Effective Date: November 9, 2023
Unagi, Inc. (“Unagi”) offers this Unagi Personal Rental (“Rental”) Program to You for the purpose of renting UNAGI® Electric Scooters for a specified period, subject to the terms and conditions set out herein. In consideration of Your use of any of the Unagi Services (defined below) that may be provided by Unagi, Unagi requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Unagi Personal Rental Agreement (which includes WAIVERS OF LIABILITY and RELEASE) (“Agreement”).
Please CAREFULLY READ this Agreement before entering into this Agreement with Unagi. In the event You are reading this Agreement on a smartphone or other personal device with a smaller screen, note that the Agreement’s terms include but are not limited to:
- RELEASES, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 23 AND 24 BELOW.
- Do not park, leave or use Scooter in a prohibited parking spot, on unauthorized private property, in any manner that blocks a right of way, or in another improper non-public space.
- Obey all applicable laws and regulations, including without limitation, those applicable to traffic, placement or use of Scooters, and any applicable helmet laws.
- Promptly report any unreturned, damaged or malfunctioning Electric Scooters to Unagi via e-mail or the Unagi Site [https://support.unagiscooters.com/hc/en-us/requests/new?ticket_form_id=360000369359](to which a response email from Unagi will be sent, with instructions on what to do with Your Electric Scooter).
1. Services. As used throughout this Agreement, “Services” provided by Unagi include, among other things, (1) the Unagi website (the “Unagi Site” or “Site”, currently at www.unagiscooters.com), (2) A rented UNAGI® Electric Scooter (“Scooter”) provided through a rental program as defined in § 1.1 of this Agreement, and (3) all related equipment, personnel, services, applications, websites, and information provided or made available by Unagi (collectively, “Unagi Services”).
1.1. Rental Programs. Unagi provides two rental programs as part of this Agreement, (1) a monthly or annual subscription to a Scooter (“Unagi All-Access”), and (2) an hourly or daily rental of a Scooter (“Unagi On-Demand”). Unless explicitly specified, terms of this agreement shall apply to both rental programs.
2. Personal, Non-Commercial Use Only. Under the Personal Rental Program, You are renting a Scooter for Your personal use only. As a personal rental, the Scooter shall not be available for rent or use by third parties during your Rental Period. Except as specified herein, You are responsible for using, storing and securing the Scooter during the entire rental period for which you have elected to rent the Scooter (the “Rental Period”). In addition, You may not use the Scooter for any commercial purpose whatsoever without Unagi’s prior written consent.
3. Rider is At Least 18 Years Old. Rider represents and certifies that they are at least 18 years old.
4. Rider is a Competent Electric Scooter Operator. Rider represents and certifies that he/she is familiar with the operation of the Scooter, is reasonably competent and physically fit to ride the Electric Scooter, and has reviewed the safety materials posted on the Unagi Site.
5. Scooter Remains Property of Unagi. At all times during the term, the Scooter (together with any related equipment provided by Unagi to You) remains the exclusive property of Unagi.
6. Scooter Availability. The Personal Rental Program may only be available in select markets and for select time periods, at Unagi's sole discretion. Unagi may suspend or terminate the program at any time. Currently the Personal Rental Program is only available in the United States. You agree and acknowledge that Scooters are only available for usage or delivery on dates and times determined solely by Unagi, or authorized Unagi partners, and such dates and times may be changed at any time by Unagi, or authorized Unagi partners, with or without prior notice. The number of available Scooters is always limited and availability is never guaranteed. Scooters may be refurbished models with cosmetic imperfections. Unagi reserves the right to replace Scooter for any reason.
7. DELIVERY & RETURN.
7.1. Unagi All-Access Rentals: This subsection applies only to Riders who participate in an Unagi All-Access Rental. Your Scooter will be delivered at a designated location on a designated date, subject to availability and weather conditions, and other conditions. The delivery location must be a valid street address in a city in which the Personal Rental Program is available and where you are available to receive the scooter, in accordance with the FAQs published on the Unagi website. Upon return of Your Scooter for any reason (unless You are receiving a replacement Scooter), You will also be required to return any provided equipment such as power cords and locks. You shall be responsible for all costs associated with failure to return a Scooter on the scheduled date and time and in the condition it was delivered to You (ordinary wear and tear excepted), and for any failure to return all other equipment Unagi provided to You. You agree to return the Scooter to Unagi in the condition in which it was received. You will not be responsible for normal wear and tear. Unagi may, in its sole discretion, charge You the full replacement value of the scooter for any scooter You fail to return as set forth in Section 13 herein.
