws and
the rules and regulations pertaining to Vehicles in the area where You are
operating the Vehicle, including any helmet laws.
1.4 PROHIBITED ACTS. The Rider agrees to the following:
(a) E-Bike and Scooter Hire recommends against operation of a Vehicle while
carrying or holding a briefcase, backpack, bag, or other item that can alter
balance or impair safe operation of the Electric Bike. If You choose to use such
an item, E-Bike and Scooter Hire recommends that You ensure the item fits
snugly to Your body and does not impede Your ability to operate the Vehicle
safely; (b) You must not place heavy objects on the handlebar of the Electric
Bike, such as heavy backpacks or bags; (c) While riding the Electric Bike, you
must not use any cellular telephone, text messaging device, portable music
player, or other device that may distract You from operating the Electric Bike
safely; (d) You must not operate the Electric Bike while under the influence of
any alcohol, drugs, medication, or other substance that may impair your ability
to operate the Electric Bike safely; (e) You must not carry a second person or
child on the Electric Bike; (f) You must not mount or dismount kerbs or any
other elevated surface; (g) The Electric Bike is not intended for off-road or rough
usage; (h) The Electric Bike is not a stunt bike and it’s intended use to for even
surfaces; (i) You must not use the Electric Bike in flooded, wet or snowy
conditions and must not drive Bike through heavy puddles.
1.5 VEHICLE IS INTENDED FOR ONLY LIMITED TYPES OF USE
The Rider agrees that he/she will not use the Electric Bike for racing, mountain
riding, or stunt or trick riding. The Rider agrees that he/she will not operate
and/or use the Electric Bike on unpaved roads, through water (beyond normal
urban riding), or in any location that is prohibited, illegal, and/or a nuisance to
others.
1.6 WEIGHT AND CARGO LIMITS
You must not exceed the maximum weight limit of 120kg for the Electric Bike.
1.7 NO ALTERATIONS
You must not tamper with, alter software or hardware on the Electric Bike with
voiding warranty.
1.8 CHARGER & PLUG
The Rider agrees to only use the charger and plug provided by to You. No other
charger or plug may be used for charging the Electric Bike.
1.9 ELECTRIC VEHICLE
The Electric Bike is an electric Vehicle that requires periodic charging of its
battery in order to operate. The 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. The Rider understands
and agrees with each of the following: (a) the level of charge power remaining
in the Electric Bike will decrease with use of the Electric Bike (over both time
and distance), and that as the level of charge power of the Electric Bike
decreases, the speed and other operational capabilities of the Electric Bike may
decrease (or cease in their entirety); (b) the rate of loss of charging power
during the use of the Electric Bike is not guaranteed and will vary based on the
Electric Bike, road conditions, weather conditions, and other factors.
1.9B CHARGING OF VEHICLE
The Rider may charge the Electric Bike only by plugging a proper
manufacturer-approved charging cord into an outlet that may be lawfully used
for such purpose. The Rider agrees to follow all laws and rules pertaining to the
charging of the Electric Bike, including all state and local laws and all public
and private rules and regulations pertaining to the area and to the property
where the Rider is charging the Vehicle.
1.10 INSURANCE
Your automotive insurance policies may not provide coverage for accidents
involving or damage to this vehicle. To determine whether coverage is provided
to you, you should contact your automotive insurance company.
2. ADDITIONAL TERMS OF USE
2.1 SAFETY CHECK
Before each use of the Electric Bike, the Rider shall conduct a basic safety
inspection of the Vehicle, which includes inspecting the following: (a) trueness
of the wheels; (b) safe operation of all brakes and lights; (c) good condition of
the frame; (d) sufficient battery charge power; and (e) any sign of damage,
unusual or excessive wear, or other open and obvious mechanical
problem/maintenance need. The Rider agrees not to ride the Electric Bike if
there are any noticeable issues, and to immediately notify E-Bike and Scooter
Hire to alert of any problems.
