SCOOZER RENTAL AGREEMENT, WAIVER OF LIABILITY, AND RELEASE
Last Revised: February 9th, 2021.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES. CAPITALIZED TERMS HAVE THE MEANINGS GIVEN TO THEM WHERE DEFINED IN THIS AGREEMENT.
THE SERVICES PROVIDED BY SCOOZER ENTERPRISES, LLC. (“SCOOZER” OR “COMPANY”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT. BY EITHER ACCEPTING THIS RENTAL AGREEMENT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
What is a Scoozer?
Scoozer is an all-electric 2-person rideshare scooter. The goal is of the company is to provide a safe, fun ride for you and your company. Scoozer is a 4-wheel 2-seat electric scooter that is perfect for short rides and a day at the shopping center.
First, you will need to become an account holder before you may access the Services and the Scoozer’s. You will need a credit card to register.
- Download the app and create your account
- Choose your scooter, lock and unlock it with a click of a button
- Ride and park at your destination
You are responsible for understanding and agreeing to the Terms of Use, the Privacy Policy, the Rate Schedule, and this Rental Agreement when you sign up for a driver account to operate the Scooters.
1.0 Definitions.
1.01 “Authorized Passenger” means a second adult person separate from Driver/Renter who is at least 18 years old and is a non-operating passenger/Driver/Renter on the Scooter that is operated by the Driver/Renter, where allowed by applicable law. An Authorized Passenger must not operate the Scooter, and must also otherwise comply with all rules, regulations and laws required for passengers of Scooters in the applicable jurisdiction. An Authorized Passenger does not include any animals or pets, which are strictly and specifically prohibited.
1.02 “Agreement” or “Rental Agreement” means this Rental Agreement, Terms of Use, Driver/Renter Agreement & Assumption of Risk and Privacy Policy.
1.03 “App” means Scoozer’s proprietary software application, which can be downloaded from Google Play and the Apple App Store and accessed with a mobile device.
1.04 “Effective Date” means the date on which you accept the terms of this Agreement.
1.05 “Rates, Fine & Penalties” means the schedule of fines and penalties set forth on the website & app and incorporated herein, and as may be amended by Scoozer from time to time.
1.06 “Video Tutorial” means a brief, complimentary video (which Scoozer may require of a Driver/Renter at its sole discretion at any time as a condition to continued Driver provided by Scoozer to Driver/Renters to orient them with the proper use of Scooters..
1.07 “Driver/Account Holder/Renter” means a person who has been approved by Scoozer after registering via the App and agreeing to this Agreement, the Privacy Policy, and the Terms of Use.
1.08 “Account” means an App-based portal used by Driver/Renters to manage their account information and privileges.
1.09 “Scooter” or “Scoozer” means the low-speed limited use four-wheeled electric vehicle provided by Scoozer to Driver/Renter as part of the Services in accordance with the e terms of this Agreement, the Privacy Policy, and the Terms of Use, and which does not exceed an operating speed of more than 5 kilometers per hour.
1.10 “Municipality” means any city, town, county, or other locality that has permitted, contracted with, or agreed to allow Scoozer to provide Services, including the city, town, county, or other locality’s elected and appointed officials, officers, employees, agents, contractors, volunteers, agencies, departments, and offices.
1.11 “Privacy Policy” means Scoozer’s Privacy Policy located on and available on the website, and incorporated herein, and as may be amended by Scoozer from time to time.
1.12 “Prohibited Area” means (1) any area, regions, roads, bridges, tunnels, or other geographical features designated in the App by a red “X” or the words “No Crossing” or “No Highways”, or otherwise designated by Scoozer as off-limits; and (2) any roadway. Driver/Renters are prohibited from operating or driving a Scoozer Scooter on or within any Prohibited Area at any time. 1.15 “Rate” means the pricing schedule located on and available at the Site, as well as the Fines and Fees set forth in terms, all incorporated herein, and as may be amended by Scoozer from time to time. 1.18 “Rules” means all the rules set forth in this Agreement, as may be amended from time to time.
1.19 “Services” means the services provided by Scoozer which include (i) the App and the Site, (ii) the Scooters, (iii) and all other related equipment, personnel, services, applications, websites, and information provided or made available by Scoozer, as more fully described in your agreements, the Privacy Policy, the Terms of Use, and this Agreement.
1.20 “Coupon Codes” means the referral and promotional codes created by Scoozer and/or Renter used for discounts on Services provided by Scoozer.
1.21 “Site” means Scoozer’s web site (located at a.scoozer.net) operated by Scoozer and pertaining to the Services.
1.22 “Term” means the time period from the Effective Date and while the Driver/Account is active.
