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 01 —   Rental 
 Agreement 

 01 — RENTAL 
 AGREEMENT 

 01 — RENTAL 
 AGREEMENT 

 01 —   Rental 
 Agreement 

 01 —   Rental 
 Agreement 

effective date :: November 30, 2018

effective date :: 
November 30, 2018

last updated :: December 21, 2018

last updated :: 
November 20, 2018

In consideration of Your use of any of the Services (defined below) provided by Dashee, LLC(“Dashee”), Dashee requires that You (“Rider,” “You,” or “Your”) (acting for all of Dashee's family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Rental Agreement (“Agreement”).

The services provided by Dashee include (1) Vehicle rentals, (2) the Dashee Application (“Dashee App”), (3) Customer Support, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by Dashee (collectively, the“Dashee Services” or “Services”).

You should CAREFULLY READ all terms and conditions before entering into this Agreement. Capitalized terms have the meanings given to them where defined in this Agreement.

THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF- RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 10 AND 18 BELOW.

In some instances, both this Agreement and separate guidelines, rules, or terms of use, setting forth additional or different terms and/or conditions will apply to Your use of the Dashee Services (in each such instance, and collectively, “Additional Terms”). The Additional Terms are incorporatedinto this Agreement by this reference. To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise. By using the Dashee Services, You acknowledge and accept the Dashee Privacy Policy, and consent to the collection and use of Your data in accordance with that policy.

Dashee expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

In consideration of Your use of any of the Services (defined below) provided by Dashee, LLC (“Dashee”), Dashee requires that You (“Rider,” “You,” or “Your”) (acting for all of Dashee's family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Rental Agreement (“Agreement”).

The services provided by Dashee include (1) Vehicle rentals, (2) the Dashee Application (“Dashee App”), (3) Customer Support, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by Dashee (collectively, the “Dashee Services” or “Services”).

You should CAREFULLY READ all terms and conditions before entering into this Agreement. Capitalized terms have the meanings given to them where defined in this Agreement.

THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OFRISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 10 AND 18 BELOW.

In some instances, both this Agreement and separate guidelines, rules, or terms of use, setting forth additional or different terms and/or conditions will apply to Your use of the Dashee Services (in each such instance, and collectively, “Additional Terms”). The Additional Terms are incorporated into this Agreement by this reference. To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise. By using the Dashee Services, You acknowledge and accept the Dashee Privacy Policy, and consent to the collection and use of Your data in accordance with that policy.

Dashee expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.

          01.1 — General Rental and Use of Vehicle

01.1 —

General Rental and Use of Vehicle.

       01.1.1 — Rider is Sole User. Dashee and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You rent a Vehicle through the Dashee App, the Vehicle may only be driven and operated by You. A “Vehicle” includes any scooter or other motorized mode of transportation, whether electric, powered by gasoline or other fuel source, rented to You under the terms of this Agreement, and as included in the Services. Any operation of a Vehicle by a person other than You with Your express or implied consent will result in a fee up to $150.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Rider, but may be assigned by Dashee without restriction. Any assignment attempted to be made by Rider in violation of this Section 1.1 shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.

01.1.1 — Rider is Sole User. Dashee and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You rent a Vehicle through the Dashee App, the Vehicle may only be driven and operated by You. A “Vehicle” includes any scooter or other motorized mode of transportation, whether electric, powered by gasoline or other fuel source, rented to You under the terms of this Agreement, and as included in the Services. Any operation of a Vehicle by a person other than You with Your express or implied consent will result in a fee up to $150.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Rider, but may be assigned by Dashee without restriction. Any assignment attempted to be made by Rider in violation of this Section 1.1 shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.

       01.1.2 — Rider is At Least 18 Years Old. Rider represents and certifies that Rider is at least 18 years old and is otherwise competent, willing and able to enter into the Agreement.