2.2 SECURITY DEPOSIT
A security deposit of $150.00 will be payable to and be held by E-Bike and
Scooter Hire for the term of the Agreement. If the Agreement is breached, the
whole or part of the security deposit may be applied towards the cost of loss or
damage of the Electric Scooter to be applied at the absolute discretion of EBike and Scooter Hire.
2.3 HELMETS AND SAFETY
E-Bike and Scooter Hire recommends that all Riders wear an approved helmet
that has been properly sized, fitted and fastened according to the
manufacturer’s instructions. E-Bike and Scooter Hire do not represent or
warrant the quality or safety characteristics of any helmet, and the Rider agrees
that none of the Released Persons is liable for any injury suffered by the Rider
while using any of the Electric Bike, whether or not the Rider is wearing a
helmet at the time of injury. The Rider assumes all risk of not wearing a helmet
or other protective gear. The Rider may need to take additional safety
measures or precautions not specifically addressed in this Agreement.
3. CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement is governed by, and in accordance with the laws of New South
Wales. For every dispute regarding this Agreement, the prevailing party is
entitled to its costs and expenses incurred in resolving or settling the dispute,
in addition to all other damages or which the party may be entitled.
4. THE AGREEMENT
The 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.
By signing and agreeing to the terms and conditions of this Agreement, you are
releasing, discharging and indemnifying E-Bike and Scooter Hire owners,
employees and associates from any liability or claim upon the aforementioned
loss and damage/s or losses incurred by myself, partner or third-party against
E-Bike and Scooter Hire.
5. RELEASES
The Rider agrees to fully release and indemnify E-Bike and Scooter Hire and
all of its owners, managers, affiliates, employees, contractors, officers,
directors, shareholders, and assigns (collectively, the “Released Persons”)
from liability for all “Claims” arising out of or in any way related to the Rider’s
use of the Electric Bike including, but not limited to, those Claims based on
Released Persons’ alleged negligence, breach of contract, and/or breach of
express or implied terms, except for Claims based on Released Persons’ gross
negligence or wilful misconduct.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities,
disputes, causes of action, proceedings, obligations, debts, liens, fines,
charges, penalties, contracts, promises, costs, expenses, damages (including
but not limited to, for personal injury, wrongful death, property damage, and
injury to rider or to third parties, and/or consequential loss), or that arise from
or relate to Rider’s use of any of the Electric Bike.
6. DISCLAIMER
The Rider is aware that Rider’s use of any of the Electric Bike 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: (a) vehicles and other objects; (b)
pedestrians; (c) traffic; (d) vehicle or component manufacture; (e) road
conditions; (f) weather conditions; (g) failure to follow the applicable laws
regarding use and/or operation of the Vehicle pursuant to Section 1.3; (h)
commission of any of the prohibited acts in Section 1.4; (i) failure to wear a
helmet where required.
7. RISK
The Rider, or third-party Rider is solely and fully responsible for the safe
operation of Vehicle at all times. The Rider agrees that Vehicles are machines
that may malfunction, even if the Vehicle is properly maintained and that such
malfunction may cause injury. The Rider assumes full and complete
responsibility for all related risks, dangers, and hazards. To the fullest extent
permitted by law, this Agreement includes any and all Claims related to or
arising from the sole or partial negligence of E-Bike and Scooter Hire, the
Released Parties, or any other party. The Rider hereby expressly waives any
claims against the Released Parties.

TERMS AND CONDITIONS, SAFETY AND USE – ELECTRIC SCOOTERS E-BikeandScooterHire.com.au
In consideration of your use of any of the Electric Scooters provided by E-Bike
and Scooter Hire, E-Bike and Scooter Hire 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 Usage
Agreement, Waiver of Liability, and Release (‘Agreement’). All applicable laws
(including, without limitation, those applicable to traffic, pedestrians, parking,
charging and electric Vehicles) must be obeyed, including any helmet laws in
your area.
1. GENERAL RENTAL AND USE OF VEHICLE
1.1 THE RIDER IS AT LEAST 18 YEARS OLD
The Rider warrants that Rider is at least 18 years old.
