Last Updated: March 1, 2025
THIS IS A LEGALLY BINDING AGREEMENT. RIDER SHOULD READ ALL TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE ACCEPTING THIS AGREEMENT OR USING THE SYSTEM.
1. PURPOSE OF AGREEMENT
This document (this “Agreement”) constitutes the agreement between Connell Cycling LLC, a New Jersey limited liability company (“Company”), and the individual (“Rider”) agreeing to be bound by the terms of this Agreement and regarding the use of bicycles made available by Company (the “Bikes” and each, a “Bike”) in accordance with the terms hereof. Company is providing the System and the Bikes as a courtesy, and such availability is intended by Company only for those persons who have agreed to all terms and conditions of this Agreement. In consideration of making use of the Bike and the System available to Rider, Company requires that Rider agree to all terms and conditions in this Agreement. Use of the System or any Bike by Rider shall be deemed an acceptance by Rider of the terms of this Agreement.
2. CERTAIN DEFINITIONS.
As used in this Agreement, the following capitalized terms shall have the following meanings:
“Bike” shall have the meaning set forth in Section 1 of this Agreement, and shall include the locking system attached thereto.
“Claims” shall mean claims, suits, proceedings, actions, causes of action, liabilities, disputes, obligations, debts, liens, charges, expenses, damages, demands, losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), injuries, costs (including court and litigation costs), attorney’s fees, penalties, fines, legal actions of any kind, judgments, or expenditures of any type or nature whatsoever. Claims shall include any of the foregoing and based on any theory, including, without limitation, statutory, contract, common law, negligence or other tort theories, including strict liability.
“Company” shall have the meaning set forth in Section 1 of this Agreement.
“Mobile Application” shall mean the Park Bike mobile application, or other mobile application, made available by Company, or one of its affiliates (including TheParkatNJ LLC), in connection with this Agreement to allow for the use of the Bikes.
“Released Persons” shall have the meaning set forth in Section 4 of this Agreement.
“Rider” shall have the meaning set forth in Section 1 of this Agreement.
“Stations” shall mean the bicycle racks located within The Park which are designated as the locations where the Bikes are to be stored and locked.
“System” shall mean the Mobile Application, and the services under this Agreement which are composed of several elements, including the Bikes, the Stations, and all related equipment and information.
“The Park” shall mean the area known as The Park which is located on or about Connell Drive in Berkeley Heights, New Jersey.
3. GENERAL RULES & RESTRICTIONS FOR BIKES AND SYSTEM
3.1. Age Restriction. Rider must be an individual who is 18 years of age or older. Rider certifies and agrees that Rider meets this requirement. If Rider falsifies or misrepresents, unintentionally or intentionally, Rider’s age, then Rider and Rider’s legal guardian accept full responsibility for any and all Claims related to such misrepresentations.
3.2. No Rental Charge for Use of Bike; Certain Penalties. Rider is being provided access to the Bike (as provided in this Agreement) by Company as a courtesy to Rider, and Rider is not being charged a rental fee for the use of the Bike. However, Rider shall be responsible for certain amounts as set forth in this Agreement in the event Rider violates the terms of this Agreement or as otherwise set forth in this Agreement.
3.3. Use of Bike Solely within The Park. Use and operation of the Bike is strictly limited to areas within The Park. Rider is prohibited from using, operating or taking the Bike to any location which is outside of The Park. Rider shall only use the Bike on paved roads and parking lots within The Park and, without limitation, shall not be permitted to use the Bike on the “Trail” around The Park, or in any other area which is designated as not for use of bicycles.
3.4. Times of Use; Securing Bike at All Times; Return of Bike on Same Day; Stations. Use and operation of the Bike is strictly limited to the hours between dawn and dusk on a given day. Rider agrees to maintain the Bike in a secure manner at all times. The Bike must be returned to or stored at a Station, using the locking mechanism attached to the Bike. Rider shall not use any locking mechanism other than the locking mechanism which is attached to the Bike. Rider must return the Bike to a Station as provided above on the same day as Rider gained access to such Bike through the System. Rider agrees to return the Bike as provided above in the same condition as when the Bike was received by Rider.
