Canrover Rental Agreement, Waiver of Liability, and Release

PLEASE READ THIS AGREEMENT CAREFULLY. IT OUTLINES THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF CANROVER’S SERVICES.

In consideration of your use of any of the services provided by Canrover (the “Services”), you (“Rider,” “You,” or “Your”) agree to all the terms and conditions set forth in this Rental Agreement, Waiver of Liability, and Release (“Agreement”), on behalf of yourself and all of your family, heirs, agents, affiliates, representatives, successors, and assigns.

For the purposes of this Agreement, “Canrover” refers to Canrover Inc., or any applicable Canrover subsidiary providing the Services, including the rental and/or use of electric vehicles (whether owned or leased) (“Vehicle” or “Vehicles”), and any other related equipment, support, services, or information provided or made available by Canrover (collectively, the “Services”).

Use of Canrover’s Services may require you to download and use a mobile application (the

“App”) developed and owned by Canrover or a third-party technology service provider. By using the App, you agree to the Technology Service Provider’s Terms of Service, which you accepted when signing up for the App. You understand and agree that any personal information provided to the Technology Service Provider, including but not limited to names, addresses, phone numbers, email addresses, payment details, and other personal data, will be handled according to the Technology Service Provider’s Privacy Policy.

If Canrover acts as the Technology Service Provider, refer to its Privacy Policy.

Please READ all terms and conditions carefully before proceeding. This Agreement contains important provisions, including release of liability, assumption of risk, disclaimers, and a binding arbitration agreement that may limit your legal rights and remedies. For more details, see Sections 9 and 15 below.

Key Points:

  • You must end your ride through the App when finished. If you fail to do so, you will continue to be charged. The maximum charge for an extended ride (over 24 hours) is $100. For further details, refer to Section 2.3 below.
  • At the end of your ride, ensure the Vehicle is parked in an authorized public space. It must not be left on private property, in restricted areas, or blocking public access.
  • All applicable laws, including traffic regulations, parking rules, and helmet requirements in your area, must be adhered to. See Section 1.7 for more details.
  • Any damaged or malfunctioning Vehicles must be reported promptly to Canrover through the App or via email.
    Canrover agrees to rent you the Vehicle under the terms of this Agreement, and you agree to comply with all of its provisions. Unless otherwise stated, all monetary values in this Agreement are in Canadian dollars.

1. GENERAL RENTAL AND USE OF VEHICLE

1.1 Rider is the Sole User

Canrover and the Rider are the only parties to this Agreement. Except as expressly permitted by Canrover under certain conditions:

  1. The Rider is the exclusive renter and is solely responsible for adhering to all terms and conditions in this Agreement;
  2. The Rider understands that once a Vehicle is activated, it must only be used by the Rider;
  3. The Rider must not allow anyone else to use a Vehicle that has been activated by them.

1.2 Rider Must Be at Least 18 Years Old

The Rider certifies that they are at least 18 years of age.

1.3 Rider is a Competent Vehicle Operator

The Rider confirms they are familiar with how to operate the Vehicle, are reasonably competent, and physically fit to ride it. The Rider has reviewed the safety materials provided by Canrover via the app or other sources. The Rider assumes all responsibility for any injuries or health conditions while using the Vehicle. It is the Rider’s responsibility to determine if weather or environmental conditions (such as rain, snow, ice, or storms) make riding dangerous. The Rider is advised to adjust their riding style and braking to suit the current weather and traffic conditions.

1.4 Vehicle is the Property of Canrover

The Vehicle, along with any associated equipment, remains the exclusive property of Canrover or its suppliers. The Rider agrees not to dismantle, alter, deface, or otherwise modify the Vehicle or any of Canrover’s equipment. The Rider is also prohibited from using the Vehicle or associated equipment for commercial purposes unless authorized by Canrover in writing.

1.5 Vehicle Availability and Operating Hours

Canrover’s Vehicles may not be available 24/7. Vehicles are only available during specific operating hours and within the designated service areas. The availability of Vehicles is not guaranteed, and Canrover may require the Rider to return a Vehicle at any time.

1.6 Operating Area

The Rider agrees not to use, operate, or ride the Vehicle outside of permitted service areas or in no-ride zones, and must not transport the Vehicle in any manner that has not been authorized by Canrover.

