FOLLOW US
1. PURPOSE OF AGREEMENT
This document constitutes the entire Agreement (“Agreement”) between you (the “Rider”), as the individual
agreeing to be bound by the terms of this document and to use and rental of a bike (“the Bike”) accordingly,
and Deco Bike, LLC. (“Deco”). Citibank, N.A. (“Citi”) shall be considered a third-party beneficiary of this
Agreement. For purposes of this Agreement, wherever Deco is referred to below such definition shall
include all of Deco’s members, managers, employees and investors.
2. GENERAL RULES & RESTRICTION FOR BIKE USE AND RENTAL
2.1 Age Restriction: Rider is and must be 18 years of age or older. Rider certifies and guarantees that
he/she meets this requirement. If Rider falsifies or misrepresents, unintentionally or intentionally,
Rider’s age, the Rider accepts full responsibility for any and all damages, demands, consequences,
causes of action, losses, injuries, court and litigation costs, attorney’s fees, penalties, fines, legal
actions of any kind, judgments, expenditures of any type or nature whatsoever related to such
misrepresentations, whether intentional or unintentional.
2.2 Helmet Warning: Failing to wear a helmet could result in serious bodily injury or death in the event
of an accident or collision. As a preventive measure, Deco recommends that all Riders use a
properly fitted helmet at all times when operating the Bike. It is the Rider’s sole responsibility to
utilize a helmet. Rider agrees that in consideration of the use and rental of the Bike, Deco, Citi, and
the host municipality and its agents, directors, officials, volunteers, officers, shareholders,
successors, assigns, subsidiaries, parent organizations and affiliates, shall not be liable or
responsible for any damages or injuries caused by or relating to Rider failing to wear a properly
fitted and/or fastened helmet.
2.3 Requirement to Inspect Bike Prior to Operating: Rider agrees to carefully inspect the Bike
he/she wishes to ride prior to riding the Bike, and shall, while within 15 feet of the place of rental,
test the Bike’s operating components including but not limited to: the chain, brakes, pedals, lights,
tires, frame and seat. This is not intended to be an extensive or exhaustive list. Rider agrees, prior
to operating the Bike, that he/she will notify Deco if there appear to be any issues with the Bike
and if Rider rides any Bike that Rider that later determines is not operating properly, Rider will
immediately stop riding the Bike, return the Bike and notify Deco. Rider should adjust seat height
to fit their body frame prior to operating the Bike.
2.4 Requirement to Discontinue Use: Rider expressly agrees that he/she shall discontinue use of
the Bike immediately and return it to a Program Station if it, or any component of it, should become
defective or malfunction while riding the Bike and during any use or operation of the Bike and Rider
shall notify Deco customer service. Deco may, at its sole discretion, issue another Bike to Rider,
pick up the Bike at issue, or provide any other related services.
2.5 Rider Experienced with Bicycle Operation: Rider asserts, represents and certifies that he/she is
experienced and familiar with the safe and competent operation of a bicycle, and further, that
he/she is physically and mentally fit to ride the Bike. Rider is solely responsible for any injury or
damages resulting from improper or unsafe operation of the Bike. If rider has any existing physical
or mental condition that would prohibit Rider from safely operating the Bike, he/she is prohibited
from riding the Bike.
2.6 Rider Restricted from riding or operating the Bike in adverse weather conditions: Rider shall
assess weather conditions prior to use of the Bike and expressly agrees that he/she will not ride,
operate or use a bike in any manner during adverse weather conditions, including but not limited
to: tornados, hurricanes, fog, heavy rains, flooding, high wind conditions, or lightning storms.
2.7 Rider Restricted from using or operating a Bike while Impaired: Rider expressly agrees that
he/she shall not ride or attempt to operate a Bike if he/she is under the influence of drugs or alcohol
and/or impaired with an alcohol level above what is legally permissible under state or local laws.
Rider assumes all risks and liabilities resulting from any and all use or attempted use of a Bike
while impaired. Operating a Bike while impaired or under the influence can cause death or serious
bodily injury as well as endangering the safety of others. Rider consents to submit to a blood alcohol
test in the event of accident or injury if requested by police.