1.23 “Terms of Use” means Scoozer’s Terms of Use located on and available on the website, incorporated herein, and as may be amended by Scoozer from time to time.
2. The Services.
2.01 Driver/Renter Before you may use the Services and the Scoozer Scooters, you must first download the app or visit the website to create your account. To do so, you will need a valid driver’s license and credit card. To verify your driver’s license and identity, the application process will involve taking a photograph of your driver’s license and a “selfie” photograph or video. All rentals non-transferable and non-refundable. Approval is conditional on Scoozer’s acceptance of Driver/Renter’s account, driving record (if accessed by Scoozer), approved Registration Fee, confirmation of the terms and conditions of this Agreement, the Privacy Policy, the Terms of Use, Driver/Renter watching the “Scoozer instructional video and/or any other required safety instruction as indicated in the App and website, and the successful completion, and, as may be required by Scoozer.
2.02 Use Neither Driver/Renter nor this Agreement grants Driver/Renters any rights of ownership, use or control over Scoozer, Scoozer’s operations or finances, or any Scooter. Scoozer and/or its licensor(s) remains the sole owner of the Scooters and any other items made available to Driver/Renter hereunder. A Driver/Renter may use Scoozer’s Scooters only after approval and payment of the Fees and any other applicable fees.
2.03 Eligibility To be eligible the Driver/Renter must:
(a) Obtain at its own expense all necessary equipment and services needed to use the Scoozer App (including a mobile device and wireless service). Charges from a Driver/Renter’s wireless carrier or communication service are not Scoozer’s responsibility. Scoozer makes no guarantees that the App can be accessed by all wireless devices or service plans or that it will be available in all locations;
(b) Agree to allow Scoozer to track Driver/Renter’s location and movements whenever the App is in use on Driver/Renter’s mobile device (as legally permitted and as
governed by Scoozer’s Privacy Policy, as it may be updated and revised by Scoozer from time to time);
(c) Provide Scoozer with a valid credit or debit card number, billing zip code, and expiration date. Driver/Renter agrees to immediately inform Scoozer of any and all changes relating to the applicable credit or debit card;
(d) Fully complete the Driver/Renter information requirements and agree to be bound by the terms and conditions in this Agreement, the Privacy Policy, and the Terms of Use, and confirm that all documents requested by and submitted pursuant to the application are accurate and truthful;
(e) Subject to the terms of the Privacy Policy, by creating an account, Applicants grant Scoozer permission to obtain their information from third parties to decide whether or not they are eligible.
(f) Be 18 years old or older; (g) Have the ability and skill to ride a Scooter;
(h) Must AGREE and sign Driver/Renter & Passenger Agreement and Assumption of Risk
(i) Be tall enough to safely and comfortably operate a Scooter in light of Driver/Renter’s skill level; and
(j) Driver/Renter and Authorized Passenger, if any, plus any cargo, must have a combined weight of no greater than 450 pounds.
2.04 Changes to Agreement. Scoozer may edit and revise this Agreement in its sole discretion at any time, so Driver/Renters should check the Agreement on the Site periodically. Scoozer will promptly send Driver/Renters notice of any material changes by email to the address provided by the Driver/Renter during the application process, by notification through the App, or by other means. Scoozer will post the revised Agreement on the Site and/or on the App. The revised Agreement is effective the moment the new version is sent to the Driver/Renter by email or uploaded to the Site or App, unless otherwise indicated. Use of the Services after revision to the Agreement qualifies as acceptance by Driver/Renter of the new Agreement.
2.05 Duration of Agreement. This Agreement shall be in force between Scoozer and you from the Effective Date through the duration of the Term, subject to the provisions of Section 14.07.
- Termination by Driver/Renter. If the Driver/Renter is in compliance with all the terms of this Agreement, the Privacy Policy, and the Terms of Use, the Driver/Renter may terminate his or her account immediately. •
- Termination by Scoozer.
- Scoozer may terminate this Agreement upon notice to Driver/Renter at any time without cause.
- Without limiting the foregoing, Scoozer may immediately terminate this Agreement, at its sole discretion and without notice, if the Driver/Renter:
- fails to pay any sum due;
- fails to comply with any term or condition specified in this Agreement, the Terms of Use, and/or the Privacy Policy on the Site or the App;
- is involved in an incident with a Scooter that, in Scoozer’s reasonable discretion, renders the Driver/Renter ineligible or inappropriate for continued use.