1.7 Compliance with Laws

The Rider must comply with all laws governing the use and operation of the Vehicle, including those related to parking, charging, and helmet usage, as well as any local regulations or rules in the area of operation. The Rider must also behave courteously toward others while using the service.

1.8 Prohibited Acts

The following actions are strictly prohibited:

  • Carrying items that could alter balance or impede safe operation, such as briefcases, backpacks, or large bags. If these are used, it’s done at the Rider’s own risk.
  • Placing objects on the Vehicle’s handlebars.
  • Using a phone or other device while riding, unless for navigation purposes through a provided phone holder.
  • Operating the Vehicle under the influence of alcohol, drugs, medication, or any substance that impairs the Rider’s ability to safely operate the Vehicle.
  • Carrying a second person or child on the Vehicle.
  • Adding unauthorized locks or locking the Vehicle incorrectly.
  • Parking the Vehicle in prohibited or unsafe areas, such as on private property or in spaces that block walkways. The Vehicle must be parked in a visible, upright position, using the kickstand.

1.9 Intended Use of Vehicle

The Rider agrees not to use the Vehicle for racing, stunts, or any trick riding. The Vehicle must not be used on unpaved roads, through water, or in any areas where it is illegal or disruptive.

The Rider also agrees not to use the Vehicle for hire or in any way that violates laws or regulations.

1.10 Weight and Cargo Limits

The Rider must not exceed the Vehicle’s maximum weight limit, including any cargo.

1.11 No Tampering; No Unauthorized Use.

You must not tamper with, attempt to gain unauthorized access to, or use the Services in any way that is not in accordance with this Agreement.

1.12 Reporting of Damage or Accidents; Traffic Violations and Enforcement.

If you are involved in an accident, crash, or damage, or if you notice any personal injury, traffic violation, or a lost or stolen Vehicle or related equipment, you must report it to Canrover as soon as possible. In the event of an accident involving personal injury, property damage, or a stolen Vehicle, you must file a report with the local police department within 24 hours. You agree to be fully responsible and liable for any claims, consequences, losses, liabilities, damages, injuries, costs, penalties, attorney fees, or other disbursements related to the stolen or lost Vehicle or equipment.

Please note that your homeowner’s, renter’s, or automobile insurance policies may not cover accidents involving the use of a Vehicle. You should contact your insurance provider to confirm whether such coverage is included. If you have insurance that would cover such claims, it will be primary, and you agree it will be non-contributory. Traffic violations, citations, fines, or impound charges are your responsibility, including fines resulting from improper or unauthorized parking at the end of the rental period.

Canrover may cooperate with law enforcement to provide necessary information as required.

1.13 Rider Responsibility for Vehicle Use and Damage.

You agree to return the Vehicle and any related equipment provided by Canrover in the same condition as it was rented. Canrover reserves the right to charge you for any damage caused to the Vehicle or related equipment during your rental period, including vandalism, water damage, or theft, up to the full value of the Vehicle or equipment plus processing fees.

You will not be charged for normal wear and tear incurred during the regular use of the Vehicle.

1.14 Electric Vehicle.

The Vehicle is electric and requires periodic charging to operate. As a Rider, you agree to operate the Vehicle with care and awareness of its electric nature. You understand and agree to the following:

  • The charge level of the Vehicle will decrease with use over time and distance, potentially affecting speed and operational capabilities.
  • The initial charge when starting your rental is not guaranteed to be at a certain level and will vary with each use.
  • The rate of charge depletion varies depending on factors such as road conditions, weather, and other circumstances.
  • It is your responsibility to check the charge level before beginning your ride to ensure it is adequate
  • The duration or distance you can travel before the Vehicle runs out of charge is never guaranteed, and the Vehicle may stop functioning before reaching your desired destination.

1.15 No Charging of Vehicle.

If the Vehicle runs out of charge during your ride, you are responsible for concluding the rental in accordance with all terms of this Agreement.

You agree to be fully responsible for any damage, losses, or liabilities arising from any attempt to charge the Vehicle. By attempting to charge the Vehicle, you assume all risks associated with it, and Canrover and its affiliates are not liable for any injury, damage, or cost resulting from your charging activities.