01.1.2 — Rider is At Least 16 Years Old. Rider represents and certifies that Rider is at least 16 years old and is otherwise competent, willing and able to enter into the Agreement.

       01.1.3 — Rider is a Competent Vehicle Operator. Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

01.1.3 — Rider is a Competent Vehicle Operator. Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

       01.1.4 — Vehicle is the Exclusive Property of Dashee. Rider agrees that the Vehicle and any equipment attached thereto, at all times, remain the exclusive property of Dashee. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Dashee equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Dashee equipment, for any advertising or other commercial purpose without the express written permission of Dashee.

01.1.4 — Vehicle is the Exclusive Property of Dashee. Rider agrees that the Vehicle and any equipment attached thereto, at all times, remain the exclusive property of Dashee. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Dashee equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Dashee equipment, for any advertising or other commercial purpose without the express written permission of Dashee.

       01.1.5 — Vehicle Operating Hours and Vehicle Availability. Rider agrees and acknowledges that although the Vehicles are available 24 hours a day, 7 days/week, 365 days per year, the number of Vehicles are limited and Vehicle availability is never guaranteed.

01.1.5 — Vehicle Operating Hours and Vehicle Availability. Rider agrees and acknowledges that although the Vehicles are available 24 hours a day, 7 days/week, 365 days per year, the number of Vehicles are limited and Vehicle availability is never guaranteed.

       01.1.6 — Limitation on Usage and Operation Area. Rider agrees to only use, operate, and/or ride the Vehicle within the Home Zones designated in the Dashee App.

01.1.6 — Limitation on Usage and Operation Area. Rider agrees to only use, operate, and/or ride the Vehicle within the Home Zones designated in the Dashee App.

       01.1.7 — Rider Must Follow Laws Regarding Use and/or Operation of Vehicle. Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider is also responsible for ensuring that any second person riding on a Vehicle is in compliance with all state and local laws, rules and regulations. Rider is responsible for payment of all tolls, parking passes, meters or fees required to lawfully park a Vehicle, including any citations issued and administrative fees chargedfor Rider’s failure to comply with posted parking laws and regulations or those laws and regulations known to Rider to exist in the area where Rider is operating a Vehicle. Rider also agrees to act with courtesy and respect toward others while using the Dashee Services.

01.1.7 — Rider Must Follow Laws Regarding Use and/or Operation of Vehicle. Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider is also responsible for ensuring that any second person riding on a Vehicle is in compliance with all state and local laws, rules and regulations. Rider is responsible for payment of all tolls, parking passes, meters or fees required to lawfully park a Vehicle, including any citations issued and administrative fees charged for Rider’s failure to comply with posted parking laws and regulations or those laws and regulations known to Rider to exist in the area where Rider is operating a Vehicle. Rider also agrees to act with courtesy and respect toward others while using the Dashee Services.

       01.1.8 — Prohibited Acts. Rider agrees to the following:

a. Dashee recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, Dashee recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely. Notwithstanding, at no time may Rider operate a Vehicle while carrying any bag, package or other item that prevents Rider from keeping both hands on the handlebars.

b. You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.

c. While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.

d. You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.

e. You may only carry a second person or child on a Vehicle that is designated as a twoperson Vehicle, and such second person must at all times ride in the seat designated on the Vehicle to accommodate the second person.

f. You may only use locking mechanisms provided by Dashee. You may not add another lock to the Vehicle or lock a Vehicle to anything.

g. The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space, including Your private home, apartment or other dwelling. You may not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.

h. The Vehicle must be parked in a space that is visible.

i. You may not use a Vehicle in any attempt or commission of a crime or other violation of law.