- is determined to possess multiple accounts;
- engages in any activities or conduct that Scoozer determines to be unsafe, inappropriate, negligent, offensive, abusive, fraudulent, or otherwise unacceptable, including, but not limited to, failing to observe any safety requirement set forth in this Agreement or applicable law, whether observed by Scoozer or Scoozer’s employees directly or as reported to Scoozer by a third party along with credible evidence, which credibility will be determined by Scoozer at its sole discretion;
- is not paying the Driver/Renter’s debts as such debts generally become due, becomes insolvent, or proposes any dissolution or liquidation;
- engages in communications which Scoozer and/or its authorized agents deem to be deceptive, untruthful, or incomplete in their disclosure of required information; and/or or if
- Driver/Renter’s driving record is deemed to be unsafe for operating a Scooter, in Scoozer’s sole discretion.
- No Refund. No fees will be refunded in the event of termination. Driver/Renters agree that they must continue to maintain a safe driving record during the entire Term. In the event of termination, Driver/Renter is responsible for all fees and expenses incurred through the date of termination. In the event of termination, Driver/Renter agrees to immediately return all Scoozer property in their possession to Scoozer, and agrees to cover all legal fees and expenses necessary for Scoozer to recover any debts owed by Driver/Renter under this Agreement.
2.07 Availability. The Services are available to Driver/Renters daily at all hours, subject to the limitations specified herein. These general availability hours are subject to change at Scoozer’s sole discretion. Scoozer makes every effort to provide Scoozer Services 365 days per year but does not guarantee that Scoozer Services will be available at all times, as weather conditions, unforeseen events or other circumstances might prevent Scoozer from providing the Scoozer Services. Access to Scoozer Services is also conditioned on the availability of Scooters. Scoozer does not represent or warrant the availability of any of Scoozer Services or the availability of any Scooter at any time.
3.0 General Rental and Use of Scooter.
3.01 Compliance with Rules. Driver/Renter agrees to comply with all the Rules set forth herein:
3.02 Fees. Driver/Renter may use the Scooter on a pay per ride basis or as otherwise in accordance with the pricing described pursuant to the Rate Schedule. 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 Scoozer. Scoozer will charge Driver/Renter, and Driver/Renter agrees to pay Scoozer, all applicable fees for the Services pursuant to the Rate Schedule. For purposes of calculating ride fees under the Rate Schedule, ride times will be rounded up to the nearest minute. From time to time and in its sole discretion, Scoozer may waive or discount the fees associated with a ride or rides. Such waiver or discount shall not be construed as a waiver by Scoozer of any other rights under this Agreement. For the avoidance of doubt, rides for which Scoozer waives or discounts an applicable fee nonetheless constitute rentals under this Agreement and are subject to all of the restrictions and covenants herein. Driver/Renter expressly acknowledges and agrees that this Agreement and any rentals taken hereunder are supported by good and adequate consideration separate and apart from any pay per ride fee.
3.03 Pick Up Fees. If Driver/Renter requests that the Scooter be picked up by Scoozer staff because Driver/Renter is unable to return a Scooter to a valid area (i.e., Driver/Renter deactivates the Scooter on private property, a locked community, or another unreachable area), or if the battery charge on the Scooter runs out in an unreachable area or outside of the Home Zone, then Scoozer, at its sole discretion, may choose to charge Driver/Renter a pick-up fee of up to $150 as well as any applicable toll and ticket fees. If any Scooter accessed under Driver/Renter’s account is abandoned without notice, Driver/Renter will be responsible for all trip fees and any applicable toll and ticket fees until the Scooter is recovered and deactivated, plus a service charge (currently up to $150) to recover the Scooter. Fees are subject to change.
3.04 Coupon and/or Referral Codes. Scoozer may, in its sole discretion, promote discounts on Services and other benefits to Renters that may be redeemed through Coupon Codes. Additionally, Scoozer may, in its sole discretion, enable Renters to invite new Renters to rent a scooter by creating and sharing Coupon Codes directly from the App. You agree that Coupon and Referral Codes: (a) may be deactivated by Scoozer without prior notice or explanation without liability to Scoozer, (b) may not be sold or transferred, (c) are not convertible to cash, (d) must be used lawfully and for the intended purpose, (e) must be pursuant to Scoozer’s promotion terms, and (f) may be subject to quantity and value limits. Scoozer reserves the right to disable promotional benefits such as discounts or benefits through the use of the referral system by you if it determines or believes that your actions were illegal, fraudulent or in violation of this agreement.
3.05 Payment. Driver/Renter represents and warrants to Scoozer that Driver/Renter is authorized to use any credit or debit card Driver/Renter furnishes to Scoozer. Driver/Renter authorizes Scoozer to charge the card for all fees incurred by Driver/Renter, and to transmit Driver/Renter’s credit card information to Scoozer’s thirdparty vendors for the sole purpose of processing such charges. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Scoozer. All fees and costs are due when they are incurred, including but not limited to Registration Fees and all other costs and fees as provided in the Rate Schedule. Temporary or prepaid credit/debit cards are not an acceptable form of payment.