1.16 Mobile Device Requirements and Active Internet Connection.

To activate and use Canrover’s services, you must use a compatible mobile device that meets the technical requirements for the app. You are responsible for the availability and cost of your mobile data service. An active internet connection is required to unlock, rent, and end the rental of a Vehicle. If you cannot access the app due to network failure, device malfunction, or battery depletion, you are still responsible for any rental fees until you end the ride.

1.17 Group Rides.

Canrover may allow you to activate multiple Vehicles under a single account for group rides.

As the “Host,” you are jointly responsible for all aspects of the rental agreement, including payment for all rides, compliance with the terms by all riders, and any damages or injuries caused by the group.

(a) Host Obligations:

The Host is responsible for ensuring all guests agree to this Agreement, are at least 18 years old, and understand their responsibilities. The Host will pay for all rides under their account and will be liable for any damages caused by themselves or their guests. The Host must ensure proper parking of all Vehicles, and any parking violations or related fees may be passed onto the Host.

(b) Guest Obligations:

Guests must enter their email address in the app and agree to the terms of this Agreement before riding a Vehicle.

2. PAYMENT AND FEES.

2.1 Fees. Rider may use the Vehicle in accordance with the pricing provided in the Canrover App, which may include a start fee, distance- or time-based fees (with time rounded up to the nearest minute), and/or a minimum fee. Pricing is subject to change. Fees may include applicable taxes and local government charges. In cases where Canrover pays a municipality an annual or daily fee to operate the service, these costs may be passed on to the Rider, with the amount of any such fee communicated to the Rider. Charges will be processed through the Rider’s selected payment method (credit card, debit card, or other methods) as detailed in this Agreement and the App.

Rider acknowledges that Canrover may be required, under municipal or legal regulations, to assess certain fines or fees due to Rider’s actions, such as violations of local rules or laws.

Canrover may charge the Rider for such fines or fees, plus an administrative charge. If Canrover uses a third-party agency to handle fines, damages, or violations, the Rider agrees to pay all associated costs, including collection fees, legal fees, and administrative costs, upon request.

2.2 Referral and Promotional Codes. Canrover may create referral or promotional codes (“Promo Codes”) to offer discounts or credits on Services. Promo Codes are subject to terms that Canrover establishes. Promo Codes: (1) must be used for their intended purpose and audience, ii) cannot be sold or transferred, unless authorized by Canrover, (iii) may be disabled at any time without notice, (iv) cannot be redeemed for cash, (v) may have value or quantity limits, and (vi) may expire before use. Canrover reserves the right to revoke credits or benefits if Promo Codes are used incorrectly, fraudulently, or in violation of this Agreement.

2.3 Maximum Rental Time and Charges. Rider agrees to end the Vehicle rental within 24 hours of initiating the rental. If the Vehicle is not returned or ended properly, additional charges will apply based on the accumulated rental time. The rental time starts when the Vehicle is unlocked via the App and ends when the Rider receives confirmation that the ride has concluded. If the ride is not ended correctly, charges may continue until properly terminated. If technical issues prevent the end of the ride, the Rider must report it through the App immediately. Failure to report may result in continued charges.

If a Vehicle is not returned within 48 hours, it will be considered lost or stolen, and the Rider may be charged for its full value, plus any administrative fees. Canrover may also charge extra service fees for rentals lasting longer than 24 hours if the Vehicle is not lost or stolen.

2.4 Valid Payment Method. To use Canrover’s Services, the Rider must provide a valid payment method (credit, debit, prepaid card, or other) upon registration. By providing payment details, the Rider authorizes Canrover to charge for rides and any applicable fees, including taxes and regulatory charges. If the Rider’s payment method expires or is invalid, Canrover may continue billing and attempt to process payment using the available methods. The Rider is responsible for all costs, including collection fees, legal fees, and other expenses if payments are not collected.

Riders disputing charges must contact Canrover within 10 business days of the disputed charge, providing necessary information such as ride dates and times. The Rider agrees to inform Canrover of any changes to their payment method. For automatic or recurring payments, Canrover will continue charging the Rider until they cancel or their account is terminated. To cancel, the Rider must follow instructions in the App.

2.5 Pick Up Fees. If You are unable to return a Vehicle to a valid area (i.e. You deactivate the Vehicle on private property, a locked community, or another unreachable area, and request that the Vehicle be picked up by Operator staff, Operator, at its sole discretion, may charge You a pick-up fee. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge to recover the Vehicle. Fees are subject to change.