01.1.8 — Prohibited Acts. Rider agrees to the following:

a. Dashee recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, Dashee recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely. Notwithstanding, at no time may Rider operate a Vehicle while carrying any bag, package or other item that prevents Rider from keeping both hands on the handlebars.

b. You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.

c. While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.

d. You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.

e. You may only carry a second person or child on a Vehicle that is designated as a twoperson Vehicle, and such second person must at all times ride in the seat designated on the Vehicle to accommodate the second person.

f. You may only use locking mechanisms provided by Dashee. You may not add another lock to the Vehicle or lock a Vehicle to anything.

g. The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space, including Your private home, apartment or other dwelling. You may not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.

h. The Vehicle must be parked in a space that is visible. i. You may not use a Vehicle in any attempt or commission of a crime or other violation of law.

       01.1.9 — Vehicle is Intended for Only Limited Types of Use. Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

01.1.9 — Vehicle is Intended for Only Limited Types of Use. Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

       01.1.10 — Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle.

01.1.10 — Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle.

       01.1.11 — No Tampering. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Dashee Services other than as specified in this Agreement.

01.1.11 — No Tampering. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Dashee Services other than as specified in this Agreement.

       01.1.12 — Reporting of Damage or Crashes; Fees and Procedures.

Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to Dashee immediately, or as soon as possible, regardless of Rider’s actual or perceived fault, and give to Dashee all information relating to the occurrence, including a police report or report number, or a statement that the police refused to file a report. If an accident or crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department immediately, but not more than 1 hour after the crash. Failure by You to report to Dashee any occurrence as outlined above may result in a fee not to exceed $100. Failure by You to report to the local authorities as outlined above may result in an additional fee not to exceed $100. In the event of an accident or crash, You will be responsible for all trip fees for the Vehicle rented by You until the Vehicle is either recovered by Dashee, or in the possession of a towing company, whichever occurs first. You agree to pay Dashee a recovery fee of $120 to recover and return the Vehicle and, if required, the amount equal to the fee to release the Vehicle from the towing company. Fees are subject to change.

You may not leave the scene of the accident or crash unless, (a) the police have finished filing a report of the accident or crash (or if the police have refused to file a report for any reason, You have informed Dashee of the accident or crash in accordance with Section 1.12 of this Agreement), (b) following consultation with Dashee, all necessary measures have been taken to preserve evidence and mitigate damages, and (c) the Vehicle has either been recovered by Dashee or delivered to a towing company. Notwithstanding, Rider may leave the scene of the accident or crash to receive treatment for a medical emergency as determined by a trained medical responder.

Upon the occurrence of an accident or crash, Rider may not declare any assumption of fault or liability or make similar statements. If You make any such declaration or statement, they shall pertain only to You and not purport to be a declaration or statement made by Dashee. NeitherDashee nor Dashee’s insurer will be bound to any undertaking consequent to Your declaration or statement.

Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle. Rider also agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoeverarising out of Rider’s intentional or grossly negligent conduct.

YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO A VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.

01.1.12 — Reporting of Damage or Crashes; Fees and Procedures. Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to Dashee immediately, or as soon as possible, regardless of Rider’s actual or perceived fault, and give to Dashee all information relating to the occurrence, including a police report or report number, or a statement that the police refused to file a report. If an accident or crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department immediately, but not more than 1 hour after the crash. Failure by You to report to Dashee any occurrence as outlined above may result in a fee not to exceed $100. Failure by You to report to the local authorities as outlined above may result in an additional fee not to exceed $100. In the event of an accident or crash, You will be responsible for all trip fees for the Vehicle rented by You until the Vehicle is either recovered by Dashee, or in the possession of a towing company, whichever occurs first. You agree to pay Dashee a recovery fee of $120 to recover and return the Vehicle and, if required, the amount equal to the fee to release the Vehicle from the towing company. Fees are subject to change.

You may not leave the scene of the accident or crash unless, (a) the police have finished filing a report of the accident or crash (or if the police have refused to file a report for any reason, You have informed Dashee of the accident or crash in accordance with Section 1.12 of this Agreement), (b) following consultation with Dashee, all necessary measures have been taken to preserve evidence and mitigate damages, and (c) the Vehicle has either been recovered by Dashee or delivered to a towing company. Notwithstanding, Rider may leave the scene of the accident or crash to receive treatment for a medical emergency as determined by a trained medical responder.