3.5. Helmet Warning. Failing to wear a helmet while using the Bike could result in serious bodily injury or death in the event of an accident or collision. As a preventive measure, it is strongly recommended that Rider use a properly sized, fitted, fastened, and safety-certified helmet according to the manufacturer’s instructions at all times when operating the Bike. Proper use of a helmet may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. It is Rider’s sole responsibility to utilize a helmet, and Company is not furnishing a helmet to Rider. Company does not represent or warrant the quality or safety characteristics of any helmet. Rider agrees that, when using a Bike, Rider may need to take additional safety measures and precautions that are not specifically addressed in this Agreement.
3.6. Bike Inspection Prior to Operation. Rider agrees that the Bike is a machine that may malfunction, even if it is properly maintained, and that such malfunction may cause injury. Rider agrees that, prior to operating the Bike, Rider shall:
(a) carefully inspect the Bike that Rider wishes to ride;
(b) test the Bike’s operating components including but not limited to the following: the chain, brakes, pedals, tires, frame and seat; (This is not intended to be an extensive or exhaustive list.)
(c) adjust seat height to fit Rider’s body frame; and
(d) if there appears to be any issues with the Bike, not ride the Bike, and will notify Company through the Mobile Application of any observed mechanical or other problem or safety issue.
3.7. Requirement to Discontinue Use. Rider agrees that, if the Bike, or any component of the Bike, should become defective or malfunction during any use or operation of the Bike, or if Rider determines at any time that the Bike is not operating properly, Rider shall:
(a) discontinue use of the Bike immediately and return it to a Station as provided in this Agreement, and
(b) notify Company through the Mobile Application of such defect or malfunction.
3.8. Experience with Bicycle Operation. Rider represents and certifies that Rider is experienced and familiar with the safe and competent operation of a bicycle, and further, that Rider is physically and mentally fit to ride the Bike safely. Like any physical activity, riding a Bike may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. If Rider has any existing physical or mental condition that would prohibit Rider from safely operating the Bike, Rider is prohibited from riding the Bike.
3.9. Adverse Weather Conditions. Rider agrees that Rider will not ride, operate or use a Bike in any manner during adverse weather conditions, including but not limited to the following: tornados, snow, hail, hurricanes, fog, heavy rains, heavy winds, or lightning storms. Rider agrees to adjust Rider’s riding behavior and braking distance to suit the weather conditions.
3.10. No Operation of Bike While Impaired. Rider agrees that Rider shall not ride or attempt to operate a Bike if Rider is under the influence of drugs, alcohol, medication, or other substance that may impair Rider’s ability to safely operate a Bike.
3.11. Compliance with All Applicable Laws. Rider agrees to comply with all applicable local, state, and county rules, regulations, codes, and laws that relate to the safe operation of a bicycle.
3.12. Restrictions on Use of Bike. Rider agrees to the following:
· not to use the Bike for racing, tricks, jumping, or stunt riding, and shall use the Bike in a safe and controlled manner;
· not to use the Bike for any commercial or hire purposes;
· not to ride the Bike through puddles or water, or any uses/places prohibited by law;
· not to tow, pull, carry, or push any person or object with the Bike as such can create an unsafe condition;
· not to place objects in the handlebars of a Bike;
· not use any cell phone, mobile device, text messaging device, portable music player, personal electronic device, or other electronic, personal, or handheld device or other device which may distract Rider from the safe operation of the Bike or Rider’s visual environment or which is otherwise prohibited by any applicable law, rule or regulation.
3.13. No Additional Riders. Rider is prohibited from carrying additional riders on the Bike, and is further prohibited from allowing any third party to ride upon or use the Bike in any capacity whatsoever. Rider is prohibited from allowing any other person or animal upon any part of the Bike.
3.14. Exclusive Property. The Bike is and shall remain the exclusive property of Company at all times. Rider shall not remove or modify any accessories, parts or components of the Bike, and Rider understands that to do so shall be a criminal act.
3.15. Reporting of Accidents or Incidents. Rider must contact Company through the Mobile Application and local police immediately following the occurrence of any lost or stolen Bike; any crash, accident, loss, or personal injury that occurred during Rider’s use of a Bike resulting in bodily injury; or any other accident. In such events, a police report should be obtained and provided to Company upon request, containing the facts surrounding the incident including contact information for witnesses and anyone else involved in the accident/incident. Rider agrees that if Rider is unable to report identifying information due to a medical emergency, Company or its representative may, at its discretion, provide personal and contact information to the authorities upon their request.