3. ADDITIONAL TERMS OF USE.

3.1 Safety Check. Prior to each use of a Vehicle, Rider agrees to conduct a thorough safety check to ensure that the Vehicle is in good operating condition. This safety check must include: i) checking the trueness and condition of the wheels; ii) testing the throttle, brakes, and lights to ensure proper functionality; (iii) inspecting the frame for any damage or structural integrity issues; (iv) confirming that the Vehicle’s battery has sufficient charge to complete the intended trip; and (v) looking for any visible signs of wear, damage, or other mechanical issues that could affect safety. If any concerns are identified during this check, Rider agrees not to use the Vehicle and to immediately contact Canrover customer support to report the issue. Rider further agrees not to operate a Vehicle if it appears unsafe or requires maintenance.

3.2 Lost or Stolen Vehicle. A Vehicle or any related equipment (such as chargers or helmets) may be deemed lost or stolen under certain circumstances. These conditions include, but are not limited to: (a) failure to return the Vehicle or equipment within 24 consecutive hours from the end of the rental period; (b) disabling or tampering with the Vehicle’s GPS system; (c) leaving the Vehicle in an unauthorized area, including private property, locked areas, or non-public spaces, for more than ten minutes after the rental period ends; (d) if the Vehicle is moved more than thirty feet after the rental ends and it is unclear whether another Rider or an authorized third party was responsible for the movement; or (e) any other reasonable circumstances suggesting that the Vehicle or equipment is lost or stolen. Canrover reserves the right to hold the last Rider responsible for a lost or stolen Vehicle unless evidence suggests otherwise. In cases of suspected loss or theft, Canrover has the right to pursue restitution or other appropriate measures, including filing a police report with local authorities. Rider agrees to report any disappearance, theft, or damage to Canrover as soon as possible.

3.3 Helmets; Safety. Rider is required to comply with all local helmet laws and regulations applicable to their jurisdiction. While Canrover strongly recommends that all Riders wear a helmet, the use of a helmet is ultimately the Rider’s responsibility. Canrover encourages Riders to wear a helmet that meets safety standards, such as those certified by Snell, CPSC, ANSI, or ASTM, or that complies with Federal Motor Vehicle Safety Standard. The helmet should be properly sized, fitted, and fastened according to the manufacturer’s instructions to ensure safety. Canrover and its affiliates, employees, and contractors do not guarantee or assume responsibility for the safety of any helmet or protective gear used by the Rider. Rider acknowledges and agrees that they assume all risks associated with not wearing a helmet or using other protective gear, and that Canrover, its affiliates, and other Released Persons (as defined below in Section 15) will not be held liable for any injury or harm suffered by the Rider as a result of not wearing a helmet.

3.4 Vehicle Routes. Rider understands that Canrover does not control or provide designated riding routes or pathways. The availability of safe areas for riding is subject to the condition of public roads, sidewalks, vehicle lanes, and other areas that may be subject to hazards such as inclement weather, traffic, road construction, or other unforeseen dangers. Rider acknowledges that Canrover does not guarantee the safety of any specific route or location and that it is the Rider’s responsibility to assess the safety of the environment before using a Vehicle. Rider agrees to use the Vehicle in accordance with all local traffic laws, including rules governing the use of bicycles and electric vehicles on public streets and sidewalks.

3.5 Limitations on Vehicle Rental. Rider acknowledges and agrees that Canrover is not a common carrier and that the Vehicles provided by Canrover are not intended to replace traditional public or private transportation methods. Canrover’s Vehicles are offered as a convenience and should only be used by individuals who are capable of safely operating them. Rider agrees to comply with all terms and conditions of this Agreement and to be responsible for their own actions while using the Vehicle. Canrover does not guarantee the availability of Vehicles at all times and makes no representations regarding the safety, reliability, or suitability of the Vehicles for all Riders. Rider is solely responsible for ensuring they are qualified to operate the Vehicle and that their use of the Vehicle is safe and appropriate given the surrounding environment and conditions.