Upon the occurrence of an accident or crash, Rider may not declare any assumption of fault or liability or make similar statements. If You make any such declaration or statement, they shall pertain only to You and not purport to be a declaration or statement made by Dashee. Neither Dashee nor Dashee’s insurer will be bound to any undertaking consequent to Your declaration or statement.

Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle. Rider also agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoever arising out of Rider’s intentional or grossly negligent conduct.

YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO A VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.

       01.1.13 — Rider Responsibility for Vehicle Use and Damage. Rider agrees to return the Vehicle to Dashee in the same condition in which it was rented. You agree that You will be responsible for the cost of repairing and/or replacing any Vehicle that You damage and/or cause damage to. Rider will not be responsible for normal wear and tear.

01.1.13 — Rider Responsibility for Vehicle Use and Damage. Rider agrees to return the Vehicle to Dashee in the same condition in which it was rented. You agree that You will be responsible for the cost of repairing and/or replacing any Vehicle that You damage and/or cause damage to. Rider will not be responsible for normal wear and tear.

       01.1.14 — Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:

a. The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).

b. The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.

c. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.

d. It is Rider's responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.

e. The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.

f. The Vehicle may run out of charging power and cease to operate at any time during Rider's rental of the Vehicle, including before reaching Rider's desired destination.

01.1.14 — Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:

a. The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).

b. The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.

c. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.

d. It is Rider's responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.

e. The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.

f. The Vehicle may run out of charging power and cease to operate at any time during Rider's rental of the Vehicle, including before reaching Rider's desired destination.

       01.1.15 — Charging of Vehicle. If the Vehicle runs out of charging power during a rental, Rider may (a)conclude the ride in compliance with all terms of this Agreement, (b) charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose, or (c) request that Dashee send a replacement battery to Rider’s location. In the event that Rider elects option (b), a charging cord is located in the seat of the Vehicle. In the event Rider elects option (c), Rider will be charged a $50 service fee. Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle. Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that Dashee will not reimburse Rider for such.

Consistent with Section 1.15, 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 charging of 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 Dashee and all other Released Persons (defined below in Section 18) 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.

01.1.15 — Charging of Vehicle. If the Vehicle runs out of charging power during a rental, Rider may (a)conclude the ride in compliance with all terms of this Agreement, (b) charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose, or (c) request that Dashee send a replacement battery to Rider’s location. In the event that Rider elects option (b), a charging cord is located in the seat of the Vehicle. In the event Rider elects option (c), Rider will be charged a $50 service fee. Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle. Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that Dashee will not reimburse Rider for such.

Consistent with Section 1.15, 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 charging of 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 Dashee and all other Released Persons (defined below in Section 18) 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.

          01.2 — Payment and Fees

01.2 —

Payment and Fees

       01.2.1 — Fees. Rider may use the Vehicle on a pay per ride basis, where charges accrue per minute, or as otherwise described for the Dashee Services. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Dashee. Dashee will charge the Rider (through credit or debit card or through another agreed payment method) the amount of the fees or charges as described in this Agreement or the Dashee App. Dashee reserves the right to refuse or to require a specific form of payment. Rider is responsible for any fees or penalties charged by a financial institution as a result of insufficient funds.

01.2.1 — Fees. Rider may use the Vehicle on a pay per ride basis, where charges accrue per minute, or as otherwise described for the Dashee Services. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Dashee. Dashee will charge the Rider (through credit or debit card or through another agreed payment method) the amount of the fees or charges as described in this Agreement or the Dashee App. Dashee reserves the right to refuse or to require a specific form of payment. Rider is responsible for any fees or penalties charged by a financial institution as a result of insufficient funds.