7.2 Unagi On-Demand Rentals: This subsection applies only to Riders who participate in an Unagi On-Demand Rental. To participate in an Unagi On-Demand rental, a Scooter must be immediately available for rent at an Unagi partner location. You are responsible for initiating an Unagi On-Demand Rental by fully and accurately completing the Unagi online rental form (the “Unagi On-Demand Rental Form”), including providing a valid credit or debit card number. After initiating a rental, You are responsible for safely removing Scooter from Unagi or Unagi partner facilities, with due care to prevent any damage to facilities, property, or other persons. You shall be responsible for returning Scooter within seventy-two (72) hours from initiating an Unagi On-Demand rental to the same location it was retrieved, alongside all equipment, including but not limited to, Scooter chargers and helmets. You shall be responsible for all costs associated with failure to return a Scooter on the scheduled date and time and in the condition it was delivered to You (ordinary wear and tear excepted), and for any failure to return all other equipment Unagi provided to You. Upon returning Scooter, you agree to immediately complete the Unagi On-Demand Rental Return Form, provided to You via text message, email, or any other standard means of communication. If at any time during your rental (i) you are involved in an accident, (ii) the Scooter is damaged, or (iii) you damage the property of an Unagi partner; you agree to immediately contact Unagi and provide disclosure of the incident. Unagi may, in its sole discretion, charge You the full replacement value of the scooter for any scooter You fail to return.
8. Compliance With Applicable Laws. You agree to follow all applicable laws pertaining to the use, riding, parking, charging, and/or operation of Your Scooter, including all state and local laws and/or ordinances pertaining to electric scooters in the area where You reside and operate the Scooter.
9. Prohibited Acts. You agree to refrain from all of the following:
- Operating a Scooter while carrying or holding a backpack, bag, or other item that can alter balance, add extra weight, or impair balance or safe operation of the Scooter. Unagi recommends that any backpack or bag fits snugly to Your body and does not impede Your ability to operate or maintain balance on the Scooter.
- Placing or hanging any object(s) on the handlebar of the Scooter, such as backpacks or bags.
- Using any cellular telephone, text messaging device, portable music player, or other similar device while operating a Scooter that may distract You from safely operating a Scooter.
- Operating any Scooter while under the influence of any alcohol, drug, medication, or other substance that may impair Your ability to safely operate a Scooter.
- Carrying a second person, child or a pet on a Scooter.
- Parking or storing a Scooter without using a locking mechanism.
- Parking a Scooter in any location that is (1) prohibited by applicable federal, state or local law; (2) on private property in an unauthorized manner; (3) blocking a public right of way; or (4) in any other location where a Scooter may present an impediment to normal pedestrian traffic, or where the Scooter is likely to be knocked down.
- Failing to park the Scooter in an upright position using its kickstand.
- Using a Scooter for racing, mountain riding, stunt riding or trick riding.
- Operating a Scooter on unpaved roads, or through standing water.
- Renting out, loaning, transferring possession or offering subscription services for the use of a Scooter.
- Operating a Scooter that exceeds the maximum weight limit of 275 pounds.
- Defacing, dismantling or tampering with a Scooter’s chassis, labels, electronics, motor system, stickers, onboard GPS system or any other Unagi Property.
- Transporting the Scooter(s) outside of the United States.
- Operating the scooter in any such way or in conditions that could reasonably damage the scooter or cause injury to You, property, or other persons, including, but not limited to, (1) operating the Scooter in the rain; (2) riding the Scooter off curbs or other structures more than two inches in height; or (3) failing to maintain a reasonable and safe speed.
10. Reporting Requirements. During the Rental Period, You must report any or all of the following via the Unagi Site within forty-eight (48) hours of occurrence:
a. Any theft, damage, malfunction or other functional impairment of a Scooter that is caused or experienced by, or known to You, along with a copy of the police report (if applicable). In reviewing or responding to any such report, Unagi reserves the right to request additional information. After review Unagi, in its discretion, may request return of a subject Scooter and/or offer to replace the Scooter with another Scooter upon payment of a fee by You in accordance with Section 13 herein.
b. Any traffic accident, collision or crash involving personal injury to You or any third party, whether or not such incident involved a traffic or criminal citation. For such incidents that do involve a traffic or criminal citation, Your report must include a copy of the relevant police report.