2.8 Rider Required to Comply with all applicable local, state, and county rules, regulations,
codes and laws that relate to the safe operation of a bicycle: Rider certifies he/she has
familiarized himself/herself with such prior to riding or operating a Bike. Should Rider wish to further
review such regulations, they can be obtained from the State of Florida, the Florida Bicycle
Organization and on the internet.
2.9 Restrictions of Type of Use of Bike: Rider agrees not to use the Bike for racing, tricks riding,
jumping, stunt riding and/or, off-road riding. Rider further agrees not to use the Bike for any
commercial or hire purposes. Rider shall not ride the bike in any standing water or moving water.
Rider shall not ride the Bike on unpaved roads, through puddles or water, or any other uses/places
prohibited by law. Rider agrees not to tow, pull, carry or push any person aside from Rider or object
with Bike as such can create an unsafe condition. Rider agrees to be seated at all times while
pedaling and shall not pedal the Bike while in a standing position. Pedaling the Bike from an upright,
standing position may create a dangerous condition and increase Rider’s chance of an injury. Rider
is prohibited from using the Bike for any commercial purpose or for hire. Rider prohibited from
texting, emailing, or any use of a mobile device while operating the Bike. Rider shall not tamper
with any technology on the bike such as GPS or any other equipment.
2.10 Bike is and shall remain the exclusive property of Deco at all times. Rider shall not remove or
modify any accessories, parts or components of the Bike as it is a criminal act to do so.
2.11 Rider shall not permit others to ride upon or use Bike: Rider is expressly prohibited from
allowing any 3rd party to ride upon or use the Bike in any capacity whatsoever, as the Bike is the
exclusive property of Deco. Rider is prohibited from allowing anyone else upon any part of the Bike
at all times.
2.12 Restricted use of Front Basket: Rider agrees that he/she will not use the basket for any purpose
other than carrying small and light items while riding the Bike. Rider acknowledges the basket is
for light items only and that he/she should not overfill the basket with too many items or heavy items
as it can cause an unsafe condition and may impair the balance, steering and/or stability of the
Bike which can result in injury to Rider. Deco is not responsible for damage or loss to any items
being transported (including pets and animals), carried or left in the Bike basket and Rider is solely
responsible for such items at all times.
2.13 Approaching & Crossing Railroad Tracks. Use extreme caution when approaching and crossing
railroad or train tracks: When approaching a railroad crossing or train tracks, slow down or stop
to ensure there is no train coming. Train tracks can be hazardous, even for very experienced bicycle
riders—the gaps between the rails and pavement can swallow your wheel, and wet tracks can
cause your tires to slide out from under you. Rider should: (a) only cross at designated crossing
locations, (b) look both ways before crossing, (c) do not cross, go under, or go around the safety
gates if they are down or if crossing lights are flashing, and (d) do not ride or attempt to ride along
parallel to the track. Once it is safe to cross, you should always position your bike to be
perpendicular to the rails—but be sure to look out for perpendicular gaps, as well. You, the Rider,
expressly assumes all risks when crossing railroad/train tracks. As an alternative, you, the Rider,
may dismount the bike and walk it across the tracks to avoid such hazards.
2.14 Rider required to report accidents, injuries, and incidences of theft, loss and damage to
Police: Rider must contact Deco and local Police as soon as safely possible to do so, but in no
event later than 48 hours from the time of the incident in the event of theft of the Bike or an accident
that occurred during Rider’s use of Bike resulting in bodily injury or property damage. A police
report should be obtained in any of these events and provided to Deco upon request within 5
business days of the incident as provided below and contain the facts surrounding the incident and
contact information for witnesses and anyone else involved in the accident/incident.
2.15 Rider’s liability in the event of theft or loss of Bike: Rider shall be liable and responsible for any
costs, claims, judgments, demands, damages, injuries, expenses, penalties, expenditures of any
nature, causes of action, losses, attorney’s fees and court costs of any kind relating to a stolen, lost
or damaged Bike. If Rider leaves Bike unlocked or unattended and it is stolen, Rider is expressly
responsible for its replacement cost.