3.06 Pre-Authorization. Scoozer may place a temporary hold on your credit/debit card before a rental to verify that your payment information is still valid, or in certain instances to verify that your credit/debit card has the necessary funds to cover Scoozer’s fees and costs. Pre-authorization is not a charge to your account, it is a hold on those funds. Once your actual charge is posted to your account it can take up to thirty (30) days for the original pre-authorization to be removed by your bank. It is your responsibility to be aware of how your bank handles all of your transactions, including pre-authorizations.
3.07 Taxes. While using the Services, Driver/Renter is responsible for all applicable governmental taxes, including sales tax, use tax, or VAT, as applicable. Applicable taxes will be added to Driver/Renter’s bill.
3.08 Disputed Charges. If Driver/Renter disputes any charge on Driver/Renter’s credit or debit card account, then Driver/Renter must contact Scoozer within thirty (30) days of the date of the disputed charge, and provide to Scoozer all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. If no notice is given by Driver/Renter to Scoozer within the foregoing thirty (30) day period, the charge will be final.
3.09 Delinquent Accounts. Driver/Renters are billed for amounts due via credit/debit card, or other means as established by Scoozer. Any Driver/Renter account which is past due will be suspended by Scoozer. If payment of any amount due is rejected by the credit/debit card provided by the Driver/Renter and Driver/Renter’s use of the Services, may be suspended or terminated by Scoozer, in its sole discretion. Driver/Renters are responsible for providing and maintaining current credit/debit card information on file with Scoozer. Ongoing issues with credit/debit card billings may result in termination of Driver agrement. Under no circumstances will Scoozer be responsible for any overdraft or other fees charged by a Driver/Renter’s credit/debit card bank. In addition, Scoozer may engage third parties to collect amounts owed to Scoozer by a Driver/Renter and the Driver/Renter will also be responsible for any collection or similar fees associated with these collection activities. Scoozer also reserves the right to charge interest on overdue charges at the lesser of the rate of 1.5% per month or the highest rate allowable by applicable law.
3.10 Refund Policy. Except as set forth below and under “Disputed Fees”, once charged all fees are final and nonrefundable. This includes but is not limited to the Registration Fees, even if the applicant is subsequently denied use of the Services following registration.
- If your scooter booking failed due to a technical issue, you may receive a refund if the claim was made within 10 minutes of rental assuming your payment method was charged.
- Scoozer does not provide price protection in case of price drops or promotional offering. You agree to the price paid the time you book a Scoozer. We reserve the right to change prices at any time without notice.
- We do not issue a refund if the scooter runs out of battery and there are no other scooters available, unless the duration of the booking, only in the case of Day Pass, has been less than 30 minutes.
- You are responsible for returning the scooter to Scoozer’s parking station and finishing the ride. We do not issue a refund for amount acrued due to failure to end the ride.
3.11 Scooter is the Exclusive Property of Scoozer or its Licensor(s). Driver/Renter agrees that the Scooter and any Scoozer equipment attached thereto, at all times, remain the exclusive property of Scoozer and/or its licensor(s). Driver/Renter must not dismantle, write on, or otherwise modify, repair or deface a Scooter, any part of a Scooter, or other Scoozer equipment in any way. Driver/Renter must not write on, peel, or otherwise modify or deface any sticker on a Scooter in any way. Driver/Renter must not use a Scooter, or other Scoozer equipment, for any advertising or other commercial purpose without the express written permission of Scoozer.
3.12 Scooter Reservations. Scooters are available to Driver/Renters in the order of arrival of ride requests. Driver/Renters using a Scooter will be charged and billed according to the Rate Schedule. Driver/Renters may make a reservation using the website and will be billed immediately following the end of the rental. Driver/Renters may cancel or change a reservation via the website until the reservation period is up. Reservations are subject to cancellation by Scoozer at any time for any reason without refund or compensation.
3.13 Electric Vehicle. The Scooter is an electric vehicle that requires periodic charging of its battery in order to operate. While, as part of the Services, Scoozer endeavors to make sure the Scooter is fully charged on a regular basis, it is Driver/Renter’s responsibility to make sure prior to initiating a ride that the Scooter has adequate electric charge for the expected duration of the ride. Driver/Renter agrees to use and operate the Scooter safely and prudently in light of the Scooter being an electric vehicle and all of the limitations and requirements associated therewith. Driver/Renter understands and agrees with each of the following:
- The level of charge power remaining in the Scooter will decrease with use of the Scooter (over both time and distance), and that as the level of charge power of the Scooter decreases, the speed and other operational capabilities of the Scooter may decrease (or cease in their entirety).