1.2 THE RIDER IS A COMPETENT VEHICLE OPERATOR
The Rider represents and certifies that he/she is familiar with the operation of
the Electric Scooter and is reasonably competent and physically fit to ride the
Vehicle. By choosing to ride the Electric Scooter, the Rider assumes all
responsibilities and risks for any injuries or medical conditions. You are
responsible for determining whether conditions, including, without limitation,
rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate
the Electric Scooter. You are advised to adjust Your riding behaviour and
braking distance to suit the weather, visibility, surrounding environment, and
traffic conditions.
1.3 THE RIDER MUST FOLLOW LAWS REGARDING USE AND/OR
OPERATION OF VEHICLE
The Rider agrees to follow all laws pertaining to the use, riding, parking,
charging, and/or operation of the Vehicle, including all state and local laws, and
the rules and regulations pertaining to Vehicles in the area where You are
operating the Vehicle, including any helmet laws. The Rider acknowledges that
he/she may legally use the Vehicle on private property only.
1.4 PROHIBITED ACTS. The Rider agrees to the following:
(a) E-Bike and Scooter Hire recommends against operation of a Vehicle while
carrying or holding a briefcase, backpack, bag, or other item that can alter
balance or impair safe operation of the Electric Scooter. If You choose to use
such an item, E-Bike and Scooter Hire recommends that You ensure the item
fits snugly to Your body and does not impede Your ability to operate the Vehicle
safely; (b) You must not place heavy objects on the handlebar of the Electric
Scooter, such as heavy backpacks or bags; (c) While riding the Electric
Scooter, you must not use any cellular telephone, text messaging device,
portable music player, or other device that may distract You from operating the
Electric Scooter safely; (d) You must not operate the Electric Scooter while
under the influence of any alcohol, drugs, medication, or other substance that
may impair your ability to operate the Electric Scooter safely; (e) You must not
carry a second person or child on the Electric Scooter; (f) You must not mount
or dismount kerbs or any other elevated surface; (g) The Electric Scooter is not
intended for off-road or rough usage; (h) The Electric Scooter is not a stunt
scooter and it’s intended use to for even surfaces; (i) You must not use the
Electric Scooter in flooded, wet or snowy conditions and must not drive scooter
through heavy puddles.
1.5 VEHICLE IS INTENDED FOR ONLY LIMITED TYPES OF USE
The Rider agrees that he/she will not use the Electric Scooter for racing,
mountain riding, or stunt or trick riding. The Rider agrees that he/she will not
operate and/or use the Electric Scooter on unpaved roads, through water
(beyond normal urban riding), or in any location that is prohibited, illegal, and/or
a nuisance to others.
1.6 WEIGHT AND CARGO LIMITS
You must not exceed the maximum weight limit of 100kg for the Electric
Scooter.
1.7 NO ALTERATIONS
You must not tamper with, alter software or hardware on the Electric Scooter
with voiding warranty.
1.8 CHARGER & PLUG
The Rider agrees to only use the charger and plug provided by to You. No other
charger or plug may be used for charging the Electric Scooter.
1.9 ELECTRIC VEHICLE
The Electric Scooter is an electric Vehicle that requires periodic charging of its
battery in order to operate. The 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. The Rider understands
and agrees with each of the following: (a) the level of charge power remaining
in the Electric Scooter will decrease with use of the Electric Scooter (over both
time and distance), and that as the level of charge power of the Electric Scooter
decreases, the speed and other operational capabilities of the Electric Scooter
may decrease (or cease in their entirety); (b) the rate of loss of charging power
during the use of the Electric Scooter is not guaranteed and will vary based on
the Electric Scooter, road conditions, weather conditions, and other factors.
1.9B CHARGING OF VEHICLE
The Rider may charge the Electric Scooter only by plugging a proper
manufacturer-approved charging cord into an outlet that may be lawfully used
for such purpose. The Rider agrees to follow all laws and rules pertaining to the
charging of the Electric Scooter, including all state and local laws and all public
and private rules and regulations pertaining to the area and to the property
where the Rider is charging the Vehicle.
1.10 INSURANCE
Your automotive insurance policies may not provide coverage for accidents
involving or damage to this vehicle. To determine whether coverage is provided
to you, you should contact your automotive insurance company.