3.16. Rider Liability in the Event of Theft or Loss of Bike or Damage to Bike. Rider’s use of the Bike is limited to the time periods set forth in this Agreement. Failure to return the Bike by the end of the day as provided in this Agreement (and otherwise in accordance with the processes required for returning Bikes as provided in the Mobile Application, if any) shall result in the Bike being deemed lost or stolen. If Rider leaves the Bike unlocked or unattended and it is stolen, Rider is responsible for the loss of the Bike. Rider shall be liable and responsible for any and all costs and Claims of any kind relating to a stolen, lost, or damaged Bike, including without limitation the replacement cost of the Bike. Rider is liable for any and all damages to and Claims related to the Bike resulting from improper use or abuse of the Bike, and the cost of any such damage shall be at standard labor and parts rates. With respect to any amounts Rider is responsible for pursuant to this Section, Company may charge or cause to be charged (and Rider authorizes Company to so charge or cause to be charged) the applicable amount to the credit card that Rider used in connection with the System (and Company may also invoice such amount to Rider, which shall be payable upon receipt). Rider shall be personally liable for the payment of any amounts described herein even if Rider’s credit card lacks sufficient funds to cover such amount. Rider agrees that the data generated by the System is conclusive evidence of the period and status of use of a Bike by Rider.
3.17. Privacy. Company and/or its affiliates have contracted with one or more third parties in connection with the provision of the Mobile Application and the utilization and processing of credit card information, which third parties are or may be responsible for deploying precautions intended to protect against unauthorized access to Rider’s credit card information and any other personal data of Rider input into the Mobile Application. Rider acknowledges that, notwithstanding the foregoing or any such security precautions deployed, Company does not guarantee the privacy or security of such credit card information or other personal data of Rider, or that any such security precautions will be adequate or sufficient, and to the maximum extent permitted by law neither Company nor any of the Released Persons shall have any responsibility for any breach of such privacy or failure of such security precautions.
3.18. Terms of Use of Third Parties. The Mobile Application and the System may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), pursuant to agreements between Company (or its affiliates) and operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programing interfaces or other means of interoperability made generally available by the Operators and which are subject to the terms of use of such Operators (“Third-Party Terms of Use”) which Company does not control. Rider’s use of the Mobile Application and the System is subject to the Third-Party Agreements and the Third-Party Terms of Use, as the same may be modified or amended from time to time by such Operators (and, without limiting the foregoing, Rider understands that Rider may be required to accept any such Third-Party Terms of Use in connection with Rider’s use of the Mobile Application and/or System).
3.19. No Insurance Provided. Rider acknowledges and agrees that Company does not provide insurance of any kind to Rider, including but not limited to coverage for the following: property damage, liability, personal injury, injury to others, damages, penalties, fines, Claims, and/or expenses of any kind whatsoever.
3.20. Rider Responsibility for Acts of Destruction; Recovery of Costs; Prosecution: Rider agrees that any willful or negligent act of destruction of the Bike and/or System property by Rider may result in prosecution to the fullest extent of the law; and Company shall be entitled to the recovery of all costs and Claims from Rider, including attorney’s fees and costs in a civil action.
3.21. Registration with System. Access to any Bike shall only be via the System and not through any other means. Rider shall furnish such information as is required by the System for use of the Bike. Company reserves the right, in its sole discretion, to include certain eligibility criteria that must be satisfied in order for a person to be eligible to use a Bike or the System (which criteria may be modified by Company from time to time in Company’s sole discretion).
3.22. Private Passwords, etc. Rider is responsible for preventing the unauthorized use of Rider’s personal data (including passwords) with the System by third parties. Should Rider have reason to believe that this information has been compromised or misused, Rider shall notify Company immediately through the Mobile Application.
3.23. System Blocking; System and Bike Availability. Company may suspend or terminate Rider’s right to use any Bike or the System in the event Rider breaches any terms of this Agreement. Without limiting the foregoing, Company may, in its sole discretion, block Rider’s access to the System, due to misuse, safety, security issues or other issues. The number of Bikes is limited, and Stations may not have available Bikes at all times. Rider acknowledges that, at any given time, the System may not be operational due to circumstances beyond Company’s control or for any other reason. Rider also acknowledges that the System may not be operational, and Bikes will not be available for use, on certain days and during certain months, as determined by Company in its sole discretion.