2.16 Rider Responsibility for Damage to Bike or Other Property: Rider expressly agrees to return
the Bike to Deco in the same condition as when received. Rider is liable for any and all damages
resulting from improper use or abuse of the Bike and the cost of such damages shall become due
and payable at standard labor and parts rates upon invoicing by Deco to Rider. If Bike is
permanently damaged and must be removed from circulation, Rider shall be responsible for
furnishing Deco with the replacement cost of the Bike, due and payable upon invoicing by Deco to
Rider. Email, express courier and USPS are all acceptable methods to deliver such invoices from
Deco. Rider is restricted from renting a bike that has visible defects or damage that may interfere
with the safe operation of the Bike. Should Rider cause damage to the property of another party
while operating or in possession of the bike, Rider is solely liable for such damage.
2.17 Requirement to Secure Bike at All Times: Rider agrees to maintain the Bike in a secure manner
at all times which should be returned or stored at Program Stations. Bikes may or may not be
equipped with onboard cable, chain or wire locks. Under any and all circumstances, Deco is not
responsible for any lost, stolen, destroyed or damaged Bikes regardless of whether locks are
utilized and/or properly functioning. Rider expressly agrees that he/she shall pay for any damages
to the Bike caused by Rider or anyone else during Rider’s rental or use period of the Bike. Any
required repairs will be performed and billed at normal labor rates and parts/materials costs. Should
a Bike be damaged to the point that it is no longer function or safe to operate, Rider agrees to pay
Deco the full replacement value of the Bike.
2.18 Requirement to acknowledge that No Insurance is Provided under this Agreement: Rider
expressly acknowledges and agrees that Deco does not provide insurance of any kind including
but not limited to: property damage, liability, personal injury, injury to others, damages, penalties,
fines, losses, and/or expenses of any kind whatsoever.
2.19 Rider agrees to conditions regarding payment for unreturned, damaged, lost or stolen Bike:
Rider agrees that if the Bike is not returned to a designated Deco location within the allocated time
period as described herein, or the Bike is otherwise damaged beyond repair, lost or stolen, Deco
will immediately charge Rider a $800 fee which will be charged directly to the credit and or debit
card that Rider used to rent the Bike and/or in a subsequent invoice to Rider, payable upon receipt.
Rider shall be personally liable for the payment of the fee even if their credit or debit card lacks
sufficient funds to cover the fee. If Rider lacks sufficient credit to process the $800 charge, Deco
may charge Rider a series of smaller charges with a total not to exceed $800.
2.20 Bike Pick-Up: If Rider is unable to return Bike to a valid Deco docking station for any reason and
Deco has to pick up Bike, Deco may charge Rider a pick-up fee of up to $400. Deco may charge
these amounts in its sole discretion to any payment method in Rider’s account without prior notice.
2.21 Rider participating in a public bicycle sharing program: Rider understands that he/she is
participating in a public bicycle sharing program, and that unlike a standard private bicycle rental,
Rider is required to check bikes in and out of stations periodically so that such bikes are available
to the next user when accessing the program via a MEMBERSHIP. When not in use, Rider should
always dock the bike at a Deco station location and Rider may select any other available bike when
ready to ride again. Rider is prohibited from keeping or possessing a specific bike for an entire day
or multiple days when accessing program via a membership. If Rider selects a bike sharing program
MEMBERSHIP Rider shall be permitted to ride an unlimited number of trips during such
membership period to get Rider from station to station. The duration of each trip shall be limited to
the type of membership selected by Rider.
2.22 Late Fees: If Rider selects to access the program via a RENTAL (different from membership),
Rider shall promptly return such bike to a Deco location at the end of the rental period or he/she
shall incur additional charges at the posted rate and as otherwise described herein.
2.23 Privacy. Deco’s Privacy Policy is posted at www.citibikemiami.com/privacy and may be updated
from time to time without prior advance notice.
2.24 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 Deco property will result in
prosecution to the fullest extent of the law and Deco will seek the recovery of all costs and
administration charges from Rider, including attorney’s fees and costs.