You agree and acknowledge that Unagi may, and will cooperate with law enforcement to provide any information necessary as they may request or may otherwise be required.
11. Liability. You are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits or disbursements of any kind or nature whatsoever related to:
a. Damaged, stolen or unreturned Scooters.
b. Any traffic or parking citation, fines and/or impound charges.
c. Charging or attempting to charge a Scooter with a charging cord other than provided or approved by Unagi.
YOUR AUTOMOTIVE/HOMEOWNER/RENTERS/OTHER INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR DAMAGE TO SCOOTERS, DAMAGE TO YOURSELF OR OTHERS CAUSED BY SCOOTERS, OR DAMAGE TO PROPERTY CAUSED BY SCOOTERS. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURER.
12. Charging Your Electric Scooter. Your Scooter is an electric scooter that requires periodic charging of its battery in order to operate. You are responsible for charging the Scooter, and for using a charging cord that has been provided to You or approved by Unagi. The level of charge power remaining in the Scooter will decrease from ongoing use of the Scooter. 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 You initiate the operation of the Scooter may vary with each use. The rate of loss of charging power during the use of the Scooter may vary based on the road conditions, weather conditions, temperature and other factors. The Scooter may run out of charging power and cease to operate at any time during Your use of the Scooter, including before reaching Your desired destination. You are responsible for checking and monitoring the level of charge power in the Scooter at all times.
13. PAYMENT AND FEES.
- Personal Rental Fees. Fees for leasing a Unagi Electric Scooter under the Personal Rental Program shall be specified on the Unagi Site (or mobile application) and such fees are non-refundable. Fees will be charged beginning on the date of purchase. Fees will continue on a recurring basis until cancelled or otherwise terminated. Rider may use the Electric Scooter in accordance with this Personal Rental Program: its pricing is described on the Unagi site. Pricing is subject to change. Fees and other charges may be subject to applicable taxes and other local government charges: these taxes and charges may be charged and collected by Unagi. Unagi will charge You (through credit, or debit card or through another agreed payment method) the subscription amount as stated and any other fees as described in this Agreement, including a recurring payment plan for the subscription You have chosen.
- Fees for Damaged Scooters. Unagi may, in its sole discretion, charge you a fee for replacement of a damaged scooter plus administrative and processing fees upon return of such scooter by You.
- Fees for Missing Scooters. Unagi may, in its sole discretion, charge you a fee up to the replacement value of the Scooter plus administrative and processing fees for replacing scooters that you fail to return to Unagi.
13.2 Referral and/or Promotional Codes. Unagi may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on Unagi Services or other features or benefits provided by Unagi, subject to any additional terms that Unagi establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by Unagi; (iii) may be disabled by Unagi at any time for any reason without liability to Unagi; (iv) may only be used pursuant to the specific terms that Unagi establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to Your use of them. Unagi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by You or any other user in the event that Unagi determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
13.3 Valid Payment Method. To be registered to use the Unagi Services, You must provide Unagi with a valid credit or debit card number and expiration date or other valid payment method information. You represent and warrant to Unagi that You are authorized to use any credit or debit card or other payment method based on information You have provided to Unagi. By providing your payment method, You agree that Unagi is authorized to charge You for Your subscription and any other fees incurred by You under this Agreement, including applicable governmental and regulatory charges and applicable sales and other taxes. When You provide a payment method, in accordance with Unagi policies, our system will attempt to verify the information You entered. We do this by processing an authorization hold, which is a standard practice. We do not charge You in connection with this authorization hold. If Your payment method expires or is declined for any reason, and You do not update your information or cancel your account, You authorize us to continue billing You, and You will remain responsible for any uncollected amounts (including without limitation any unpaid fees). You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
13.4 Charging Disputes; Third Party Collections. If You wish to dispute any charge made by Unagi, then You must do so by notifying Unagi of said dispute within five (5) business days from the end of the applicable billing month. In the event Unagi uses a third party collection and/or administrative agent to resolve any tickets, damages, infringements of law or of this Agreement, fines and/or penalties, You agree to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
13.5 Late Payments. If You fail to make regularly scheduled payments to Unagi after a grace period of fourteen (14) days while You are in possession of Unagi property, Unagi has the right to charge a late fee of $2 per day for each scooter in Your possession, in addition to the regular rental fee. If payment in full is not made within sixty (60) days, and if any scooter in your possession or control is not returned to Unagi pursuant to Section 7, Unagi, after prior written notice to You, may (i) deem said scooter(s) as “missing” pursuant to Section 15; and (ii) assess an additional non-recoverable scooter fee of up to the full retail value, for each scooter, in addition to (and not in lieu of) any past due balance and/or late fee(s).