4. Termination. Canrover reserves the right to terminate Rider’s access to the Services at any time, without prior notice or cause, at its sole discretion. If Rider’s access to the Services is terminated, Rider agrees that Canrover is not obligated to provide a refund for any unused portion of the rental period. Canrover may also charge Rider any additional fees incurred during the rental period, including, but not limited to, charges for damage, lost equipment, or failure to return the Vehicle on time. This Agreement will remain in effect after the termination of Rider’s access to the Services, and all obligations and liabilities of Rider and Canrover that have accrued before termination will continue. Rider may terminate their use of the Services at any time, but termination will not entitle them to a refund, and all charges and fees incurred prior to termination will remain payable.

5. Confidentiality of Information; Privacy Policies. Rider agrees that all personal information provided to Canrover, including but not limited to name, contact information, payment information, and any other personally identifiable information, will be collected, used, and stored in accordance with Canrover’s Privacy Policy. Rider acknowledges and agrees that by using the Services, they consent to the collection and use of their personal information as described in Canrover’s Privacy Policy. Canrover is committed to protecting Rider’s privacy and will take appropriate steps to safeguard personal information in accordance with applicable privacy laws.

6. License to Image and Likeness. Rider hereby grants Canrover and its affiliates, successors, and assigns the irrevocable right and permission to use any and all photographs, video footage, or audio recordings taken of the Rider during the use of Canrover’s services, including the Rider’s appearance and voice. This consent applies to all media formats now known or later developed, throughout the world, and in perpetuity. Rider acknowledges that Canrover may use such images, videos, and recordings for promotional, advertising, commercial, or publicity purposes, without any further compensation or permission. Rider further agrees that Canrover owns all rights, title, and interest in such images, videos, and recordings, including all copyrights, and waives any rights or claims they may have to these materials. This includes any potential claims for invasion of privacy, defamation, or violation of any other rights in connection with the use of these images or recordings.

7. Notice. Canrover may be contacted by emailing info@canrover.com

8. Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Province of Manitoba, excluding principles of conflicts of laws. For any dispute related to this Agreement: (i) the prevailing party is entitled to recover its costs, expenses, and reasonable legal fees (whether incurred at trial, on appeal, or otherwise) associated with resolving or settling the dispute, in addition to any other damages or awards that the party may be entitled to; (ii) each party consents to the jurisdiction of the courts of the Province of Manitoba and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Winnipeg, Manitoba. The interpretation and enforcement of paragraph 9, including Sections 9.1 to 9.7, shall be governed by the laws of Canada, with respect to the interpretation and enforcement of all provisions of this Agreement related to arbitration.

9. 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.

    9.1 Initial Dispute Resolution. Rider Support is available through the App to address any concerns you may have regarding your use of a Vehicle and/ or this Agreement. The parties agree to make reasonable efforts through this support process to resolve any disputes, claims, questions, or disagreements and engage in good faith negotiations before proceeding to mediation, arbitration, or litigation.

    9.2 Binding Arbitration

    If the parties cannot reach a resolution through the support process, either party may initiate binding arbitration as the sole method of resolving disputes. This applies to all claims related to the use and rental of a Vehicle, this Agreement, and the relationship between the parties.

    The laws of the Province of Manitoba, Canada will govern the underlying dispute, while arbitration will be governed by the applicable rules of the mutually agreed-upon arbitration service. The arbitration will be administered by a recognized arbitration service, such as JAMS or an alternative mutually agreed upon service, under its applicable rules, excluding those related to class actions.

    Arbitration procedures will include, but are not limited to, the following:

    • Each party may take one deposition of the opposing party or one individual under the opposing party’s control. Additional depositions may be allowed only if agreed to by both parties.
    • Written discovery requests will be limited to 15 interrogatories and 15 requests for production per side, unless the parties agree to more.
    • The arbitration proceedings will remain confidential, and any award will be kept private unless required for legal proceedings or enforcement.

    The arbitrator will have exclusive authority to resolve any disputes regarding the interpretation, applicability, or enforceability of this Agreement, including whether any part of this Agreement is void or unenforceable. The arbitrator’s decision will be final and binding, and may be entered as a judgment in a court of competent jurisdiction.
    In any dispute under this Agreement, the prevailing party is entitled to recover reasonable legal fees, costs, and expenses incurred in resolving or settling the dispute, in addition to any other damages or awards to which they may be entitled. If one party fails to comply with the arbitration terms, they agree to pay any reasonable legal fees and costs associated with enforcing this section, including motions to compel arbitration.
    Should the cost of arbitration exceed that of filing a lawsuit, Canrover will cover the additional fees. The parties understand that arbitration may involve higher costs than traditional litigation, and the discovery process may be more limited.