2.25 Rider responsibility for Tickets, Fees, Damages and Fines: Rider agrees that he/she is solely
responsible and will not hold Deco, Citi and/or any of its or their agents, directors, officers,
shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates
liable for any moving violation, fines, and/or illegal activities incurred by Rider while using, riding
and/or operating the Bike. Rider agrees to pay on demand all fines, and court costs, including
administrative fees for parking, bus lane, traffic or other legal and/or moving violations assessed
against the Bike, the Rider or Deco or Citi during the rental or use of the Bike by Rider. Rider agrees
to pay Deco or Citi for any costs, expenses and/or attorney’s fees for processing, pursuing and/or
defending any such claims. Rider shall be solely responsible for any damage or injuries caused by
negligent operation of the Bike.
2.26 Lost Membership FOBs & Replacement Fees: Should Rider lose or misplace their Membership
fob, Rider agrees to immediately log into their account via the internet and report their card lost. If
Rider loses its membership fob and subsequently a Bike is checked out and not returned using the
lost fob, Rider is responsible for the replacement cost of the bicycle. A fob replacement fee of up
to $10.00 applies for the issuance of each new membership fob.
2.27 Failed Membership Account Billing: Riders with an ongoing Membership subscription are
responsible for timely payment of membership fees and/or any additional usage fees on the
prescribed due date. It is Rider’s responsibility to maintain updated and accurate billing information
and method of payment in their Membership account online. Should a Rider’s payment method on
file be declined for any reason, a $5.00 reinstatement fee will be added to Rider’s membership
account balance and a temporary hold will be placed on the Rider’s membership card disabling
Rider from being able to check out a Bike until Rider’s billing and payment is successfully
processed.
2.28 Electric Bikes: Electric bicycles require periodic battery charging to operate. Their level of charge
power will decrease with use over both time and distance. They lose their battery charge for various
reasons, including due to weather, road conditions, vehicle type and other factors. Deco works
diligently to ensure that Bikes have adequate charge for Rider’s general use, but Deco does not
know where Rider intends to go and does not guarantee the Bike a Rider selects has enough
charge power to get to Rider’s desired location. In the event Rider mistakenly rents an electric Bike
without any charge, Deco may as a courtesy provide Rider with a credit for the same rental, or for
a future rental, at its sole discretion when requested by Rider.
2.29 Text Messages, Emails and Telephone Calls: Unless Rider opts out, Rider agrees that Deco
may contact Rider by telephone, email, SMS or text message (including through use of an
automatic telephone dialing system or automated email system) at the phone numbers and email
addresses provided by Rider, including for marketing purposes. Deco may send marketing emails
that include information relating to sponsors of the program. You understand that you are not
required to provide this consent as a condition of purchasing any property, goods or services. You
may opt out of receiving telephone calls, SMS, emails, or text messages from Deco at any time, by
sending an email to management@decobike.com.
2.30 Fraud: Deco takes fraud seriously, both for the protection of Deco and Rider. Rider may only use
a payment method that Rider has the legal right to use and Rider authorizes us to charge any
payment method Rider designates for any charges Rider may incur. If Deco suspects that any
information Rider provided is inaccurate, incomplete or fraudulent, Deco may suspend or terminate
Rider’s account until the issue is resolved. During that time, Rider may lose access to some or all
of our Bikes and Services, either temporarily or permanently.
2.31 Network Access and Devices: Rider is responsible for obtaining the data network access
necessary to use Deco’s bicycles and services. Rider’s mobile network's data and messaging rates
and fees may apply if Rider accesses or uses Deco’s services from Rider’s device. Rider is
responsible for acquiring and updating compatible hardware or devices necessary to access and
use Deco’s services (including the mobile app) and any updates thereto. Deco does not guarantee
that its services, or any portion thereof, will function on any particular hardware or devices. In
addition, Deco’s services may be subject to malfunctions and delays inherent in the use of the
Internet and electronic communications. Rider acknowledges that on some peak days and times,
such as holidays, network access can become bottlenecked and prohibit normal communications,
sometimes resulting in issue preventing the ability to check out a bicycles or use Deco’s services.