       01.2.2 — Deposit. Rider agrees to allow Dashee to place a hold in the amount of $500 on the credit or debit card provided by Rider as a deposit to be used in the event a Vehicle rented by Rider is damaged. In lieu of this deposit, however, Rider may instead purchase CDW insurance from Dashee through the Dashee App upon renting a Vehicle. The CDW coverage extends through a single rental period. Rider must pay a deposit for a subsequent rental period, or repurchase CDW coverage.

01.2.2 — Deposit. Rider agrees to allow Dashee to place a hold in the amount of $500 on the credit or debit card provided by Rider as a deposit to be used in the event a Vehicle rented by Rider is damaged. In lieu of this deposit, however, Rider may instead purchase CDW insurance from Dashee through the Dashee App upon renting a Vehicle. The CDW coverage extends through a single rental period. Rider must pay a deposit for a subsequent rental period, or repurchase CDW coverage.

       01.2.3 — Promo Codes. Promo codes (discounts) are one-time offers and can be redeemed only through the Dashee App. Dashee reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer per ride and may not be combined with other offers. Discounts are non-transferable and may not be resold.

01.2.3 — Promo Codes. Promo codes (discounts) are one-time offers and can be redeemed onlythr the Dashee App. Dashee reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer per ride and may not be combined with other offers. Discounts are non-transferable and may not be resold.

       01.2.4 — Maximum Rental Time and Charges. Dashee imposes no maximum rental times or charges. However, Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the use of the Vehicle. Notwithstanding, Dashee has the right to contact Rider at Dashee’s reasonable discretion to determine the whereabouts of a Vehicle. After Rider properly concludes a rental period, Rider will be charged the accumulated rental charges. Rider must end his or her rental according to the terms of this Agreement. Rider may not end, and in fact will be prevented from ending, a rental period outside of the designated Home Zones. Rider will be responsible for all charges and fees accumulated until Rider is able to properly end the rental within a Home Zone. Rider agrees that any notification given by Dashee to Rider that he or she is outside of a Home Zone is strictly a courtesy and in no way subjects Dashee to liability for any charges incurred by Rider as a result of Dashee’s failure to so notify Rider.

01.2.4 — Maximum Rental Time and Charges. Dashee imposes no maximum rental times or charges. However, Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the use of the Vehicle. Notwithstanding, Dashee has the right to contact Rider at Dashee’s reasonable discretion to determine the whereabouts of a Vehicle. After Rider properly concludes a rental period, Rider will be charged the accumulated rental charges. Rider must end his or her rental according to the terms of this Agreement. Rider may not end, and in fact will be prevented from ending, a rental period outside of the designated Home Zones. Rider will be responsible for all charges and fees accumulated until Rider is able to properly end the rental within a Home Zone. Rider agrees that any notification given by Dashee to Rider that he or she is outside of a Home Zone is strictly a courtesy and in no way subjects Dashee to liability for any charges incurred by Rider as a result of Dashee’s failure to so notify Rider.

       01.2.5 — Valid Credit Card or Debit Card. To use the Dashee Services, Rider must provide Dashee with a valid credit or debit card number, its expiration date and a valid driver’s license, which will be verified in the Dashee App. Rider represents and warrants to Dashee that Rider is authorized to use any credit or debit card Rider furnishes to Dashee. Rider authorizes Dashee to charge the card provided, or any subsequent card provided for the same rental, for all fees, charges and penalties incurred by Rider that are related to the Dashee Services to fully satisfy any amounts owing to Dashee. Rider agrees to immediately inform Dashee of all changes relating to the card information, including but not limited to, the expiration date and billing address. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Dashee. If Rider disputes any charge on Rider's credit or debit card account, then Rider must contact Dashee within 10 business days from the end of the month for which the disputed charge was incurred, and provide to Dashee all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the rental associated with the disputed charge.

