Ryde Inc. Rental Agreement, Waiver of
Liability and Release
Effective Date:May 7, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. IT
SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE RYDE
SERVICES. In consideration of your (“Rider,” “You” or “Your”) use of any of the
Ryde Services (as defined herein) provided by Ryde Inc. (“Ryde”), Ryde requires
that You (acting on behalf of all of Rider’s family, heirs, agents, affiliates,
representatives, successors, and assigns) agree to all of the terms and
conditions contained in this this Ryde Rental Agreement, Waiver of Liability,
and Release (“Agreement”). The services provided by Ryde include (1) the Ryde
mobile application (the “Ryde App”) and the Ryde website, letsgoryde.com (the “Ryde
Site”); and (2) Ryde Electric Vehicles (“Vehicle” or “Vehicles”); (3) all other
related equipment, personnel, services, applications, websites, and information
provided, or made available, by Ryde (collectively, the “Ryde Services”). In
addition to the Terms of Service, located at letsgoryde.com/terms-and-conditions,
that You expressly agreed to when you signed up to use the Ryde Services, You
should CAREFULLY READ this Agreement in its entirety. 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 Ryde expressly agrees to let, and the Rider
expressly agrees to take on, rental of the Vehicle subject to the terms and
conditions set forth herein. Unless otherwise indicated, all monetary values
set forth in this Agreement shall be deemed to be denominated in U.S. dollars.
1. GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider is Sole User.
Ryde and the Rider are the only parties to
The Rider is the sole renter and is solely
responsible for compliance with all terms and conditions contained herein. You
understand that when You activate a Vehicle, the Vehicle must be used only by
You. You must not allow any other persons to use a Vehicle that You have
1.2 Rider is At Least 18 Years Old.
Rider represents and certifies that Rider
is at least 18 years old. Persons under the age of 18 years old are prohibited
from using or accessing the Ryde Services.
1.3 Rider is a Competent Vehicle
Rider represents and certifies that he/she
is familiar with the operation of the Vehicle, and that he/she is reasonably
competent and physically fit to ride the Vehicle. This information may be
updated periodically. By choosing to ride a Vehicle, Rider assumes all
responsibilities and risks, as more fully detailed in Section 15 of this
Agreement, for any injuries or medical conditions, including death, as well as
property damage, incurred while utilizing the Ryde Services. You are responsible
for determining whether the conditions, including, without limitation, rain,
fog, snow, hail, ice, heat or electrical storms, make it dangerous or hazardous
to operate a Vehicle. You are advised to adjust Your riding behavior and
braking distance in relation to all conditions, including, without limitation,
the weather, visibility, surrounding environment and traffic conditions.
1.4 Vehicle is the Exclusive Property of
Rider agrees that the Vehicle and any and
all equipment attached thereto, at all times, remain the exclusive property of Ryde.
You must not dismantle, deface, write on, repair, or otherwise modify, a
Vehicle, any part of a Vehicle or other Ryde equipment in any way. You must not
write on, peel, or otherwise modify or deface any sticker on a Vehicle in any
way. You must not use a Vehicle, or any other Ryde equipment, for any
advertising or other commercial purpose without the express prior written
consent of Ryde.
1.5 Vehicle Operating Hours and Vehicle
Rider agrees and acknowledges that the
Vehicles are not available 24 hours a day, 7 days/week, 365 days per year.
Vehicles must be rented within the maximum rental time limits set forth below.
There is a finite number of Vehicles, and Ryde does not guarantee Vehicle availability.
1.6 Vehicle May be Used and/or Operated
Rider agrees to only use, operate, and/or
ride the Vehicle in the fleet’s defined city limits.
1.7 Rider Must Follow Laws Regarding Use
and/or Operation of Vehicle.