2.32 Account Set Up: In order to use most aspects of Deco’s programs, you must register for and
maintain an active personal user account, which requires a valid debit or credit card or other
approved payment method with expiration date and billing postal code as well as other requested
information. The information provided by Rider to Deco must be true, accurate, complete and
updated as necessary to remain accurate. Rider should create a username and a strong password
and should not share either with anyone – Rider’s account is personal solely to Rider and not
intended for anyone else’s use, and Rider is responsible for all activity that occurs under it. Rider
shall let Deco know immediately if Rider suspects unauthorized use of Rider’s account. Deco has
the right to provide information about Rider or Rider’s various account details (like billing, account,
content or use records and related information) if required by law (which may include mandatory
data sharing with governments), and to protect Deco’s rights, customers or business.
2.33 Payment and Pricing: Deco may put a temporary hold on Rider’s debit/credit card account before
Rider starts a ride to verify Rider’s payment information is still valid and/or to verify Rider’s
debit/credit card has the necessary funds to cover the fees incurred for that ride. Pre-authorization
is not a charge to Rider’s account, it is a hold on those funds. Pre-authorizations can reduce Rider’s
available balance by the authorization amount until it is released or reconciled with the actual
charge. Rider should contact Rider’s bank or card issuer if Rider has questions about when a pre-
authorization amount will be removed from Rider’s statement. Fees and charges will be charged to
a payment method in Rider’s account. Deco will automatically charge and withhold the applicable
taxes as required by law. All payments to Deco are made through a third-party payment processor.
If Rider’s payment method expires and Rider does not update Rider’s information or Rider cancels
Rider’s account, Rider authorizes Deco to continue billing, and Rider will remain responsible for
any uncollected amounts. Deco reserve the right to retry billing all payment method(s) on file after
any failed billing attempt. Rider 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. If Rider disagrees
with any charges Deco has made to Rider’s account, Rider shall let Deco know within 10 business
days from the end of the month in which the disputed charge took place. To resolve any disputed
charges, Deco will need certain trip information, including the date and approximate start and end
times of Rider’s trip. As a policy, except to the extent required by applicable laws, Deco does not
offer refunds for Rider’s use of Deco’s services, and any exceptions to this policy are in Deco’s sole
discretion.
2.34 Deco Staff and Police Authorized to Stop Any Person Riding or in Possession of the Bike(s):
DecoBike LLC has specifically authorized local, county and state Police to stop any person riding
or possessing a Bike at their request for safety and/or security purposes. This may include any Bike
that appears damaged, altered, is missing its bike identification number(s), and/or has been
checked out longer than the Bike’s last corresponding rental/membership use period. Police may
ask Rider to present any of the following forms of identification to ensure the Rider or person in
possession of the Bike(s) is authorized to have, or be using, the Bike(s): (a) Membership fob if
Rider is a membership subscriber, (b) the credit or debit card used to rent the bike if Rider is not a
membership subscriber, and/or (c) a form of government issued identification such as a driver’s
license of state issue ID card.
2.35 Bike shall only be ridden inside Deco’s Service Zones. Rider shall only operate or possess Bike
inside of Deco’s service zones which only include the city of Miami, Miami Beach, Bay Harbor
Islands, and Surfside, Florida. If Rider takes the Bike outside of those service zones, Deco’s
employees or Police may retrieve or confiscate such Bike from Rider and return it into Deco’s
service zones. In the event Rider takes the Bike outside of Deco’s service zones, Rider shall be
responsible for any penalty and/or fees due until Bike is returned into Deco’s system inside the
service zones. Any Bike outside of Deco’s service zones is subject to immediate confiscation
without any prior notice. No refunds will be given to a Rider taking the Bike outside of Deco’s service
zones where the Bike is confiscated by Deco’s staff, agents, or Police.
