General Terms and Conditions
Actual terms and conditions are subject to change and subscribers are advised to read the full agreement when they begin a new subscription.
Kruse and Company Bicycles LLC (hereinafter referred to as the "Kruse") agrees to provide Subscriber with an electric bicycle along with attached accessories and equipment as more fully described hereafter, and collectively referred to as the “E-Bike”, according to the following terms and conditions.
Term. The subscription term shall be for the set period of time agreed to between Kruse and Subscriber for a period of no less than 30 days (the “Subscription Period”), starting from the date of pickup (the “Start Date”). The agreement will automatically renew for successive periods unless cancelled under the terms of this agreement.
Payment. The Subscriber agrees to pay the subscription fee as specified under the subscription package. The payment must be made in full at the beginning of the Subscription Period and each subsequent subscription period. Furthermore, Subscriber agrees to maintain an active credit card on file with Kruse for the automatic payment and processing of each payment, and to update their credit card information as necessary.
In the event of damage or loss Kruse shall try to replace the electric bicycle with the same make and model, but shall be under no obligation to provide a replacement bicycle if a suitable one is not available. If a replacement bicycle is not available, Subscribers remedy shall be to cancel this Agreement according to the terms hereunder.
Bike Use and Rider Requirements.
• The Subscriber agrees to use the E-Bike in a careful and lawful manner, including wearing a helmet at all times while operating the bicycle and operating the bicycle according to any and all federal, state, or local laws and regulations.
• The Subscriber acknowledges that the E-Bike is to be used solely for personal transportation purposes and shall not be used for any commercial or illegal activities. Personal transportation purpose expressly shall not include the use of the E-Bike in a bicycle messenger or delivery service.
• The Subscriber must be at least 18 years old and possess a valid driver's license or identification card.
• Adult members of the same household as the Subscriber may use the E-Bike under the same terms and conditions as stated in this Agreement upon signing the ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT. Subscriber shall notify Kruse of any other riders that intend to use prior to their operation of the E-Bike and the Subscriber shall remain fully liable for any actions, damages, or liabilities arising from the use of the Bicycle by such household members. In no event shall Kruse be required to take action or make a claim against any other person before seeking relief and compensation from Subscriber, regardless of fault.
• Minors may ride on the E-Bike with the operator provided they meet the age and weight requirements set forth by California law, the E-Bike manufacturer, and wear an appropriate helmet at all times. Minors under the age of 16 may not be allowed to operate the E-Bike by themselves.
• The Subscriber shall not make any alterations or modifications to the E-Bike.
• The Subscriber shall not sublet, assign, or transfer the E-Bike to any other individual or entity without the express written consent of the Kruse.
Maintenance Schedule and Repairs. As part of the subscription fee, Kruse agrees to provide maintenance and repairs to the E-Bike at no additional cost subject to following rules and regulations.
• Subscriber agrees to reasonably maintain the E-Bike in good condition, including putting air in the tires as required and storing it inside when not in use. Failure to do so may result in unnecessary repairs which shall not be covered by Kruse.
• Subscriber agrees to bring the E-Bike for regularly scheduled maintenance as determined by the E-Bike manufacturer and Kruse and more fully detailed in Kruse’s Maintenance Schedule and Guide.
• In addition to regularly scheduled maintenance, Subscriber also agrees to notify Kruse immediately of any issue or damages with the E-Bike such as flat tires, unusual noises, or crashes, and shall cease operating the E-Bike immediately. If safe to do so, Subscriber shall walk the E-Bike to their home or to Kruse’s place of business, whichever is closer. After contacting Kruse, Kruse shall make the necessary arrangements as determined solely by Kruse to assist Subscriber with the E-Bike, which may include picking up the E-Bike from Subscriber’s home, providing Subscriber with a replacement E-Bike, or reimbursing Subscriber with the cost of transportation, such as UBER, for which reimbursement shall not exceed $50.
Insurance. As part of this agreement and included with the Weekly Rental Fee Kruse shall provide insurance for theft and damages, which shall be provided by Oyster Insurance Company, under the terms and conditions set thereby, with a $500 deductible. The Subscriber agrees to be responsible for the deductible in the event of theft or damage to the bicycle, whether caused by the Subscriber or a third party. By signing this agreement Subscriber acknowledges receipt of the terms and conditions of the insurance provided by Oyster and agrees to be bound by those terms and conditions.
Security and Storage. Kruse agrees to provide Subscriber with appropriately rated locks and keys and Subscriber agrees to properly secure/lock all borrowed equipment in legal locations when not in their possession. In the event that any lock or key is lost or damaged, Subscriber shall be responsible for a replacement fee in the amount to $50 for any key or $100 fee for any lock. The lock and key replacement fees shall be in addition to any deductible owed.
Cancellation by Subscriber. Subscriber shall have the right to terminate this agreement by providing Kruse with a 30-day written notice of their desire to do so via email to firstname.lastname@example.org or through U.S. postal mail to Kruse’s place of business. Subscriber agrees to continue to pay all fees up through the end of the agreement until the E-Bike is returned to Kruse.
Cancellation by Kruse. Kruse shall have the right to terminate this agreement for any reason upon notice to Subscriber. Upon notice by Kruse of its desire to terminate this agreement, Subscriber shall return the E-Bike no later than 4pm on the last day of the current Subscription Period.
Holidays and Closures. If the last day of the last Subscription Period falls on a Sunday or Holiday where the Kruse’s business is normally closed, the Rental Period shall automatically be extended to the next business day at no additional charge.
Return of E-Bike. Upon cancellation or termination of this Agreement, Subscriber shall return the E-Bike to the Kruse’s place of business on or before 4:00 pm of the last business day of the Subscription Period. The E-Bike shall be returned in the same condition as it was at the start of the rental period, with ordinary wear and tear accepted. Subscriber shall be responsible for damages up to the insurance deductible or more if damages are not covered by the insurance provided.
Update to Terms and Conditions. Kruse may from time to time update and modify the terms and conditions of the Assumption of Risk, Waiver and Release of Liability, or Subscription Agreement by providing Subscriber with a 30-day written notification of the changes. In the event that Subscriber chooses not to abide by the new terms and conditions, Subscriber shall have the right to cancel this agreement anytime within the 30-day notification period under the same rights as Section 8.1 without requiring an additional 30-day notice period.
Notices. Any notices required under this agreement shall be delivered via email to the email addresses provided herein or as updated by the parties in the future.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable under any applicable law, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of any other provision of this Agreement. The Parties agree that any such invalid, illegal, or unenforceable provision shall be deemed modified or replaced to the extent necessary to make it valid, legal, and enforceable while preserving the Parties' original intent as closely as possible. If modification or replacement is not feasible, the invalid, illegal, or unenforceable provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understandings or agreements, whether written or oral.