Terms & Conditions
Must be at least 18 years of age with a valid drivers license (motorcycle endorsement not required)
M3 Urban Motorsports LLC
This Scooter/Moped Rental, Release Of Liability, Waiver Of Claims, Assumption Of Risks And Indemnity Agreement (“Agreement”) contains the Terms and Conditions for your scooter/moped rental. This Agreement is between the scooter/moped renter (“Customer”) and M3 Urban Motorsports (“Company”) and covers the rental of the scooter/moped and any related equipment and accessories such as tires, lights, rack, lock, helmet, safety gear, and related miscellaneous gear (“Gear”).
Rental Fees: From the time identified on this Agreement until the scooter/moped is returned Customer agrees to pay the hourly, daily or multi-day rates as agreed upon reservation. The minimum charge is 2 hours. Customer agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges. Customer also agrees to pay a reasonable fee for cleaning the scooter/moped if the scooter/moped is returned with excessive stains, dirt, debris or damage attributable to Customer’s use.
Credit Reserve and Payment by credit card only: Customer understands that Customer must pay in full an amount (to be used against the final bill) equal to the estimated total charge for the scooter/moped rental at the rates indicated on the website and confirmed over the phone and via email. Company only accepts payment by credit card. Customer authorizes Company to charge Customers credit card any amounts due from Customer as a result of the rental.
Charges for loss and/or damage to the scooter/moped. Customer understands that all charges are not final and are subject to audit of the returned bicycle. Customer specifically agrees and authorizes Company to make any charges by credit card if there is damage beyond normal wear and tear.
Scooter/Moped Return: Customer agrees to return the scooter/moped to Company in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by Company. Customer agrees to return the scooter/moped sooner if so demanded by Company. Customer understands that there may be rate or special charges if Customer returns the scooter/moped at a different time, date, or location than indicated in this Agreement.
Prohibited Use of the Scooter/Moped: No highway use! No trail use Customer will not use or permit the scooter/moped to be used for hire, to be operated in a test, race or contest, or to be ridden on any highway, road with a speed limit that exceeds 35mph, unpaved roads, in dirt or through water, or in any location that operation would be illegal or a nuisance to others. Customer will not use or permit the scooter/moped to be used for an illegal purpose. A violation of this paragraph automatically terminates the rental and makes Customer liable to Company for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
Damage to Bicycle: Customer shall pay Company for all losses and/or damage to the scooter/moped, including theft or vandalism, regardless of fault. If the scooter/moped is damaged, customer agrees to pay the reasonable costs of repair and diminution in value. If the scooter/moped is damaged beyond reasonable repair (as determined by Company), customer shall be responsible for the retail fair market value less any salvage value, if applicable. In addition, Customer shall also be responsible for the loss of use, administrative fees, as determined by Company or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Customer shall be responsible for paying loss of use at the daily rate for each 24 hours Customer delays in paying the total loss. Customer is also responsible for any loss if Customer: (1) abuses the scooter/moped or violates any prohibited use or operation as specified in this Agreement; (2) rides recklessly; (3) rides while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and Company; (5) fails to complete an accident report; (6) obtains the scooter/moped through fraud or misrepresentation; or (7) uses the scooter/moped for an illegal purpose. Customer authorizes Company to collect from a responsible third party any applicable loss and/or damage. In the event Company obtains a recovery from a third party after Customer has paid Company for all or part of any loss, Company will refund to Customer any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorney’s’ fees.
Accidents-Third Party Claims: Company is not responsible if Customer causes injury to another person or if Customer damages another scooter/moped, vehicle or personal property of another. Customer agrees to indemnify and defend Company and pay any claim brought by a third party arising out of Customers use of the scooter/moped and for any liability associated with any personal accident/injury as a result of Customer’s use of the scooter/moped.
Statement Of Physical And Mental Fitness, Insurance, And Scooter/Moped Safety:
a. I understand that scooting/moped driving requires certain physical strength and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
b. I am in sound physical and mental condition and am able to ride a scooter/moped. I can make informed, objective decisions. I currently have no known physical, medical or mental condition which would impair my ability to ride a scooter/moped, or else I understand I assume all risks that may be created, directly or indirectly, by any such condition.
c. I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability I may cause or suffer while riding the scooter/moped or else I understand I must solely bear the costs of such injury or damage and all related costs.
d. I acknowledge that I have been advised to wear an approved helmet and reflective or white clothing and a light if biking after sundown. I am aware that scooting/moped is subject to all applicable municipal and provincial highway traffic regulations. I am familiar with the proper use of the scooter/moped. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the scooter/moped.