Rider agrees to follow all laws pertaining
to the use, riding, parking, charging, and/or operation of the Vehicle,
including all applicable federal, state and local laws, including any rules and
regulations pertaining to vehicles in the area where You are operating the
Vehicle, including, but not limited to, any helmet laws. Rider also agrees to
act safely, and with courtesy and respect toward others while using the Ryde
1.8 Prohibited Acts. Rider agrees to the
Ryde advises 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 Vehicle. If You choose to bring such an
item onto a Vehicle, such item must fit snugly to Your body and not impede,
in any way, Your ability to safely operate the Vehicle.You must not place objects on the handlebar of the Vehicle
which in anyway interferes with your ability to properly and safely
operate the Vehicle.While riding a Vehicle, You must not use any cellular
telephone, text messaging device, mobile communications device, portable
music player, or any other device that may distract You from safely
operating the Vehicle or the use of which is otherwise prohibited by any
applicable laws, rules or regulations.You must not operate a Vehicle while under the influence of any
alcohol, drugs, medication, or other substance that may impair Your
ability to operate a Vehicle safely or otherwise impair your judgment.Only one rider is permitted on a Vehicle at any time.No animals or pets are permitted to ride on a Vehicle.You may only use locking mechanisms provided by Ryde. 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.
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 where the use of the Vehicle 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 applicable
law, rule, ordinance or regulation.
1.10 Weight and Cargo Limits.
You must not exceed the maximum weight
limit for the Vehicle which is 300 lbs.
1.11 No Tampering.
You must not tamper with; attempt to gain
unauthorized access to; or otherwise use the Ryde 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 Ryde as soon as possible.
Additionally, Rider must file a report with the local police department within
24 hours of (i) an incident involving personal injury or property damage; or
(ii) the theft of a Vehicle.Rider agrees that he/she is responsible and liable
for all claims, costs and expenses related to Rider’s use of the Ryde Services,
including, but not limited to, any misuse, consequences, demands, causes of
action, losses, liabilities, damages, injuries, deaths, property damage,
penalties, attorney’s fees, judgments, suits or disbursements of any kind or
nature whatsoever related to (i) Rider’s use of a Vehicle; or (ii) a stolen or
1.13 Rider Responsibility for Vehicle
Use and Damage.
Rider agrees to return the Vehicle to Ryde
in the same condition in which it was rented, provided, however, Rider will not
be responsible for normal wear and tear of the Vehicle.
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, including 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 (depending on time, distance and speed),
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 at which the Vehicle will lose its charge is not
guaranteed and may vary (i) based on several factors, including, but not
limited to, road conditions, weather conditions and the Rider’s weight;
and (ii) from Vehicle to Vehicle.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/or cease to
operate at any time during Rider’s rental of the Vehicle, including prior
to returning the Vehicle.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY
NOT PROVIDE COVERAGE FOR ACCIDENTS OR DAMAGES INVOLVING A VEHICLE OR DAMAGE TO
A VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR
AUTOMOTIVE INSURANCE COMPANY OR AGENT.
2. PAYMENT AND FEES.
may use the Vehicle on a pay per ride basis or as otherwise in accordance with
the pricing provided on the Ryde App or the Ryde Website. [If there is a
conflict between the pricing provided on the Ryde App and the Ryde Website, the
pricing provided on the Ryde Website shall govern. In each case, fees and other
charges may be subject to applicable taxes and other local government charges,
which may be charged and collected by Ryde. Ryde 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 for discounts are one-time
offers and can be redeemed only via the Ryde App. Ryde 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.
The maximum rental time for a Vehicle is 24
hours. Rider agrees that Rider will return the vehicle to the rental location
form which Rider originally rented the Vehicle (the “Original Rental
Location”). Rider may then rent the Vehicle again. Rider agrees that he/she is
solely responsible for being aware of any elapsed time related to the timely
return of the Vehicle. The maximum charge for a Vehicle per calendar day is
$50.00 (the “Max Daily Charge”). After returning the Vehicle, Rider will be
charged the lesser of (i) the accumulated rental charges for such rental
period, or (ii) the Max Daily Charge. Vehicles not returned to the Original
Rental Location within 48 hours will be considered lost or stolen, and (i)
Rider may be charged up to $500.00; and (ii) a police report may be filed. Ryde
may also charge an additional service fee of $75.00 per 24 hour period in
excess of the in initial 24 hour rental period where the Vehicle is not lost or
2.4 Valid Credit Card or Debit Card.
To be registered to use the Ryde Services,
Rider must provide Ryde with a valid credit or debit card number and expiration
date. Rider represents and warrants to Ryde that Rider is authorized to use any
credit or debit card Rider furnishes to Ryde. Rider authorizes Ryde 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 Ryde. If Rider disputes any charge on Rider’s credit or debit card
account, then Rider must contact Ryde within 10 business days from the end of
the month in which the disputed charge was incurred, and provide Ryde with all
information necessary to identify such disputed charge, including, but not
limited to, the date of the rental, the Original Rental Location and the
approximate start and end times of the rental. Rider agrees to immediately
inform Ryde of all changes relating to the card.