3. Waiver and/or Limitation of Liability
3.1 For and in consideration of rental and use of Bike, Rider expressly forever releases and relinquishes
and discharges Deco, Citi and/or any of its or their agents, directors, officers, shareholders,
employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates from any and
all claims and/or liability, causes of action and/or damages including for personal injury, wrongful
death, property damage, injury to others and/or third parties which arise from or related directly or
indirectly to this Agreement; the rental, use and/or operation of the Bike; the Program or the
Program website, including any and all claims, liability, causes of action and/or damages related
to the sole or partial negligence of any non-related third party. By this Agreement any such claims,
rights and causes of action that Rider (and Rider’s legal guardian(s), if applicable) may have are
hereby waived, released and relinquished, and Rider does so on behalf of Rider’s heirs, executors,
administrators and assigns.
3.2 Rider expressly agrees to release and hold harmless Deco, Citi and/or any of it or their agents,
directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent
organizations, and/or affiliates from all liability for any such property damage or loss, personal injury
or loss of life, whether caused by the sole or partial negligence of a non-related third party others,
whether based upon breach of contract, breach of warranty, active or passive negligence or any
other legal theory, in consideration for using and/or operating the Bike. Rider voluntarily agrees,
understands and acknowledges that Rider will have no
right to make a claim or file a lawsuit against Citi or any of their agents, directors, officers,
shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliate
es arising out of this Agreement; the rental, use and/or operation of the Bike; the Program and/or
the Program website, in consideration for using and/or operating the Bike.
4. Assumption of Risks and Acceptance of Responsibility
4.1 Rider expressly acknowledges and accepts that Rider rides at his/her own Risk. Rider accepts the
Bike for use, exercising his/her own free choice to participate voluntarily in this activity. Rider
promises and agrees to take due care during such rental, use, participation and/or operation of the
Bike. Rider understands that bicycling may be a hazardous activity. Rider acknowledges,
understands and assumes all risk relating to the rental, maintenance, design, use and/or operation
of the Bike and understands that bicycling involves risk to the Rider and others including bodily
injury, partial or total disability, paralysis and death, and damages which may arise therefrom and
that Rider has full knowledge of said risks and dangers. Rider understands that bicycling protective
gear such as helmets and gloves are not provided but are recommended. Rider expressly
understands that such gear, even when used, does not eliminate the risk of injury in the event of
an accident.
4.2 Rider acknowledges that there may be risks and dangers not known to Rider or not reasonably
foreseeable at this time related to bicycling, maintenance, design, rental, use and/or operation of
the Bike, and Rider assumes responsibility for any and all such risks and dangers. Rider
acknowledges and understands that risks and dangers related to the rental, maintenance, design,
use and/or operation of the Bike may be caused by the negligence of the Riders or others including
Deco and Deco’s Parties. Rider assumes responsibility for all such risks and dangers.
4.3 Rider freely and expressly assumes an accepts any risks and all injuries to the Rider, Rider’s
personal property, and any others injured or damaged as a result of the rental, maintenance,
design, use and/or operation of the Bike. Rider acknowledges, understands and agrees that all of
the risk and dangers related to the rental, maintenance, design use and/or operation of the Bike,
including those caused by the negligence of others, are included within the waiver, release and
relinquishment of liability contained in this Agreement.
5. Arbitration. Rider expressly agrees that Deco, at its sole discretion, may submit any disputes whatsoever
arising out of, resulting from, and/or relating to this Agreement; the rental, use and/or operation of the Bike,
the Deco program, the Deco mobile app, and/or the Deco website, to final and binding arbitration under
the Rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with
the said rules. Notwithstanding these rules, however, such proceeding shall be held in the County of Miami
Dade by the laws of the State of Florida. All arbitration proceedings will be conducted in the English
language. Any award in an arbitration initiated under this clause shall be limited to monetary damages and
shall include no injunction or direction to any part other than the direction to pay a monetary amount.
Further, the arbitrators shall have no authority to award punitive, consequential or other damages not
measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as
may be required by statute.
6. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted
solely on an individual basis. Neither you the Rider nor Deco will seek to have any dispute heard as a class
action, private attorney general action, or in any other proceeding in which either party acts or proposes to
act in a representative capacity. No arbitration or proceeding will be combined with another without the
prior written consent of all parties to all affected arbitrations or proceedings.
