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RENTAL AGREEMENT
Rental Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS AND CONDITIONS GOVERNING YOUR USE OF U KROOZE SERVICES.
This Rental Agreement, Waiver of Liability, and Release (the “Agreement”) establishes the legally binding terms between you (“Rider,” “You,” or “Your”) and U Krooze, LLC (“U Krooze”) regarding your use of U Krooze’s services. In exchange for your use of the U Krooze services, including the U Krooze mobile application (the “U Krooze App”), the U Krooze website (the “U Krooze Site”), and U Krooze Electric Vehicles (the “Vehicles”) (collectively, the “U Krooze Services”), you agree to comply with all terms and conditions outlined in this Agreement.
By accessing or using any of the U Krooze Services, you acknowledge and accept the terms of this Agreement. In addition to the terms of service you agreed to when registering for the U Krooze Services, please read this Agreement carefully, as it includes provisions concerning the assumption of risk, releases, disclaimers, and a binding arbitration agreement that limit your legal rights and remedies. For further details, please refer to Sections 9 and 15 below.
U Krooze agrees to rent you the Vehicle, and you, as the Rider, agree to accept the rental subject to the terms and conditions outlined herein. Unless otherwise stated, all monetary values in this Agreement are expressed in U.S. dollars.
1. GENERAL RENTAL TERMS AND CONDITIONS
1.1 Rider is the Sole User.
You are the sole renter of the Vehicle and are solely responsible for compliance with all terms and conditions of this Agreement. When you activate a Vehicle, it may only be used by you; you may not permit others to operate the Vehicle under any circumstances.
1.2 Rider is at Least 18 Years Old.
You represent and warrant that you are at least 18 years of age. Persons under the age of 18 are prohibited from using or accessing U Krooze Services.
1.3 Rider is a Competent Vehicle Operator.
You represent and warrant that you are competent in operating the Vehicle and are physically capable of safely using it. You accept full responsibility for any injuries, medical conditions, including death, or property damage resulting from your use of the U Krooze Services, as detailed in Section 15 of this Agreement. You are also responsible for assessing environmental conditions, including but not limited to weather, traffic, and terrain, to determine whether it is safe to operate the Vehicle.
1.4 Vehicle is the Exclusive Property of U Krooze.
You acknowledge that the Vehicle, and any attached equipment, are the exclusive property of U Krooze at all times. You agree not to modify, damage, deface, or otherwise tamper with the Vehicle, nor use it for any commercial purposes, including advertising, without prior written consent from U Krooze.
1.5 Vehicle Operating Hours and Availability.
You acknowledge that Vehicle availability is not guaranteed 24 hours a day, 7 days a week. U Krooze operates within a limited number of Vehicles and does not guarantee their availability at all times.
1.6 Vehicle Use Restrictions.
The Vehicle is only to be used within the defined operational areas designated by U Krooze.
1.7 Compliance with Laws.
You agree to comply with all local, state, and federal laws applicable to the use, operation, parking, and charging of the Vehicle, including, but not limited to, any helmet laws and traffic regulations. You must operate the Vehicle with courtesy and safety toward others.
1.8 Prohibited Acts.
You agree to the following prohibited acts:
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Do not operate the Vehicle while carrying items that may impair your ability to control it safely.
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Refrain from placing objects on the Vehicle’s handlebars that could interfere with its safe operation.
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Using mobile phones, music players, or other distractions while operating the Vehicle is prohibited.
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You must not operate the Vehicle under the influence of alcohol, drugs, or any substances that could impair your judgment or motor skills.
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Only one rider is permitted per Vehicle.
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Animals or pets are not permitted on the Vehicle.
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Use only U Krooze-approved locks and parking mechanisms. Do not add or modify locks.
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Vehicles must be parked in designated spots and must remain upright. You are prohibited from parking the Vehicle on private property or in restricted areas.
1.9 Appropriate Vehicle Use.
You agree that the Vehicle is not intended for racing, stunt riding, or use in hazardous conditions such as unpaved roads, water, or areas where Vehicle use is restricted or prohibited. The Vehicle may not be used for commercial purposes or in violation of any law, regulation, or ordinance.
1.10 Weight and Cargo Limits.
The maximum allowable weight for the Rider and any cargo is 350 lbs. Exceeding this limit may result in unsafe operation of the Vehicle.