2.5 Pick Up Fees.
If You are unable to return a Vehicle to
the Original Rental Location, and You request that the Vehicle be picked up by Ryde
staff, Ryde, in its sole discretion, may choose to charge You a pick-up fee up
to $25.00 (the “Pick Up Fee”). If any Vehicle rented under Your account is
abandoned without notice, You will be responsible for all rental fees until the
Vehicle is recovered by Ryde and deactivated, in addition to any Pick Up Fee.
All fees, including the Pick Up Fee, are subject to change.
2.6 Security Deposit
Upon renting a Vehicle, Rider will be
charged a refundable security deposit in the amount of $50.00. Such security
deposit will be refunded to the Rider upon the return of the Vehicle in same
condition as when it was initially rented, normal wear and tear excepted.
3.1 Safety Check.
Before each use of a Vehicle, Rider shall
conduct a basic safety inspection of the Vehicle, which includes inspecting the
following: (i) trueness of the wheels; (ii) safe operation of all brakes and
lights; (iii) good condition of the frame; (iv) sufficient battery charge
power; and (iv) any sign of damage, unusual or excessive wear or tear or any
other visible and obvious mechanical issues or maintenance needs. Rider agrees
(i) not to ride the Vehicle if there are any noticeable issues with respect to
the foregoing; and (ii) to immediately notify Ryde customer service of any such
3.2 Lost or Stolen Vehicle.
A Vehicle may be deemed lost or stolen if
(i) the Vehicle is not returned within 24 consecutive hours of being rented;
(ii) the Vehicle’s GPS unit is disabled (iii) the Vehicle is parked on
unauthorized private property, in a locked area or in any other non-public
space; or (iv) other facts and circumstances that suggest to Ryde in its
reasonable, good faith determination that a Vehicle has been lost or stolen. Ryde
and You agree that the last Rider of a Vehicle shall be responsible for a lost
or stolen Vehicle unless facts and circumstances clearly suggest otherwise to Ryde
in its reasonable, good faith determination. If Ryde deems a Vehicle lost or
stolen, Ryde 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, (i) obtaining restitution and other appropriate
compensation and damages; and (ii) filing a police report with local
authorities. Rider agrees that the data generated by Ryde’s computer is
conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees
to report Vehicle disappearance or theft to Ryde immediately upon learning of
such disappearance or theft.
3.3 Helmets; Safety.
Ryde recommends that all Riders wear a
Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted
and fastened according to the manufacturer’s instructions. Ryde and all other
Released Persons (as defined in Section 15 of this Agreement) do not represent
or warrant the quality or safety characteristics of any helmet, and Rider
agrees that no Released Persons is liable for any injury suffered by Rider,
including death, while using any of the Ryde Services, whether or not 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 to take additional safety
measures or precautions not specifically addressed in this Agreement.
3.4 Vehicle Routes.
Rider agrees that Ryde does not provide or
maintain places to ride Vehicles, and that Ryde does not guarantee that there
will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes,
and vehicle routes may become dangerous due to weather, traffic or other
3.5 Limitations on Vehicle Rental.
Rider agrees that Ryde is not a common
carrier. Alternative means of public and private transportation are available
to the general public and to Rider individually, including public buses and
rail service, taxis, and pedestrian paths. Ryde provides Vehicles only as a
convenience, and such rental availability is intended to be used only by those
persons who (i) are able and qualified to operate a Vehicle on their own; and
(ii) who have agreed to all of the terms and conditions of this Agreement.
3.6 Limitations on Availability of Ryde
Ryde makes every effort to provide Ryde
Services 365 days per year, but Ryde does not guarantee that Ryde Services will
be available at all times. Access to Ryde Services is also conditioned on the
availability of Vehicles. Ryde does not represent or warrant the availability
of any Ryde Services or the availability of any Vehicle at any time. Rider
agrees that Ryde may require Rider to return a Vehicle at any time, and Rider
agrees to do so.