4. WAIVER AND RELEASE; ASSUMPTION OF RISK; INDEMNIFICATION
Rider (acting for Rider and for all of Rider’s heirs, executors, administrators agents, fiduciaries, representatives, successors, and assigns) does fully and forever release, waive, hold harmless, promise not to sue, and discharge, Company, each of Company’s affiliates, and each of the foregoing entities’ respective shareholders, members, officers, directors, employees, representatives, managers, servants and agents, and all such entities’ respective successors and assigns (collectively, “Released Persons”) of and from any and all Claims of any nature whatsoever which arise from, or are related to (in each case directly or indirectly), (a) this Agreement, (b) the rental, maintenance, design, manufacture, possession, use and/or operation of any Bike (including, without limitation, any activity in connection with Rider’s use, possession, or operation of any Bike); and (c) the use or operation of the System. Without limitation of the foregoing general release, Rider acknowledges and agrees that neither Company nor any Released Person is or shall be responsible or liable for (and the foregoing release, waiver, hold harmless, promise not to sue, and discharge shall apply to) any Claims that arise out of or relate to (i) any risk, danger, or hazard described in this Agreement, (ii) Rider’s inability to use any Bike or the System, (iii) Rider’s breach of the terms of this Agreement, or Rider’s violation of any law, or of good safety practices, (iv) any negligence, misconduct, or other action or inaction by Rider or by Company or any Released Person, (v) Rider’s failure to wear a bicycle helmet or other protective gear or clothing while using the Bike, or the failure of such helmet or protective gear or clothing to prevent death or injury, or (vi) any negligence, misconduct, or other action or inaction of any third party. Rider releases and waives all Claims with respect to any of the foregoing, even if Company or any of the other Released Persons has been advised of the possibility of such Claims. Notwithstanding the foregoing, the releases described in this Section shall not apply to Company’s or a Released Person’s willful misconduct or gross negligence. Company and each Released Person may plead such releases as a complete and sufficient defense to any Claim, and may do so as intended third-party beneficiaries of such releases, if appropriate.
Rider further specifically acknowledges and agrees that Rider’s use of any of the Bikes and/or the System is at Rider’s sole risk. With respect to Rider’s use of any of the Bikes, or the System, Company and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose (and, without limiting the foregoing, Company does not and shall not represent or warrant that the Bikes will be in good repair or error or defect-free). The Bikes are provided "as is" and "as available" and Rider relies on them solely at Rider’s own risk.
Rider acknowledges and agrees that delays, omissions, interruptions, defects, or inaccuracies could exist with respect to the Bikes or the System. Rider assumes full responsibility and risk of loss for using any of the Bikes or the System.
Rider agrees to indemnify, defend, and hold harmless Company and each of the Released Persons from and against any and all Claims of any nature whatsoever (including, without limitation any damage or injury to another person or property) which arise from, or are related to (in each case directly or indirectly), Rider’s (1) use or operation of any Bike or the System, or (2) breach of this Agreement.
5. MISCELLANEOUS.
5.1. Jurisdiction and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of law principles. Rider expressly agrees to submit to the exclusive jurisdiction of the New Jersey courts.
5.2. No Waiver. Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right, but the same shall remain in full force and effect. Course of conduct between the parties shall not act to modify any part of this Agreement. No waiver by Company shall be construed as a waiver of any preceding or succeeding breach of any provision in this Agreement. If Company pursues any remedy granted by the terms of this Agreement or pursuant to applicable law, it shall not be construed as a waiver or relinquishment of any other remedy afforded thereby.
5.3. Termination of Agreement; Termination or Change of Services. Company may terminate, suspend, or modify the System or the provision of the Bikes, at any time in Company’s sole discretion and without notice to Rider.
5.4. Entire Agreement. This Agreement constitutes the final and entire agreement between Company and Rider with respect to its subject matter, and supersedes all other agreements, written or oral, with respect thereto.
5.5 Changes. At any time and from time to time, and without Rider’s consent, Company shall have the unilateral right to revise, change and modify the terms and conditions contained in this Agreement without prior written notification. Rider shall be solely responsible for carefully reviewing this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Use of a Bike or the System by Rider following any amendment, modification, or change to this Agreement constitutes Rider’s acceptance of the terms and conditions as modified.
5.6 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
RIDER HAS READ, UNDERSTANDS AND EXPRESSLY AGREES TO THIS AGREEMENT AND ITS TERMS AND CONDITIONS. BY ACCEPTING THIS AGREEMENT, RIDER ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND AFFIRMATIVELY AGREES TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
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