1.11 No Tampering.
You agree not to tamper with, attempt to access unauthorized areas of, or misuse the U Krooze Services in any way not expressly permitted in this Agreement.
1.12 Reporting of Damage or Accidents.
You must immediately report any accident, damage, injury, or theft involving the Vehicle to U Krooze. If personal injury or property damage occurs, or the Vehicle is stolen, you must file a report with the local police department within 24 hours and notify U Krooze promptly.
1.13 Responsibility for Vehicle Condition.
You agree to return the Vehicle in the same condition as it was rented, excluding normal wear and tear. You will be held responsible for any damage beyond typical wear and tear.
1.14 Electric Vehicle Operation.
As the Vehicle is an electric model, you agree to operate it within its limitations. You acknowledge that the battery charge may deplete during use, affecting speed and functionality. You understand and accept that U Krooze does not guarantee the battery charge level upon initiation of the rental, and it is your responsibility to ensure the Vehicle is sufficiently charged for your intended use.
1.15 Insurance.
Please be aware that your personal automotive insurance may not cover accidents involving a U Krooze Vehicle. We recommend contacting your insurance provider to confirm coverage details for any incidents involving U Krooze Vehicles.
2. PAYMENT AND FEES
2.1 Fees
Riders may access and use the Vehicle on a pay-per-ride basis or according to the pricing outlined on the U Krooze App or Website. In the event of any discrepancy between the pricing on the App and the Website, the pricing on the U Krooze Website shall take precedence. All fees and charges may be subject to applicable taxes and local government levies, which may be billed and collected by U Krooze. Payment will be processed through the Rider's credit or debit card, or any other pre-approved payment method, as specified in this Agreement.
2.2 Promo Codes
Promo codes offering discounts are one-time-use only and must be redeemed through the U Krooze App. U Krooze reserves the right to modify or cancel any discount at its discretion. Promo codes are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
2.3 Maximum Rental Time and Charges
The maximum rental duration for a Vehicle is specified for each individual vehicle. The Rider agrees to return the Vehicle to the original rental location from which it was rented (the “Original Rental Location”) and may rent the same Vehicle again if desired. Riders are solely responsible for ensuring timely return of the Vehicle within the rental period. The maximum daily charge for any Vehicle is $100.00 (the "Max Daily Charge"). Upon return of the Vehicle, the Rider will be charged the lesser of (i) the total accumulated rental charges or (ii) the Max Daily Charge. Vehicles not returned to the Original Rental Location within 48 hours of rental will be considered lost or stolen, and the Rider may incur a charge of up to $2,500.00, along with the possibility of a police report being filed. If the Vehicle is not deemed lost or stolen but is returned late, U Krooze may apply an additional service fee of $75.00 for each 24-hour period beyond the initial 24-hour rental period.
2.4 Valid Credit or Debit Card
To use U Krooze Services, the Rider must provide a valid credit or debit card number and its expiration date. The Rider affirms they are authorized to use the provided payment method and authorizes U Krooze to charge the card for all applicable fees. All charges will be subject to applicable sales taxes and local government fees, which may be billed and collected by U Krooze. Any disputes related to charges must be reported to U Krooze within 10 business days following the end of the month in which the disputed charge occurred, along with all necessary information to identify the charge (e.g., rental date, Original Rental Location, and rental duration). The Rider agrees to notify U Krooze promptly of any changes to their payment information.
2.5 Pickup Fees
If the Rider is unable to return the Vehicle to the Original Rental Location and requests a pickup by U Krooze staff, a pickup fee of up to $50.00 (the "Pickup Fee") may apply, at U Krooze’s sole discretion. In the event that any Vehicle rented under the Rider's account is abandoned without prior notice, the Rider will be responsible for all outstanding rental charges until the Vehicle is recovered by U Krooze and deactivated, along with any applicable Pickup Fees. Fees, including the Pickup Fee, are subject to change.
2.6 Security Deposit
A refundable security deposit of $75.00 will be charged upon renting a Vehicle. The deposit will be refunded upon the return of the Vehicle in the same condition as when it was rented, excluding normal wear and tear.