4.1 Termination by Ryde.
Ryde may, in its sole discretion,
unilaterally terminate Rider’s right to use the Ryde Services without notice or
cause. Rider may terminate Rider’s use of the Ryde Services at any time;
provided, however, that (i) Ryde is not required to provide any refund as a
result of Rider’s termination; and (ii) Rider may still be charged any
applicable additional fees in accordance with this Agreement. This Agreement
shall remain in full force and effect, in accordance with its terms and
conditions, following any termination of a Rider’s right to use any of the Ryde
Services regardless of whether Ryde, the Rider or a third party was responsible
for terminating the use of the Ryde Services.
5.1 Confidentiality of Information;
You understand and agree that all personal
information pertaining to Riders that is held by Ryde, including, all names,
addresses, phone numbers, email addresses, passwords, payment information and
located at letsgoryde.com/privacy-policy.
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: (i) give Your full and unconditional consent to Ryde
and its affiliates, successors, and assigns to use at any time, and from time
to time, without restriction, Your appearance and voice in photographs, videos
and other recordings related to Your use of the Ryde Services, on all mediums,
including on 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; (ii) grant
to Ryde 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 Ryde 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 Ryde 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 (iii)
waive, release, and discharge all
Released Persons from all Claims (as defined in Section 15 of this Agreement)
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 Section 6.
Ryde may be contacted by emailing https://www.letsgoryde.com/pages/privacy-policy
or by mail at: Unit 2, 25 A East Pearce Street, Richmond Hill, ON L4B 2M9.
8. Choice of Law; Dispute Resolution.
This Agreement is governed by, and must be
construed and enforced in accordance with, the laws of the State of Illinois,
excluding principles of conflicts of laws. For every dispute regarding this
Agreement: (i) each 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 Illinois and agrees that those
courts have personal jurisdiction over each party; (iii) venue must be in
9. Binding Arbitration and Class Action
PLEASE READ THIS SECTION CAREFULLY – IT MAY
SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT
9.1 Initial Dispute Resolution
Rider support is available via the Ryde App
to address any concerns you may have regarding this Agreement or Your use of a
Vehicle (the “Ryde Support Process”). Prior to initiating arbitration, the
parties agree to first conduct good faith negotiations through the Rider
Support Process and to put forth their best efforts in order to settle any
dispute, claim, question or disagreement
9.2 Binding Arbitration
If the parties do not reach an agreed upon
solution through the Ryde Support Process, then the sole means for resolving
such dispute (“Dispute”) shall be decided by binding arbitration before a
single arbitrator selected by the parties, provided, that if the parties are
unable to mutually agree on the selection of an arbitrator, ADR Systems, Inc.,
located in Chicago, Illinois, shall, upon the request of either party, select
the arbitrator. The arbitrator shall be an Illinois licensed attorney and have
significant experience dealing with the subject matter and underlying facts
that forms the basis for the Dispute. The arbitration shall be conducted in
accordance with the commercial arbitration rules of the American Arbitration
Association and held in Chicago, Illinois, provided, however, the arbitration
shall not be conducted through the American Arbitration Association process.
The parties shall equally share in the cost of the arbitrator and each party
shall bear its own attorney’s fees and expenses in resolving any Dispute,
except for attorney’s fees which may be awarded in connection with a claim for
damages, if granted by the arbitrator. A party may seek any interim or
preliminary relief necessary to protect its rights with respect to this
Agreement in a court of competent jurisdiction. Other than actions for
equitable relief and the remedies hereunder, the provisions of this
9.2 are the sole and exclusive remedies
between the parties for resolving any Dispute 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
is void or voidable, or whether a claim is subject to arbitration. The
arbitrator’s award shall be in writing, binding on all parties and may be
entered as a judgment in any court of competent jurisdiction.
The arbitration will take place in Chicago,
Illinois, or such other location mutually agreed upon by the parties. For any
dispute determined not subject to arbitration, You and Ryde agree to submit to
the personal and exclusive jurisdiction of and venue in the federal and state
courts located in Chicago, Illinois. You further agree to accept service of
process by mail, and hereby waive any and all jurisdictional and venue defenses
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 RYDE
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
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
state or federal 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
accordance with 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 Ryde.