Customer Assumes Risk of Injury: Customer assumes all risks, including death or serious bodily injury, which may result from the operation of the Bicycle, weather, altitude, accidents, etc. Customer acknowledges all the risks of operating a scooter/moped on streets, roads, and in traffic, including the risks of serious bodily injury or death from falling off the scooter/moped, colliding with other Bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, scooter/moped malfunctions, and hazards relating to weather conditions. Despite knowing all associated risks, Customer freely assumes all risks of personal injury and/or damage in the operation of this scooter/moped and Customer agrees to hold Company harmless from all claims of injury or damage. Therefore, in consideration for the opportunity to rent a scooter/moped from Company, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with Company. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of Company or its officers, employees and agents.
Property left on Scooter/Moped: Company is not responsible for personal property left on the scooter/moped. Customer agrees to indemnify Company in this regard.
Release Of Liability, Waiver Of Claims And Indemnity Agreement: Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify Company, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on Company behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF Company), demands for loss, damages, injuries, or any other causes of action relating in any way to my scooter/moped rental, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE COMPANY OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM COMPANY’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against COMPANY, I agree to indemnify COMPANY and pay all damages, costs, fees, expenses and attorney’s fees incurred by COMPANY in defending such a lawsuit or such claims. In no event will COMPANY’s liability to a Customer be greater than the amount of the fees paid by the Customer to Company for scooter/moped rental, even if the amount of damages suffered by the participant customer may be greater than this amount. Furthermore, in no event will Company be liable for any indirect, special, implied, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
EXCEPTIONS/EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS.
Dispute Resolution, Arbitration And Governing Law: Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. The prevailing party shall be entitled to recover attorney fees and costs. You may not commence against Company or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in Company, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Company or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against Company may be commenced only in the federal or state courts located in Portland, Maine. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and Company, shall be governed by the laws of the state of Maine without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.
Waivers
WAIVER AND RELEASE AGREEMENT
M3 Urban Motorsports LLC
This Waiver and Release Agreement is made by and between M3 Urban Motorsports LLC
(herein after referred to as the “Company”) and ____________________________ (“Customer”) in return for the use of the property and services of the Company, the Customer, hereby expressly agrees to the following:
1. The Customer expressly acknowledges, understands, and agrees that the rental of an electric scooter from the Company involves inherent risk, including the risk of serious injury and/or death and/or property damage, and that many factors cause unpredictable conditions and circumstances.
2. The Customer attests that he or she does not have any physical condition or limitation that would prevent him or her from operating an electric scooter. It is the responsibility of the Customer to carry full and complete insurance coverage on his or her personal property, and him or herself.
3. The Customer agrees to assume full responsibility for any and risk involved in or arising from the Customer’s use of an electric scooter rented from the Company, including, without limitation but not limited to, the risk of death, bodily injury, personal injury, property damage, falls, collisions, fire or explosion, or the negligence of the Company or any agents, servants, or employees thereof or of another person, or any other harm, damage, or injury.
5. The Customer agrees to hold the Company and all of its and their successors, assigns, subsidiaries, franchises, affiliates, officers, directors, employees, and agents completely harmless and not liable and hereby release, waive, and discharge them from all liability whatsoever and agrees not to sue them on account of or in connection with any claims, causes of action, injuries, damages, cost or expenses arising out of the Customer’s use of Company property, whether caused by the negligence of the Company, including consequential damages.
6. The Customer agrees to waive the protection afforded by any statute of law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the release does not know or suspect to exist at the time of executing the release.
7. The Customer agrees to indemnify, and defend the Company against, and hold it and its owners harmless from any and all claims, causes of action, loss and liability, damages, judgments, settlements, cost or expenses, including attorneys’ fees, which in any way arise from the Customer’s use of property owned or used by the Company, including any negligence on the part of the Company.
8. The Customer agrees to abide by all of the Company’s rules and regulations.
9. The Customer agrees, consents, and authorizes the Company and its agents and assigns to use for Page 2 of 2 commercial, artistic, or promotional purposes any and all photographs and film footage, or any derivative work therefrom, in any media, taken of the Customer while the Customer was using a scooter rented from the Company.
10. This Waiver and Release Agreement is made and entered into in the State of Maine and shall be enforced and interpreted under the laws of this State. Should any clause be in conflict with State law, then that clause shall not affect the validity of any other clause. When the Company and the Customer sign this Waiver and Release Agreement, it will then be binding on both parties, subject to the above terms and conditions.
11. Paper or Electronic Acceptance. This Agreement may be accepted and entered into either by paper signature of the Client or by electronic acceptance of the terms of this Agreement, which acceptance shall constitute an electronic record of the Agreement between the parties. The undersigned has read and voluntarily signs / electronically accepts (click on “I accept”) this Waiver and Release Agreement, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.