- The level of charging power in the Scooter at the time Driver/Renter initiates the rental or operation of the Scooter is not guaranteed and will vary with each rental use.
- The rate of loss of charging power during the use of the Scooter is not guaranteed and will vary based on the Scooter, road conditions, weather conditions, and other factors.
- It is Driver/Renter’s responsibility to check the level of charge power in the Scooter and to ensure that it is adequate before initiating operation of the Scooter.
- The distance and/or time that Driver/Renter may operate the Scooter before it loses charging power is never guaranteed.
- The Scooter may run out of charging power and cease to operate at any time during Driver/Renter’s rental of the Scooter, including before reaching Driver/Renter’s desired destination.
3.14 Charging of Vehicle. If the Scooter runs out of charging power during a rental, Driver/Renter shall conclude the ride in compliance with all terms of this Agreement. Driver/Renter may not charge, attempt to charge, or engage others to charge the Scooter.
4.0 Damages; Liability Coverage.
4.01 Liability Insurance Coverage. While Scoozer procures and pays for liability insurance as indicated below, Driver/Renters qualify as an insured under the policy only if Driver/Renter is in full compliance with this Agreement, the Terms of Use, and the
Privacy Policy and was in full compliance with this Agreement, the Terms of Use, and the Privacy Policy at the time of the accident or incident.
Scoozer provides third-party auto liability coverage that meets the statutory limits required in each jurisdiction of operation for damages to third parties during a Driver/Renter’s use of Scooters if the Driver/Renter complies and was in compliance at the time of any incident with all terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use.Driver/Renter agrees that their privately held motor vehicle insurance, if applicable, will be the primary insurance in case of damages, if Driver/Renter has privately held motor vehicle insurance. In any case, Driver/Renter is solely responsible for covering the cost of any and all damages that exceed coverages offered by Scoozer.
Coverage limits vary by location of operation. More information can be found on the website or by emailing [email protected].
4.02 Lost or Stolen Scooter. A Scooter may be deemed lost or stolen if (a) the Scooter is not returned within twenty-four (24) consecutive hours, (b) the Scooter’s GPS unit is disabled, (c) the Scooter is parked on unauthorized private property, in a locked area, or in any other non-public space after a ride ends, (d) the Scooter moves more than thirty (100) feet after a rental has ended and Scoozer believes such movement was not caused by another Driver/Renter or authorized third party, or (e) other facts and circumstances that suggest to Scoozer in its reasonable, good faith determination that a Scooter has been lost or stolen. If Scoozer deems a Scooter lost or stolen and the loss or theft was not reported by Driver/Renter to Scoozer pursuant to the reporting requirements set forth below in this Agreement, Scoozer shall have the authority to take any and all actions it deems appropriate (with respect to the last Driver/Renter to use the Scooter or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Driver/Renter agrees the data generated by Scoozer’s computer systems is conclusive evidence of the period of use of a Scooter by a Driver/Renter
4.03 Scooter Damages. If, while Driver/Renter has an ongoing ride with a Scooter, the Scooter is lost, stolen, or damaged in any way, then Driver/Renter agrees to report the loss, theft, or damage to Scoozer within one (1) hour of the accident or incident by contacting Scoozer’s customer service team by phone (956-319-0162) and to follow the reporting procedures set forth in Section 5.04, below. If a Driver/Renter fails to abide by the terms and conditions of this Agreement, the Privacy Policy, and/or the Terms of Use, the Driver/Renter will be solely responsible for the full cost of any loss, accident or incident and any damage arising from such loss, accident or incident. This includes but is not limited to replacement costs for the lost or stolen Scooter, and all damage that occurs to the Scooter while in an ongoing ride with the Driver/Renter’s account. Such damages include, without limitation, the repair costs (estimated or actual) for the Scooter and third-party property, injuries to third parties (including to any passengers, including but not limited to Authorized Passengers), costs associated with the recovery or transportation of the Scooter, and the loss of use of the Scooter or third-party property (including property of any passengers, including but not limited to Authorized Passengers). Driver/Renter will be responsible for all damage and costs incurred as a result of the use of a Scooter by any other person under his/her Driver/Renter Account. However, in general if the Driver/Renter is in compliance with all the terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use and was in compliance at the time of any incident, and excluding any loss or theft of the Scooter, Scooter damages arising from a Driver/Renter’s use of the Scooter will be limited to the Scooter Damage Fee described below. Scoozer, in its sole discretion, may not hold a Driver/Renter liable for any amounts that Scoozer may recover from any other party.