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, Ryde may unilaterally amend, modify, or change
this Agreement, in its sole discretion. By continuing to use any of the Ryde
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, Ryde will post a notification on the Ryde Site. The pricing set
forth on the Ryde Site or the Ryde App supersedes all pricing set forth in this
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 of,
or on behalf of, Ryde. Rider acknowledges that he/she (i) has read this
Agreement; (ii) understands the terms, conditions and consequences of this
Agreement, including the releases contained herein; and (iii) is fully aware of
the legal and binding effect of this Agreement.
15. RELEASES; DISCLAIMERS; ASSUMPTION OF
In exchange for Rider being allowed to
use Ryde Services, Vehicles, and any other equipment or related information
provided by Ryde, Rider agrees to fully release, indemnify, and hold harmless
(i) Ryde and all of its owners, managers, affiliates, employees, contractors,
officers, directors, shareholders, agents, representatives, successors,
assigns, professionals; (ii) rental location property owners, managers,
affiliates, employees, contractors, officers, directors, shareholders, agents,
representatives, successors, assigns, and professionals; (iii) 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 Ryde Services; and (iv) every
sponsor of any of the Ryde Services and all of the sponsor’s owners, managers,
affiliates, employees, contractors, officers, directors, shareholders, agents,
representatives, professionals, 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 Ryde 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 willful misconduct. Such releases 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 (i) any of the Ryde Services, including any of the
Vehicles, placement, equipment, maintenance, related information, or this
Agreement; or (ii) Rider’s use of any of the foregoing. RIDER ACKNOWLEDGE AND
AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT
OF YOUR ACCESS TO AND USE OF THE RYDE SERVICES OR ANYTHING THAT RELATES TO,
REMAINS WITH RIDER. NEITHER RYDE, ANY RELEASED PARTY NOR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, OR DELIVERING THE RYDE SERVICES, WILL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING
LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE
COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR
BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I)
THIS AGREEMENT; (II) THE USE OF OR INABILITY TO USE THE RYDE SERVICES; (III)
ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS
WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE
RYDE SERVICES; (IV) ANY AND ALL USES OF THE RYDE SERVICES INCLUDING THE RYDE
WEBSITE, RYDE APP, PRODUCTS AND SERVICES AND/OR (V) YOUR MISCONDUCT OR
NEGLIGENT USE OF THE RYDE SERVICES, OR THE NEGLIGENCE OR MISCONDUCT OF A THIRD
PARTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RYDE HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.TO THE FULLEST EXTENT PERMITTED
BY LAW, AND AS TO RIDER’S USE OF ANY OF THE RYDE SERVICES, VEHICLES, OR RELATED
EQUIPMENT, RYDE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. ALL OF THE RYDE 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 Ryde 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
vehicles and other objects;pedestrians;traffic;malfunction of Vehicle or any components;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, whether or not required by law; and
negligent acts or omissions by Ryde, any other Released Person, Rider or
Rider is solely responsible for any and
all injury or damage caused by Rider’s use of the Ryde Services and/or any
related equipment, that is part of, or related to the Ryde
Services, regardless of whether such
injury is caused to you or to others. 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 Rider’s use of the Ryde Services, including, but not limited
to, all related risks, dangers and hazards associated with, or arising pursuant
to, Rider’s use of the Ryde Services, and Rider further agrees that Ryde is not
responsible for any injury, death, damage, harm or cost that you cause, or is
otherwise related to, your use of the Ryde Services.
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 RYDE, THE RELEASED
PARTIES, ANY MUNICIPALITY, RENTAL LOCATION PROPERTY OR ANY OTHER PARTY. RIDER
HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE RELEASED PARTIES, ANY
MUNICIPALITY, RENTAL LOCATION MANAGER OR ANY OTHER PARTY WHICH RIDER DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF USE OF RYDE
SERVICES, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT
TO PRESERVE RIDER’S UNKNOWN CLAIMS.
RIDER ACCEPTANCE OF AGREEMENT
Certify that I have read and expressly
agree to the terms and conditions of the Section 15 Releases; Disclaimers;
Assumption of Risk, and I acknowledge that this Section 15 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 I am reasonably competent and physically fit to ride the Vehicle; andI
further certify that:
I am the Rider
I am at 18 years old or older
I will wear a helmet where required to do so by law
I will not ride a Vehicle with another occupant
I will obey all traffic laws
I will ride at my own risk
I have read and expressly agree to the terms and conditions set
forth in this Agreement.