3. ADDITIONAL TERMS OF USE
3.1 Safety Check
Before using the Vehicle, the Rider is required to perform a basic safety inspection, including checking (i) wheel alignment, (ii) brakes and lights functionality, (iii) the condition of the frame, (iv) sufficient battery charge, and (v) any visible damage or signs of excessive wear. If any issues are detected, the Rider agrees not to use the Vehicle and to notify U Krooze customer service immediately.
3.2 Lost or Stolen Vehicle
A Vehicle may be deemed lost or stolen under the following circumstances: (i) if not returned within 24 consecutive hours of rental; (ii) if the Vehicle's GPS unit is disabled; (iii) if the Vehicle is parked in unauthorized or private property or in a non-public space; or (iv) if other circumstances suggest, in U Krooze’s reasonable judgment, that the Vehicle has been lost or stolen. The last Rider of a Vehicle will generally be held responsible unless evidence indicates otherwise. U Krooze reserves the right to take appropriate action, including filing a police report and seeking restitution. The Rider agrees to report any suspected disappearance or theft of a Vehicle to U Krooze immediately.
3.3 Helmets and Safety
While helmets are not legally required for class 2 medical devices, U Krooze strongly recommends that all Riders wear an appropriately certified helmet (Snell, CPSC, ANSI, or ASTM approved). U Krooze does not guarantee the quality or safety of any helmet and is not liable for any injuries, including death, sustained while using the U Krooze Services, whether or not the Rider is wearing a helmet. The Rider assumes full responsibility for the use of the Vehicle, including any risks associated with not wearing a helmet or other protective gear.
3.4 Vehicle Routes
The Rider acknowledges that U Krooze does not provide or maintain designated routes for Vehicle use, and it cannot guarantee that safe riding conditions will always exist. Roadways, sidewalks, and vehicle lanes may present hazards, including but not limited to adverse weather, traffic conditions, or other dangers.
3.5 Limitations on Vehicle Rental
U Krooze is not a common carrier, and alternative transportation methods, including public transit and taxis, are available to the public. U Krooze offers Vehicles for individual use as a convenience for those who are qualified to operate them and who agree to the terms and conditions of this Agreement.
3.6 Limitations on Availability of U Krooze Services
Although U Krooze endeavors to provide Services year-round, it does not guarantee the availability of services at all times. Access to U Krooze Services is subject to the availability of Vehicles, and U Krooze reserves the right to request the return of any Vehicle at any time.
4. TERMINATION.
4.1 Termination by U Krooze.
U Krooze reserves the right to unilaterally terminate a Rider's access to the U Krooze Services, at its sole discretion, without prior notice or cause. The Rider may terminate their use of the U Krooze Services at any time, provided, however, that (i) U Krooze shall not be obligated to issue any refunds as a result of the Rider’s termination; and (ii) the Rider may still incur applicable additional fees as specified in this Agreement. Notwithstanding termination, this Agreement shall remain in full force and effect, in accordance with its terms and conditions, regardless of whether the termination is initiated by U Krooze, the Rider, or a third party.
5.1 Confidentiality of Information; Privacy Policies.
You acknowledge and agree that U Krooze will maintain all personal information relating to Riders, including but not limited to names, addresses, phone numbers, email addresses, passwords, payment details, and other personal information, in accordance with its privacy policy, which can be reviewed at U Krooze Privacy Policy.
6. License to Image and Likeness.
In consideration of the opportunity to use U Krooze Services, you hereby knowingly, voluntarily, and irrevocably:
(i) Grant U Krooze and its affiliates, successors, and assigns the full and unconditional right to use, at any time, your appearance and voice in photographs, videos, and other recordings related to your use of the U Krooze Services for press, promotional, advertising, publicity, and commercial purposes, across all media, whether now known or hereafter developed, worldwide and in perpetuity;
(ii) Agree to the following rights granted to U Krooze and its affiliates, successors, and assigns:
(a) The right to photograph, videotape, or otherwise record your appearance and voice related to your use of U Krooze Services at any time;
(b) All rights, titles, and interests in such photographs, videos, and other recordings, including copyright ownership as a work for hire;
(c) The right to use, reproduce, exhibit, distribute, transmit, alter, and exploit such recordings, in whole or in part, at U Krooze's sole discretion.