01.2.5 — Valid Credit Card or Debit Card. To use the Dashee Services, Rider must provide Dashee with a valid credit or debit card number, its expiration date and a valid driver’s license, which will be verified in the Dashee App. Rider represents and warrants to Dashee that Rider is authorized to use any credit or debit card Rider furnishes to Dashee. Rider authorizes Dashee to charge the card provided, or any subsequent card provided for the same rental, for all fees, charges and penalties incurred by Rider that are related to the Dashee Services to fully satisfy any amounts owing to Dashee. Rider agrees to immediately inform Dashee of all changes relating to the card information, including but not limited to, the expiration date and billing address. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Dashee. If Rider disputes any charge on Rider's credit or debit card account, then Rider must contact Dashee within 10 business days from the end of the month for which the disputed charge was incurred, and provide to Dashee all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the rental associated with the disputed charge.

       01.2.6 — Pick Up Fees. If You are unable to return a Vehicle to a Home Zone or to an authorized location (i.e. You deactivate the Vehicle outside of a Home Zone, on private property, in a gated community, or in another unreachable area), and request that the Vehicle be picked up by Dashee staff, Dashee, at its sole discretion, may choose to charge You a pick-up fee up to $120. If any Vehicle rented by You is abandoned without notice as outlined above, You will be responsible for all rental charges until the Vehicle is recovered by Dashee and returned to a Home Zone or an authorized location, plus a service fee of $120 to recover the Vehicle. This fee is the equivalent to the fee charged in Section 1.12 for recovery of a Vehicle and may be charged only once. Fees are subject to change.

01.2.6 — Pick Up Fees. If You are unable to return a Vehicle to a Home Zone or to an authorized location (i.e. You deactivate the Vehicle outside of a Home Zone, on private property, in a gated community, or in another unreachable area), and request that the Vehicle be picked up by Dashee staff, Dashee, at its sole discretion, may choose to charge You a pick-up fee up to $120. If any Vehicle rented by You is abandoned without notice as outlined above, You will be responsible for all rental charges until the Vehicle is recovered by Dashee and returned to a Home Zone or an authorized location, plus a service fee of $120 to recover the Vehicle. This fee is the equivalent to the fee charged in Section 1.12 for recovery of a Vehicle and may be charged only once. Fees are subject to change.

       01.2.7 — Refund Policy. All purchase transactions made through the Dashee Services are subject to Dashee’s return policy in effect at the time of purchase. Currently, Dashee’s refund policy is to not offer any refunds for any Dashee Services, except in Dashee’s sole and absolute discretion.

01.2.7 — Refund Policy. All purchase transactions made through the Dashee Services are subject to Dashee’s return policy in effect at the time of purchase. Currently, Dashee’s refund policy is to not offer any refunds for any Dashee Services, except in Dashee’s sole and absolute discretion.

          01.3 — Additional Terms of Use

01.3 —

Additional Terms of Use

       01.3.1 — Safety Check. Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and agrees to immediately notify Dashee through the Dashee App of any problems.

01.3.1 — Safety Check. Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and agrees to immediately notify Dashee through the Dashee App of any problems.

       01.3.2 — Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) the Vehicle's GPS unit is disabled, (b) the Vehicle is parked on unauthorized private property, in a locked or gated area, or in any other non-public space for more than fifteen minutes after a ride ends, (c) the Vehicle moves more than thirty feet after a rental has ended and Dashee reasonably believes such movement was not caused by another Rider or authorized third party, or (d) other facts and circumstances that suggest to Dashee in its reasonable, good faith determination that a Vehicle has been lost or stolen. Dashee and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to Dashee in its reasonable, good faith determination. If Dashee deems a Vehicle lost or stolen, Dashee may charge Rider up to $500 if no deposit has been made or, if made, cause the $500 deposit to be charged to the credit or debit card provided by Rider. Dashee shall have the authority to take any and all further actions Dashee deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by Dashee’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to Dashee immediately, or as soon as possible, according to the reporting procedures contained in Section 1.12.