4.04 Scooter Damage Fee. If a Driver/Renter is in compliance with all of the terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use and was in compliance at the time of any incident, and except for any loss or theft of the Scooter, the Driver/Renter’s responsibility for damages described above will be limited to $750. However, in the event of negligence, failure to comply with the terms and conditions of this Agreement, the Privacy Policy, and/or the Terms of Use, or intentional wrongdoing, the Driver/Renter will be liable for the lesser of the full cost of the Scooter repair, and the fair market value of the Scooter immediately before the damage, in each case as determined by Scoozer in its reasonable discretion.
5.0 Driver/Renter Responsibilities.
5.01 Acknowledgment. By becoming a Driver/Renter, the Driver/Renter represents and warrants to Scoozer that the Driver/Renter has received all explanations as the Driver/Renter may have reasonably requested concerning the content of this Agreement, the Privacy Policy, and the Terms of Use, including all schedules and Driver/Renter/Passenger Agreement, and that the Driver/Renter has carefully reviewed, understands and agrees to the Driver/Renter’s commitments and obligations hereunder.
5.02 Video Scoozer offers a voluntary instruction video free-of-charge, which is a complimentary tutorial provided by Scoozer to orient Driver/Renters with the proper use of Scoozer Scooters.
5.03 Accidents. If, while Driver/Renter has an active rental of a Scooter and the Scooter is involved in an accident with another vehicle or an incident resulting in damage to a third party (including to any passenger, including but not limited to an Authorized Passenger), then first and foremost immediately call 911 and seek any medical attention you and/or anyone else may require. Driver/Renter must contact the police and fill out a police report, contact Scoozer within one (1) hour or, in the event of injury to the Driver/Renter, as soon as reasonably practicable following the accident or incident by contacting Scoozer’s customer service by phone (956-319-0162). If your injuries do not prevent you from doing so, you must stay at the scene until the police finish their report and allow you to leave. As soon as practicable following the incident, Driver/Renter agrees to provide to Scoozer all of the information below:
- Details, circumstance, and location of the incident (time, address, relevant details of the accident);
- Relevant information for any vehicles or third party involved (e.g., license plate, names, phone number, and driver’s license number of any persons involved, VIN, make and model, vehicle color);
- Insurance materials of all parties involved (e.g., policy number, name, insurance provider);
- Witness contact information (e.g., name, address, phone number);
- Insurance information for your personal motor vehicle policy, if applicable;
- Photographs of any damage to the Scoozer Scooter or of other vehicles involved; and
- A copy of the police report.
Driver/Renter agrees to fully cooperate with Scoozer, investigators, and insurance partners in the event of an accident or damages to any third-party person (including to any passenger, including but limited to any Authorized Passenger) or property. Driver/Renter confirms that any legal case in relation to an incident involving a Driver/Renter and third party may be settled by Scoozer in Driver/Renter’s name in Scoozer’s sole discretion. Driver/Renter must not, without Scoozer’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the accident or incident.
5.04 Driver/Renter Responsibility for Theft or Loss of Scooter. Except as may be specified otherwise herein, Driver/Renter is solely responsible for what happens to all Scoozer property while in use by Driver/Renter. This includes, without limitation: any theft of, loss of, or damage to a Scooter, or any other equipment.
5.05 Passengers. Driver/Renters may operate Scooters with Authorized Passengers only in jurisdictions that permit such passengers. Driver/Renters may not operate Scooters with any passenger who does not qualify as an Authorized Passenger. Driver/Renters are solely responsible for any damage to persons or property of any passengers, including but not limited to Authorized Passengers. Scoozer shall have no liability for such damages.
5.06 Pre-Ride Safety Check. Before each use of a Scooter, Driver/Renter shall conduct a safety inspection of the Scooter, which includes inspecting the Scooter for the following: (i) body damage; (ii) low tire pressure; (iii) broken lights/signals, mirrors; (iv) properly functioning brakes; (v) trueness of the wheels; (vi) good condition of the frame; (vii) sufficient battery charge power; and (viii) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. If the Scooter has signs of any damage, Driver/Renter must not use the Scooter and instead must contact Scoozer immediately through the damage reporting feature on the App (located in the “Help” section) or by calling Scoozer’s customer service (XXXXXXXXXX). Failure to report damage prior to using the Scooter shall constitute a breach of this agreement and Driver/Renter may incur liability for any repair costs. It is Driver/Renter’s
responsibility to make sure prior to initiating a ride that the Scooter has adequate electric charge for the expected duration of the ride.