7. No Warranty. Neither Deco, Citi, nor the host municipality provides any warranties, express or implied.
There is no warranty of merchantability or fitness for a particular purpose, and the Bike and Deco
equipment is accepted “As Is”.
8. Service Interruptions. Neither Deco nor Citi shall be liable for, or owe a refund to, Rider for any
interruptions in service caused by or reasonably attributed to public unrest, pandemics, public health
emergencies, public emergencies, labor strikes, adverse weather conditions, criminal acts of others and
acts of god, as well as mechanical/technical failures of internet, cellular and data hosts/service providers,
both wired and/or wireless.
9. Indemnification & Hold Harmless. In consideration for the use of the Bike, Rider expressly agrees to
indemnify, defend, protect and hold harmless Deco, Citi, the host municipality and/or any of its or their
agents, directors, officers, shareholders, elected officials, appointed officials, employees, volunteers,
contractors, successors, assigns, subsidiaries, parent organizations, and/or affiliates against any and all
claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties,
attorneys fees, judgments, suits, including claims brought by a third party, or disbursements of any kind of
nature whatsoever related to, resulting from, regarding or referencing this Agreement, the rental,
maintenance, design , and use and/or operation of the Bike, the Program and/or the Program website.
10. Jurisdiction & Governing Law for All Proceedings. Rider expressly agrees that in the event of any
proceeding, dispute, claim or controversy arising out of, resulting from and/or relating to this Agreement,
the rental, maintenance, design, use and/or operation of the Bike, the Deco program and/or the Deco
website shall be construed in accordance with and governed in all respects by the laws of the State of
Florida, venue shall be Miami Dade County. Rider expressly agrees to submit to the exclusive jurisdiction
of the State of Florida courts. Deco may assign its rights and duties under this Agreement to any party at
any time without notice to Rider.
11. No Waiver. Deco’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. Neither the course of conduct between the
parties nor trade practice shall act to modify any part of this Agreement. No waiver by Deco shall be
construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
12. Termination of Agreement. Deco may terminate this Agreement at any time, without cause, legal
process, or notice to the Rider. Rider waives all claims, causes of actions, expenses, and/or damages
connected and/or related to any such termination.
13. Severability. Each provision of this Agreement, including any exclusions or limitations of liability, shall be
construed separately, applying and surviving even if for any provision in this Agreement is held to be
inapplicable or unenforceable under any circumstances.
14. Entire Agreement: This Agreement constitutes the final and entire Agreement between Deco and Rider.
This Agreement represents the entire understanding between Deco and Rider and prevails over any prior
or contemporaneous, conflicting or additional, communications, unless Deco revises or modifies this
Agreement. Deco shall have the right to revise, change and modify the terms and conditions contained in
this Agreement at any time without prior written notification by posting the revised Agreement on the Deco
website. Riders shall be solely responsible for reviewing and becoming familiar with any modification to
this Agreement. Use and/or operation of the Bike by Rider following any modifications to this Agreement
constitutes Rider’s acceptance of the terms and conditions as modified.
15. Acceptance of Agreement by Rider: Rider expressly acknowledges that he or she has carefully read
the entire Agreement, including the terms and conditions, and understands this Agreement, including but
not limited to the Waiver of Liability, Assumption of Risk and Indemnification Provisions, fully, and expressly
agrees to be bound by this Agreement. Rider voluntarily gives his or her consent and expressly agrees to
all the conditions included in this Agreement as set forth above.
RIDER HAS READ, UNDERSTANDS AND EXPRESSLY AGREES TO THE ABOVE
AGREEMENT AND TERMS AND CONDITIONS. BY ACCEPTING THIS AGREEMENT AND CHECKING OUT
A BIKE AT A PROGRAM KIOSK (EITHER THROUGH A MEMBERSHIP OR RENTAL), RIDER HAS
AFFIRMATIVELY AGREED TO ENTER INTO THIS AGREEMENT.