13.6 Eligibility. Unagi may conduct a soft credit check for new customers when they first sign-up to use the platform. This soft credit check will not impact a customer’s credit score. Soft credit checks (also known as soft pulls or soft inquiries) are very common and will not affect credit scores, will not be visible to other lenders or creditors and may or may not be recorded in credit reports, depending on the credit bureau. Unagi takes a number of factors into account when making a decision to approve a new customer and a soft credit check is one of those factors.
14. Safety Check. Upon receiving Your Scooter(s), and prior to each use of Your Scooter(s), You are advised to conduct a basic safety inspection of the Scooter, 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 other open and obvious mechanical problem/maintenance need. If an inspection reveals any safety problems or concerns, You agree to refrain from operating the subject Scooter(s), and to immediately notify Unagi of such problems or concerns via the Unagi Site.
15. Missing Electric Scooter. A Scooter shall be designated as “missing” if it is stolen, if You fail to pay any and all payments owed by You for your rental of the Scooter while it is in your possession or control, or if it is otherwise unavailable for return to Unagi for any reason at the end of the term. Unagi shall have the authority to take any and all actions it deems appropriate to recover and/or mitigate loss due to missing Scooters, including (without limitation) obtaining restitution and other appropriate compensation and damages, and filing a police report with local authorities. Unagi may, in its sole discretion, replace missing scooters with payment of a fee up to the replacement value of the Scooter plus administrative and processing fees. Rider shall be responsible for immediately filing a police report for missing and/or stolen property as soon as reasonably possible. Rider will be responsible for a fee of up to full retail price for non-returned Scooter, as determined in Unagi’s sole discretion, depending on the totality of circumstances. Unagi reserves the right to take legal action against anyone who deprives Unagi of its property to the fullest extent permissible under law. You agree to cooperate with Unagi, Unagi partners, and law enforcement, in any investigation related to the loss of Unagi property.
16. Helmets; Safety. Unagi recommends that You wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Unagi and all other Released Persons (defined below in Section 24) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons are liable for any injury suffered by Rider while using any of the Unagi Services, whether or not You were wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may also need to take additional safety measures or precautions not specifically set forth in this Agreement, including obeying local safety rules and measures. Any helmets provided as part of the Unagi On-Demand program may have had prior use and Unagi makes no guarantees for the quality or safety characteristics of such helmets; such helmets are provided as emergency equipment only, and are not regularly inspected. Rider shall always use their own safety equipment that is personally inspected when riding a Scooter.
17. Scooter Routes Not Part of Unagi Services. You agree that the Unagi Services do not include providing, maintaining or guaranteeing safe, permissible locations to ride Scooters in Your area or location. You are responsible at all times for determining what (if any) safe, permissible locations there are to operate Scooters.
18. Limitations on Electric Scooter Rental. You agree that: (i) Unagi is not a “common carrier” as that term is commonly used and understood; (ii) alternative means of public and private transportation are available to the general public and to You, including public buses and rail service, taxis, and pedestrian paths; and (iii) Unagi provides Scooters to You only as a convenience, and to be used only by You upon entering into this Agreement.
19. Termination. At any time, Unagi may unilaterally terminate Your privilege to use the Unagi Services, with or without notice or Your consent. You may terminate use of the Unagi Services at any time through written notice to Unagi; provided, however, that (i) a refund may be provided by Unagi, if warranted, (ii) the term of this Agreement continues in accordance with its terms, (iii) You may still be charged any applicable additional fees as set forth in this Agreement, (iv) all Unagi property has been returned in accordance with § 7 of this Agreement, and (v) You are not in material breach of this Agreement. This Agreement remains in full force and effect after termination of Your use of any of the Unagi Services, regardless of how the Agreement is terminated.