01.3.2 — Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) the Vehicle's GPS unit is disabled, (b) the Vehicle is parked on unauthorized private property, in a locked or gated area, or in any other non-public space for more than fifteen minutes after a ride ends, (c) the Vehicle moves more than thirty feet after a rental has ended and Dashee reasonably believes such movement was not caused by another Rider or authorized third party, or (d) other facts and circumstances that suggest to Dashee in its reasonable, good faith determination that a Vehicle has been lost or stolen. Dashee and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to Dashee in its reasonable, good faith determination. If Dashee deems a Vehicle lost or stolen, Dashee may charge Rider up to $500 if no deposit has been made or, if made, cause the $500 deposit to be charged to the credit or debit card provided by Rider. Dashee shall have the authority to take any and all further actions Dashee deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by Dashee’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to Dashee immediately, or as soon as possible, according to the reporting procedures contained in Section 1.12.

       01.3.3 — Helmets; Safety. Dashee recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer's instructions, and that complies with Federal Motorcycle Vehicle Safety Standard 218. Dashee and all other Released Persons (defined below in Section 18) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the Dashee Services, whether or not Rider is wearing a helmet at the time of injury. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the Vehicle is operated, Rider agrees to comply with such laws and regulations at all times. Rider assumes all risk of not wearing a helmet or other protective gear, including the assessment of penalties for violation of state or local laws. Rider acknowledges and agrees that he/she may need to take additional safety measures or precautions not specifically addressed in this Agreement to lawfully operate a Vehicle, and that determining whether Rider must do so is Rider’s sole responsibility.

Section 316.211, Florida Statutes, allows a person over the age of 21 to operate or ride upon a motorcycle or moped without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle. Notwithstanding, Rider agrees that he or she will wear a helmet at all times of Vehicle operation and to ensure that any second person riding on the Vehicle also wears an approved helmet. Failure to adhere to this obligation subjects Rider to the full ramifications of this Section 3.3 and all other sections of this Agreement.

01.3.3 — Helmets; Safety. Dashee recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer's instructions, and that complies with Federal Motorcycle Vehicle Safety Standard 218. Dashee and all other Released Persons (defined below in Section 18) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the Dashee Services, whether or not Rider is wearing a helmet at the time of injury. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the Vehicle is operated, Rider agrees to comply with such laws and regulations at all times. Rider assumes all risk of not wearing a helmet or other protective gear, including the assessment of penalties for violation of state or local laws. Rider acknowledges and agrees that he/she may need to take additional safety measures or precautions not specifically addressed in this Agreement to lawfully operate a Vehicle, and that determining whether Rider must do so is Rider’s sole responsibility.

Section 316.211, Florida Statutes, allows a person over the age of 21 to operate or ride upon a motorcycle or moped without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle. Notwithstanding, Rider agrees that he or she will wear a helmet at all times of Vehicle operation and to ensure that any second person riding on the Vehicle also wears an approved helmet. Failure to adhere to this obligation subjects Rider to the full ramifications of this Section 3.3 and all other sections of this Agreement.

       01.3.4 — Vehicle Routes. Rider agrees that Dashee does not provide or maintain places to ride Vehicles, and that Dashee does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.

01.3.4 — Vehicle Routes. Rider agrees that Dashee does not provide or maintain places to ride Vehicles, and that Dashee does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.

       01.3.5 — Limitations on Vehicle Rental. Rider agrees that Dashee is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Dashee provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

01.3.5 — Limitations on Vehicle Rental. Rider agrees that Dashee is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Dashee provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

       01.3.6 — Limitations on Availability of Dashee Services. Dashee makes every effort to provide Dashee Services consistently during our applicable hours of operation, but does not guarantee that Dashee Services will be available at all times, as unforeseen events or other circumstances might prevent Dashee from providing the Dashee Services. Access to Dashee Services is also conditioned on the availability of Vehicles. Dashee does not represent or warrant the availability of any of Dashee Services or the availability of any Vehicle at any time. All Vehicles are available on a first come, first served basis. Rider agrees that Dashee may require Rider to return a Vehicle at any time, without cause, and that Rider is responsible only for the fees incurred during the rental period assessed by Dashee prior to the termination of the rental.