    9.3 Location. The arbitration will take place in Manitoba, Canada, or at another mutually agreed-upon location.

    9.4 Class Action Waiver. The parties agree that arbitration will be conducted on an individual basis only and not as part of a class or representative action. Both parties expressly waive the right to file or participate in any class action or seek relief on a class basis. YOU AND CANROVER 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.

    9.5 Litigation of Intellectual Property and Small Claims Court Claims.

    Despite the agreement to resolve disputes through arbitration, either party may pursue legal action in court to protect intellectual property rights (including patents, copyrights, trademarks, and trade secrets). Both parties may also seek resolution in small claims court for disputes within its jurisdiction.

    9.6 Right to Opt Out.

    You have the right to opt out of the arbitration and class action waiver provisions by providing written notice of your decision. This must be sent to Canrover at a specified Email address within 30 days of your first use of the service. Failure to opt out within this timeframe means you agree to be bound by the arbitration terms. Opting out will not affect the enforceability of any arbitration provisions in previous agreements that you did not opt out of. If you choose to opt out, Canrover will not be bound by these arbitration provisions either.

    9.7 Third Party Beneficiary – Municipalities / Entities Requiring Permit.

    Any municipality, government, or entity that authorizes Canrover’s services through a permit or legal agreement is considered a third-party beneficiary of the Arbitration and Class Action Waiver provisions in this Agreement.

    9.8 Third Party Beneficiary – Manufacturer/Distributor.

    Any manufacturer, supplier, or distributor of vehicles used by Canrover or its affiliates in connection with the service is also considered a third-party beneficiary of the Arbitration and Class Action Waiver provisions in this Agreement.

    9.9 Changes to this Section.

    Canrover will provide written notice of any changes to this arbitration section. Changes will only apply to dispute arising after the notice period and will not be retroactive.

    For disputes not subject to arbitration, both you and Canrover agree to submit to the jurisdiction of courts located in Manitoba, Canada. You agree to accept service of legal process by mail and waive any jurisdictional or venue defenses otherwise available.

    10. Waiver and Severability.

    A waiver of any breach of this Agreement does not constitute a waiver of any other breach or provision. All provisions of this Agreement are independent and separable. If any provision is deemed invalid or unenforceable, the remaining provisions will still be valid and enforceable.

    11. Cumulative Remedies.

    All rights and remedies outlined in this Agreement are cumulative and non-exclusive. Resorting to one remedy does not preclude the availability of other remedies or rights provided by law.

    12. Final Agreement; Modification by Canrover.

    This Agreement represents the complete, final, and exclusive agreement between the parties with respect to its subject matter. It supersedes all prior agreements, whether written or oral, regarding the same subject matter. With the exception of Section 9 (arbitration and class action waiver), Canrover reserves the right to modify or replace this Agreement at any time, at its sole discretion. The most current version of this Agreement will be posted on Canrover’s website. It is your responsibility to review and stay informed of any such modifications. If Canrover, in its sole discretion, deems a modification to be material, you will be notified via the email address associated with your account or through the app. Your continued use of the services following any modification constitutes your acceptance of the updated Agreement. The pricing terms posted on Canrover’s website or app will override any pricing mentioned in this Agreement.

    13. Contract Interpretation.

    Headings in this Agreement are for reference purposes only and do not affect its interpretation. The word “or” is inclusive, not exclusive. “Including” means “including, but not limited to.” Words in the singular form shall include the plural, and words in the plural form shall include the singular, unless the context requires otherwise. All pronouns include masculine, feminine, and gender-neutral forms.

    14. Voluntary Execution of this Agreement.

    This Agreement has been entered into voluntarily and without any undue influence or coercion by Canrover. By agreeing to this document, the Rider acknowledges that:

    1. they have read this Agreement in full;
    2. they understand the terms and consequences of this Agreement, including the releases it contains; and
    3. they are fully aware of the legal and binding effect of this Agreement.

    15. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.