5.07 Traffic and Parking Tickets. Driver/Renters are solely responsible for any violations, including but not limited to traffic violations incurred during the rental of a Scooter. The Driver/Renter agrees that Scoozer may charge the Driver/Renter’s payment method on record.
5.08 Vehicle is Intended for Only Limited Types of Use. Driver/Renter agrees that he/she will not use the Scooter for racing, mountain riding, or stunt or trick riding. Driver/Renter agrees that he/she will not operate and/or use the Scooter on busy roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Driver/Renter agrees that he/she will not use the Scooter to transport persons for hire or reward, nor use it in violation of any law, ordinance or regulation.
5.09 No Tampering. Driver/Renter must not tamper with, attempt to gain unauthorized access to, or otherwise use the Scoozer Services other than as specified in this Agreement.
5.10 Driver/Renter Responsibility for Scooter Use and Damage. Driver/Renter agrees to return the Scooter to Scoozer in the same condition in which it was rented. Driver/Renter will not be responsible for normal wear and tear.
6.0 Indemnification; Limitation of Liability.
6.01 Indemnification. Driver/Renter agrees to indemnify, defend, and hold Scoozer, its affiliates, and its and their respective, officers, directors, shareholders, partners, employees and agents (collectively referred to herein as “Scoozer”) harmless from and against all damages, losses, claims, liabilities, injuries, demands, costs, and expenses of any kind, which are incurred by Scoozer arising out of, resulting from, or related to Driver/Renter’s use or rental of a Scooter.
6.02 LIMITATION OF SCOOZER’S LIABILITY. Except to the extent any loss or damage is ultimately determined to be due SOLELY to Scoozer’s gross negligence or willful misconduct:
- SCOOZER IS NOT LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF DRIVER/RENTER’S RENTAL OR USE OF A SCOOTER OR THE SERVICES. SCOOZER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF A SCOOTER, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RIDING A SCOOTER IS A HIGH-RISK ACTIVITY. DEATH OR SERIOUS INJURY IS POSSIBLE. HEAD-ON COLLISIONS ARE THE MOST COMMON AND FATAL TYPE OF SCOOTER CRASH. ACCIDENTS ALSO FREQUENTLY OCCUR ON
LEFT HAND TURNS OR WHILE STOPPED AT A TRAFFIC INTERSECTION SINCE A SCOOTER IS MORE DIFFICULT FOR OTHER DRIVERS TO SEE. LANE SPLITTING CAN CAUSE SERIOUS ACCIDENTS AS WELL. OTHER COMMON REASONS BEHIND MANY SCOOTER ACCIDENTS (BUT NOT A COMPREHENSIVE LIST) INCLUDE POTHOLES, UNEVEN PAVEMENT, RIDING CARELESSLY IN INCLEMENT WEATHER, DEAD ANIMALS OR DEBRIS IN THE ROAD, SPEEDING, AND DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL. WHEN A SCOOTER ACCIDENT DOES HAPPEN, OFTENTIMES SERIOUS INJURIES OCCUR. SOME OF THE MORE COMMON ONES INCLUDE HEAD AND/OR BRAIN INJURY, NECK AND/OR SPINAL CORD INJURY, BACK INJURY, NERVE DAMAGE, LOSS OF HANDS, FEET, FINGERS AND OTHER LIMBS, PARALYSIS, AND DEATH. BY RIDING A SCOOTER AND/OR USING THE SERVICES, DRIVER/RENTER ACKNOWLEDGES AND ASSUMES THESE RISKS. - Scoozer is not accountable for any damage to the Driver/Renter’s or any passenger’s (including but not limited to Authorized Passenger’s) persons or belongings that occurs while riding or operating a Scooter, nor shall it be accountable for any harm to third parties (including to any passenger, including but not limited to Authorized Passenger) for the actions taken by any Driver/Renter during the reservation period or use of a Scooter. Scoozer makes every effort to ensure there are enough Scooters for Driver/Renters, but cannot guarantee availability or functionality of a Scooter and is not responsible for any damages arising from Scooter non-availability. Driver/Renter’s access to and use of Scooters is subject to availability, as the Services are delivered on a real-time basis and cannot be reserved for a longer period ahead of time than as indicated in the App.
- ANY USE OF A SCOOTER PROHIBITED BY THIS AGREEMENT VOIDS ALL COVERAGES OR WARRANTIES (INCLUDING BUT NOT LIMITED TO INSURANCE, ACCIDENT, OR LIABILITY COVERAGES); MAKES A SCOOTER SUBJECT TO IMMEDIATE RECOVERY BY SCOOZER WITHOUT NOTICE TO DRIVER/RENTER; AND MAKES DRIVER/RENTER RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE SCOOTER, INCLUDING SCOOZER EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE.