You expressly consent to receive non-marketing sms/text messages and emails from Unagi at the mobile number and email address you provide. These messages are transactional in nature and contain order updates or account notifications. Opting in to receive marketing text messages is not required to purchase any products or services from Unagi. By providing your mobile number and email, you agree you have ownership rights or permission to use the number and email given to Unagi.
21. Notice. Unagi may be contacted by visiting https://unagiscooters.com/pages/customer-service/ or by mail at 2200 Livingston Street, Oakland, CA 94606.
22. Choice of Law; Venue. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of California, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing 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 California and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in AlamedaCounty, California. The parties further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
23. Binding Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
23.1 Best Efforts. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.
23.2 Binding Arbitration. If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use, rental, and subscription of a Scooter, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under applicable commercial arbitration rules for JAMS (or the mutually agreed upon arbitration service), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Unagi will pay the additional cost. The arbitration rules also permit You to recover attorneys’ fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in a court of law.
23.3 Location. The exclusive location of arbitration will be Alameda County, California, or at a mutually agreed upon location (at Unagi’s sole discretion).
23.4 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 UNAGI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
23.5 Litigation of Intellectual Property or Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in the proper 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.
23.6 Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Your decision to opt-out to the following address: Unagi, Inc., 1040 22nd Ave, Oakland, CA 94606. The notice must be sent within thirty (30) days of the effective date or Your first use of the Service, whichever is later, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt-out of these arbitration provisions, Unagi also will not be bound by them.
23.7 Changes to this Section. Unagi will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.
24. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK. As consideration for use and enjoyment of Unagi Services by You, You agree to fully release, indemnify, and hold harmless (i) Unagi and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns; (ii) to the fullest extent permitted by law, any municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which You have utilized the Unagi Services; and (iii) every property owner or operator with whom Unagi has contracted to operate Unagi Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns ((i), (ii) and (iii) collectively, the “Released Persons”) from liability for all Claims arising out of or in any way related to Your use of the Unagi Services, including but not limited to, Claims based on Released Persons’ alleged sole or partial 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.
As used herein, “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 You, or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Unagi Services, including any of the Scooters, placement, equipment, maintenance, related information, this Agreement or (b) Your use of any of the foregoing.
To the fullest extent permitted by law, and as to Your use of the Unagi Services, Unagi and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Unagi Services (including Scooters and related equipment) are provided “as is” and “as available,” and You rely on them at Your own risk.
You expressly acknowledge that use of the Unagi Services involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to You, pedestrians or others, and/or damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Such risks, dangers, and hazards, include, but are not limited to: road obstacles; pedestrian movement; traffic, road or weather conditions; failure to follow applicable laws; commission of any prohibited acts identified in Section 9; failure to perform safety checks pursuant to Section 14; failure to wear or fasten a helmet; and negligent acts or omissions by Unagi any other Released Persons.
You are solely and fully responsible for the safe operation of the Scooter(s) at all times. You agree that Scooters are machines that may malfunction (even if properly maintained), and that any such malfunction may cause injury. You assume full and complete responsibility for all related risks, dangers, and hazards, relating to the Scooter(s) and Unagi Services.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims which You do not know or suspect to exist in Your favor at the time you enter into this Agreement or use the Unagi Services (whichever is earlier), and You expressly waive Your rights under any statutes that purport to preserve Your unknown claims (if any).
25. 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.
26. Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
27. Final Agreement; Modification by Unagi. 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, without Your consent, Unagi may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Unagi Services after any amendment, modification, or change, You agree to be bound by all such amendments, modifications, and changes. Whenever a change is made to this Agreement, Unagi will post a notification on the Unagi Site. You should carefully review this Agreement and the Unagi Site on a regular basis to maintain awareness of all amendments, modifications, and changes.
28. Contract Interpretation. 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 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.
29. Voluntary Execution of this Agreement. This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Unagi. You acknowledge that (a) You have read this Agreement; (b) You understand the terms and consequences of this Agreement, including the releases it contains; and (c) You are fully aware of the legal and binding effect of this Agreement.
YOUR ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions set forth in this Agreement (including Section 24 Releases; Disclaimers; Assumption of Risk, which I acknowledge 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.