    In exchange for being permitted to use Canrover’s services, vehicles, equipment, and related information, the Rider agrees to fully release, indemnify, and hold harmless Canrover, its technology service providers, and all associated parties, including owners, managers, employees, contractors, fleet management providers, officers, directors, shareholders, agents, affiliates, representatives, successors, assigns, and any municipalities (including elected and appointed officials, employees, contractors, and volunteers) where the Rider uses the service, as well as any property owners or operators with whom Canrover has partnered for service operations. These entities, referred to collectively as the “Released Persons,” are protected from liability for all “Claims” arising from or related to the Rider’s use of the services, vehicles, app, or related equipment, including but not limited to claims based on alleged negligence, breach of contract, or breach of express or implied warranties, except for claims based on the gross negligence or willful misconduct of the released persons. The intention of this release is to provide a comprehensive discharge of all claims. However, the Rider’s obligation to indemnify does not extend to any claims, litigation, or settlements solely arising from Canrover’s gross negligence or willful misconduct.

    “Claims” encompass all claims, injuries, demands, liabilities, disputes, legal actions (whether statutory, contractual, or tort-based), proceedings, debts, liens, fines, penalties, contracts, expenses (including attorney’s fees), damages (whether for personal injury, wrongful death, property damage, injury to third parties, or any other kind of damages, including consequential, compensatory, or punitive), or losses that arise from or are related to:

    1. Canrover’s services, vehicles, equipment, app, or related information, or
    2. the Rider’s use of any of these services or items.

    To the maximum extent permitted by law, Canrover and the Released Persons disclaim all express or implied warranties, including implied warranties of merchantability and fitness for a particular purpose. The services, vehicles, app, and related equipment are provided “as is” and “as available,” and the Rider uses them at their own risk.

    The Rider acknowledges that using Canrover’s services, vehicles, app, and related equipment carries inherent and unpredictable risks, dangers, and hazards that may result in injury or death to the Rider or others, as well as property damage. These risks include but are not limited to:

    • Traffic and other vehicles;
    • Pedestrians;
    • Vehicle or equipment malfunction;
    • Road conditions, such as cracks, potholes, or other defects;
    • Weather conditions;
    • Automated reductions in vehicle speed in designated “no-ride” or “low-speed” zones as mandated by local authorities or requested by local businesses;
    • Failure to comply with applicable laws or the prohibited acts in Sections 1.7 and 1.8;
    • Failure to perform a safety check as per Section 3.1;
    • Failure to wear a helmet where required by law;
    • Negligence by Canrover, other Released Persons, the Rider, or third parties.
      The Rider is solely responsible for safely operating the vehicle at all times. The Rider acknowledges that vehicles are machines that may malfunction even if properly maintained, which could result in injury. The Rider also acknowledges that roadways, bike paths, and sidewalks may have hazardous conditions, such as cracks or potholes. The Rider assumes full responsibility for all associated risks, dangers, and hazards.
      To the fullest extent permitted by law, this release and hold harmless agreement applies to any and all claims related to or arising from the sole or partial negligence of Canrover, the Released Persons, municipalities, or other parties. The Rider expressly waives any claims against these parties, including those unknown at the time of using the services, and waives any rights under statutes that aim to preserve such unknown claims.

    16. INDEMNIFICATION/WAIVER FOR CITY CLAIMS

    RIDER ACKNOWLEDGES THE USE OF VEHICLES ON CITY STREETS INCREASES RISK OF HARM DUE TO PAVEMENT DEFECTS OR OTHER ROAD HAZARDS. RIDER EXPRESSLY WAIVES ALL CLAIMS AGAINST CITY FOR HARM CAUSED BY CITY NEGLIGENCE OR DANGEROUS CONDITIONS ON PUBLIC PROPERTY.

    Certain cities require, as a condition of its operating permit, license, or contract, that Operator indemnify those municipal entities for claims that arise from the Service, and/ or to name that municipal entity as an additional insured under Operator’s insurance policies.

    Notwithstanding any possible claims against such municipal entities related to the Service, Rider assumes the risk of operating Vehicles on potentially hazardous city streets and agrees to release and hold harmless municipal entities for any claims that arise from Rider’s use of the Service.