2. ADDITIONAL TERMS OF USE
2.1 SAFETY CHECK
Before each use of the Electric Scooter, the Rider shall conduct a basic safety
inspection of the Vehicle, which includes inspecting the following: (a) trueness
of the wheels; (b) safe operation of all brakes and lights; (c) good condition of
the frame; (d) sufficient battery charge power; and (e) any sign of damage,
unusual or excessive wear, or other open and obvious mechanical
problem/maintenance need. The Rider agrees not to ride the Electric Scooter
if there are any noticeable issues, and to immediately notify E-Bike and Scooter
Hire to alert of any problems.
2.2 SECURITY DEPOSIT
A security deposit of $150.00 will be payable to and be held by E-Bike and
Scooter Hire for the term of the Agreement. If the Agreement is breached, the
whole or part of the security deposit may be applied towards the cost of loss or
damage of the Electric Scooter to be applied at the absolute discretion of EBike and Scooter Hire.
2.3 HELMETS AND SAFETY
E-Bike and Scooter Hire recommends that all Riders wear an approved helmet
that has been properly sized, fitted and fastened according to the
manufacturer’s instructions. E-Bike and Scooter Hire do not represent or
warrant the quality or safety characteristics of any helmet, and the Rider agrees
that none of the Released Persons is liable for any injury suffered by the Rider
while using any of the Electric Scooter, whether or not the Rider is wearing a
helmet at the time of injury. The Rider assumes all risk of not wearing a helmet
or other protective gear. The Rider may need to take additional safety
measures or precautions not specifically addressed in this Agreement.
3. CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement is governed by, and in accordance with the laws of New South
Wales. For every dispute regarding this Agreement, the prevailing party is
entitled to its costs and expenses incurred in resolving or settling the dispute,
in addition to all other damages or which the party may be entitled.
4. THE AGREEMENT
The 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.
By signing and agreeing to the terms and conditions of this Agreement, you are
releasing, discharging and indemnifying E-Bike and Scooter Hire owners,
employees and associates from any liability or claim upon the aforementioned
loss and damage/s or losses incurred by myself, partner or third-party against
E-Bike and Scooter Hire.
5. RELEASES
The Rider agrees to fully release and indemnify E-Bike and Scooter Hire and
all of its owners, managers, affiliates, employees, contractors, officers,
directors, shareholders, and assigns (collectively, the “Released Persons”)
from liability for all “Claims” arising out of or in any way related to the Rider’s
use of the Electric Scooter including, but not limited to, those Claims based on
Released Persons’ alleged negligence, breach of contract, and/or breach of
express or implied terms, except for Claims based on Released Persons’ gross
negligence or willful misconduct.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities,
disputes, causes of action, proceedings, obligations, debts, liens, fines,
charges, penalties, contracts, promises, costs, expenses, damages (including
but not limited to, for personal injury, wrongful death, property damage, and
injury to rider or to third parties, and/or consequential loss), or that arise from
or relate to Rider’s use of any of the Electric Scooter.
6. DISCLAIMER
The Rider is aware that Rider’s use of any of the Electric Scooter 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: (a)vehicles and other objects; (b)
pedestrians; (c) traffic; (d) vehicle or component manufacture; (e) road
conditions; (f) weather conditions; (g) failure to follow the applicable laws
regarding use and/or operation of the Vehicle pursuant to Section 1.3; (h)
commission of any of the prohibited acts in Section 1.4; (i) failure to wear a
helmet where required.
7. RISK
The Rider, or third-party Rider is solely and fully responsible for the safe
operation of Vehicle at all times. The Rider agrees that Vehicles are machines
that may malfunction, even if the Vehicle is properly maintained and that such
malfunction may cause injury. The Rider assumes full and complete
responsibility for all related risks, dangers, and hazards. To the fullest extent
permitted by law, this Agreement includes any and all Claims related to or
arising from the sole or partial negligence of E-Bike and Scooter Hire, the
Released Parties, or any other party. The Rider hereby expressly waives any
claims against the Released Parties