(iii) Waive, release, and discharge all Released Persons (as defined in Section 15) from any and all claims arising from the use of your likeness, including any claims for libel, defamation, invasion of privacy, violation of rights of publicity, or copyright infringement.
7. Notice.
U Krooze may be contacted at:
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Email: info@UKrooze.com
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Phone: (888)735-3040
8. Choice of Law; Dispute Resolution.
This Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of laws principles. In the event of a dispute:
(i) Each party is entitled to recover its costs, expenses, and reasonable attorney's fees incurred in resolving or settling the dispute, in addition to any other damages or remedies available;
(ii) Both parties consent to the exclusive jurisdiction of the courts in the State of Florida, specifically Palm Beach County, and waive any objections to venue or jurisdiction;
(iii) Any legal action related to this Agreement must be filed in Broward County, Florida.
9. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT.
9.1 Initial Dispute Resolution
Before initiating arbitration, the parties agree to attempt to resolve any disputes, claims, or disagreements through good faith negotiations via the U Krooze Support Process (available through the U Krooze App).
9.2 Binding Arbitration
If the parties are unable to resolve the dispute through the U Krooze Support Process, the dispute shall be resolved through binding arbitration before a single arbitrator, as agreed upon by the parties. If the parties cannot agree on an arbitrator, one will be selected by ADR Systems, Inc., located in Broward County, Florida. The arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association, but not through the American Arbitration Association process itself. The arbitration shall take place in Broward County, Florida. Each party shall bear its own costs, except for attorney's fees that may be awarded by the arbitrator in connection with a claim for damages.
9.3 Location
Arbitration will take place in Broward County, Florida, or another mutually agreed location. If arbitration is not required, both parties consent to the exclusive jurisdiction and venue of the courts located in Broward County, Florida.
9.4 Class Action Waiver
The parties agree that any arbitration will be conducted solely on an individual basis and not as part of any class or representative action. The right to bring claims in a class action is explicitly waived. If a court or arbitrator finds this waiver unenforceable, the entire arbitration agreement will be void.
9.5 Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the arbitration provisions, either party may bring actions related to intellectual property rights in court. Additionally, either party may pursue claims in small claims court if they fall within its jurisdiction.
10. Waiver and Severability.
No waiver of any breach of any provision of this Agreement will be deemed a waiver of any other breach or provision. The provisions of this Agreement are severable and shall remain valid and enforceable even if a provision is deemed invalid or unenforceable.
11. Cumulative Remedies.
The rights and remedies provided in this Agreement are cumulative and not exclusive. Resort to one remedy does not preclude the use of any other legal remedies available under the law.
12. Final Agreement; Modification by U Krooze.
This Agreement represents the complete and exclusive understanding between the parties regarding its subject matter, superseding any prior agreements. U Krooze reserves the right to modify or amend this Agreement at its sole discretion, and such modifications will be effective immediately upon posting on the U Krooze website or app. Rider’s continued use of the U Krooze Services constitutes acceptance of the updated terms.
13. Contract Interpretation.
The headings in this Agreement are for convenience only and do not affect the interpretation of the Agreement. Words in the singular or plural include both singular and plural meanings, as context requires. "Or" is not exclusive, and "including" means "including, but not limited to."
14. Voluntary Execution of this Agreement.
By executing this Agreement, Rider acknowledges that they have read, understood, and voluntarily agreed to all terms, including the releases contained herein, without duress or undue influence. Rider affirms they are legally competent to enter into this Agreement.
15. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for the privilege of using U Krooze Services and related equipment, Rider agrees to release and hold harmless U Krooze, its affiliates, employees, agents, contractors, and any third parties involved in providing the Services (collectively, the "Released Persons") from any and all claims, damages, injuries, or liabilities arising from the use of the Services, Vehicles, or related equipment, except in cases of gross negligence or willful misconduct by the Released Persons. Rider acknowledges that the use of the U Krooze Services involves inherent risks, including potential injury or death, and assumes full responsibility for such risks.
RIDER ACCEPTANCE OF AGREEMENT
By signing below, I certify that I have read, understood, and voluntarily agree to the terms and conditions of this Agreement, including the release and assumption of risk clauses. I acknowledge the limitations of my legal rights and remedies under this Agreement and confirm that I am physically fit to operate the Vehicle. I agree to abide by all applicable laws and to ride at my own risk.