7.0 RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for Driver/Renter being allowed to use Scoozer Services, Scooters, and other equipment or related information provided by Scoozer, Driver/Renter agrees to fully release, indemnify, and hold harmless Scoozer 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 and every sponsor of any of the Scoozer 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 Driver/Renter’s use of the Scoozer Services, Scooters, 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, illness, wrongful death, property damage, and injury to Driver/Renter or to third parties including to any passenger or Authorized Passenger, 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 Scoozer Services, including any of the Scooters, placement, equipment, maintenance, related information, this Agreement or (b) Driver/Renter’s use of any of the foregoing.
To the fullest extent permitted by law, and as to Driver/Renter’s use of any of the Scoozer Services, Scooters, or related equipment, Scoozer and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Scoozer Services, Scooters, and related equipment are provided “as is” and “as available,” and Driver/Renter relies on them at Driver/Renter’s own risk.
Driver/Renter is aware that Driver/Renter’s use of any of the Scoozer Services, Scooters, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury, illness, or death to Driver/Renter 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;
- Scooter or component malfunction;
- communicable diseases
- road conditions; and
- weather conditions.
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 Scoozer, the Released Parties, any Municipality or any other party. Driver/Renter hereby expressly waives any claims against the Released Parties,
any Municipality or any other party which Driver/Renter does not know or suspect to exist in his or her favor at the time of use of Scoozer Services, and expressly waives Driver/Renter’s rights under any statutes that purport to preserve Driver/Renter’s unknown claims.
8.0 DRIVER/RENTER ACCEPTANCE OF AGREEMENT
By filing creating an account and requesting to renter a Scooter, you hereby certify the following:
- I certify that I have read and expressly agree to the terms and conditions of the above 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 Scooter, and am reasonably competent and physically fit to ride the Scooter.
- I certify that I am the Driver/Renter; I am 18 years old or over; I will not allow any person other than myself to operate or drive a Scooter using my Driver/Renter Account; 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.
9.0 Notices
Any communications and notices from Driver/Renter to Scoozer in relation to this Agreement must be sent to Scoozer by email at [email protected]. Routine Scoozer communications will be sent to the cell phone number, email address, or mailing address provided by the Driver/Renter in its account information.
10.0 Penalties.
Driver/Renter agrees to pay any fines or fees described in the Rate Schedule, on the Site, or in any provision in this Agreement, the Terms of Use, and/or the Privacy Policy.
11.0 DISPUTE RESOLUTION
Driver/Renter and Scoozer agree to submit to the Dispute Resolution provisions of the Terms of Use, which are fully incorporated herein by this reference. Those provisions include a binding arbitration provision.
12.0 CHOICE OF LAW
This Agreement, the Terms of Use, and the Privacy Policy shall be governed by the laws of New York without regard to choice of law rules.
13.0 Miscellaneous.
14.01 Scoozer reserves the right to change or amend the Services at any time or deny the Services to a Driver/Renter for any reason.
14.02 No waiver by Scoozer of any of the provisions hereof is effective unless set forth in writing and signed by Scoozer.
14.03 No failure or delay in exercising any right, remedy, power or privilege arising from this Agreement, the Terms of Use, or the Privacy Policy operates as a waiver thereof.
14.04 No single or partial exercise of any right, remedy, power or privilege arising from this Agreement, the Terms of Use, or the Privacy Policy precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
14.05 Unless stated otherwise, all remedies hereunder shall be in addition to any other remedies available to either party at law or in equity.
14.06 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14.07 Provisions of these terms that by their nature should apply beyond the Term will remain in force after any termination or expiration of this Agreement.
14.08 This Agreement may only be amended or modified by Scoozer in its sole discretion.
14.09 This Agreement, and any rights hereunder may not be transferred or assigned by the Driver/Renter without Scoozer’s express written consent, which may be granted in Scoozer’s sole discretion.
14.10 This Agreement is binding upon the parties hereto and their permitted successors and assigns.
14.11 Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for Driver/Renter’s payment obligations.
14.12 This Agreement, including all terms incorporated herein by reference, which include but are not limited to the Rate Schedule, Rules, Privacy Policy, the Driver/Renter/Passenger Agreement and Assumption of Risk, and Terms of Use, constitutes the entire agreement between the parties hereto regarding the subject matter hereof.
14.13 Driver/Renter acknowledges and agrees that Driver/Renter has not relied upon any promise, representation, or warranty, either express or implied, not contained herein.
14.14 In the event of a conflict between the terms of this Agreement any other document referenced herein, the terms of this Agreement shall govern.