    To the fullest extent permitted by law, Rider agrees to indemnify and defend Operator, Technology Services Provider and all of its and their owners, managers, affiliates, employees, contractors, fleet management service providers, officers, directors, shareholders, agents, representatives, successors, assigns (collectively, the “Indemnified Parties”) against any such claims, litigation, and settlement, including any litigation costs or attorneys’ fees, which may instituted by or on behalf of Rider, or by any person or entity in connection with Rider’s use of the Service, Vehicles, App, or related equipment, against municipal entities where such claim, litigation, or settlement is subject to Operator’s indemnification obligations or insurance policies as described in the preceding paragraph.

    Addendum for Personal Rental Program

    The following terms apply with respect to the rental of Vehicles under the Personal Rental Program (“Personal Rentals”). With respect to Personal Rentals, the terms of this Addendum shall take priority over any inconsistent or contradictory terms in the Agreement. All other terms of the Agreement shall apply.

    General. Under the Personal Rentals program, Operator may rent a Vehicle to You for Your personal use on an extended basis, such as on a weekly or monthly basis. Except as specified in this Addendum, You are responsible for the rented Vehicle during the entire Personal Rentals period, including safeguarding the Vehicle at all times, storing the Vehicle securely overnight and when not in use, and ensuring the Vehicle has adequate charge for Your use. As a Personal Rental, the Vehicle shall not be available for rent by other Riders. In addition, you may not use the Vehicle for commercial purposes without Operator’s consent.

    Availability. The Personal Rentals program may only be available in select markets and for select time periods, in Operator’s discretion. Operator may suspend or terminate the program at any time.

    Delivery & Pick-Up. The rented Vehicle will be delivered at a permissible designated location on an available delivery date that You request, subject to availability and weather conditions. For Vehicle pick-up, You must place the Vehicle at a permissible designated Location during available pick-up dates in accordance with instructions provided to you upon return of the Vehicle, 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 Vehicle at the scheduled date and time and in the same condition it was delivered to you (ordinary wear and tear excepted), and for any failure to return all other equipment provided to you.

    Damage to Vehicles. In addition to Your potential responsibility for damage to Vehicles and related equipment provided or made available by Operator in accordance with 1.13: You should report any damage, malfunction or other functional impairment of the Vehicle through the App. Operator will review the information you provide and may request additional information. After review, Operator may, in its discretion, offer to swap the Vehicle for another Vehicle or request return of the Vehicle, in which case it will schedule an appropriate drop-off & delivery time with You.

    Charging the Vehicle. Notwithstanding Section 1.15, you are responsible for charging the Vehicle using a charging cord approved by Operator to ensure the Vehicle has adequate battery capacity for your intended use.

    Do not charge the vehicle when wet. If the vehicle becomes submerged in water or there is any risk of water intrusion into the battery, do not ride or charge the vehicle – report to Operator immediately.

    The following provision of Section 1.15 remains in effect:

    Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to Rider charging or attempting to charge the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that Operator and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.

    Fees. Fees for Personal Rentals shall be as specified in the App and are non-refundable. Fees will be charged beginning on the date the Vehicle is delivered. Fees may continue on a recurring basis until cancelled or otherwise terminated.

    Maximum Rental Time. Section 2.3 of the Agreement shall not apply to Personal Rentals.

      Lost or Stolen Vehicle. Section 3.2 is hereby replaced with this paragraph. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned upon the expiration of the Personal Rentals term; or (b) Operator otherwise has reasonable basis to believe the Vehicle may be lost or stolen. If Operator deems a Vehicle lost or stolen, Operator shall have the authority to take any and all actions it deems appropriate, including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees to report Vehicle disappearance or theft to Operator immediately or as soon as possible.

      RIDER ACCEPTANCE OF AGREEMENT

      I certify that I have read and fully agree to the terms outlined in Section 15 (Releases; Disclaimers; Assumption of Risk). I acknowledge that this section limits my legal rights and remedies, and I accept full responsibility. I affirm that I am familiar with how to operate the Vehicle and that I am physically fit and competent to ride it.

      I further certify that I am the Rider, I am at least 18 years old, I will wear a helmet where required by law, I will not ride the Vehicle with a passenger, I will obey all traffic laws, and I accept that I ride at my own risk. I have read and fully agree to the terms and conditions set forth in this Agreement.

      I also understand and acknowledge that my homeowner’s, renter’s, or auto insurance policies may not cover accidents involving the use of this Vehicle. I recognize that I can verify my coverage by contacting my insurance provider or agent.