01.3.6 — Limitations on Availability of Dashee Services. Dashee makes every effort to provide Dashee Services consistently during our applicable hours of operation, but does not guarantee that Dashee Services will be available at all times, as unforeseen events or other circumstances might prevent Dashee from providing the Dashee Services. Access to Dashee Services is also conditioned on the availability of Vehicles. Dashee does not represent or warrant the availability of any of Dashee Services or the availability of any Vehicle at any time. All Vehicles are available on a first come, first served basis. Rider agrees that Dashee may require Rider to return a Vehicle at any time, without cause, and that Rider is responsible only for the fees incurred during the rental period assessed by Dashee prior to the termination of the rental.

          01.4 — Communications with Rider

01.4 —

Communications with Rider

       01.4.1 — Methods of Communication. You agree that Dashee may contact You on any platform provided by You to Dashee with regard to any matter related to provision of the Dashee Services, including but not limited to, on Facebook, Twitter, WhatsApp, Instagram or through the Dashee App, by email, mail, text message or telephone.

01.4.1 — Methods of Communication. You agree that Dashee may contact You on any platform provided by You to Dashee with regard to any matter related to provision of the Dashee Services, including but not limited to, on Facebook, Twitter, WhatsApp, Instagram or through the Dashee App, by email, mail, text message or telephone.

       01.4.2 — Monitoring of Communications. You acknowledge that any methods of communications included in Section 4.1 to or from Dashee may be monitored and recorded and You agree to such monitoring and recording.

01.4.2 — Monitoring of Communications. You acknowledge that any methods of communications included in Section 4.1 to or from Dashee may be monitored and recorded and You agree to such monitoring and recording.

       01.4.3 — Verification of Information Provided. You verify that any contact information provided to Dashee, including but not limited to, Your name, email address, and Your mobile telephone number is true and accurate. You verify that You are the current user, subscriber or owner of any telephone number or social media profile that You provide to Dashee. Should any of Your contact information change, including Your telephone number, You agree to notify us immediately. You agree to indemnify, defend, and hold Dashee harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information, Your voluntary provision of a contact information that is not Your own, and/or from Your violation of any federal, state, or local law, regulation, or ordinance, including but not limited to the Telephone Consumer Protection Act.

01.4.3 — Verification of Information Provided. You verify that any contact information provided to Dashee, including but not limited to, Your name, email address, and Your mobile telephone number is true and accurate. You verify that You are the current user, subscriber or owner of any telephone number or social media profile that You provide to Dashee. Should any of Your contact information change, including Your telephone number, You agree to notify us immediately. You agree to indemnify, defend, and hold Dashee harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information, Your voluntary provision of a contact information that is not Your own, and/or from Your violation of any federal, state, or local law, regulation, or ordinance, including but not limited to the Telephone Consumer Protection Act.

          01.5 — Termination

01.5 —

Termination

       01.5.1 — Termination by Dashee. At any time and from time to time, and without Rider's consent, Dashee may unilaterally terminate Rider's right to use the Dashee Services, in Dashee's sole discretion and without any notice or cause. Rider may terminate Rider's use of the Dashee Services at any time, with or without cause, but not in contravention of this Agreement, provided that (i) no refund will be provided by Dashee, (ii) the terms of this Agreement continues in accordance with this Agreement, and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider's right to use any of the Dashee Services, regardless of how the Agreement is terminated.

       01.5.1 — Termination by Dashee. At any time and from time to time, and without Rider's consent, Dashee may unilaterally terminate Rider's right to use the Dashee Services, in Dashee's sole discretion and without any notice or cause. Rider may terminate Rider's use of the Dashee Services at any time, with or without cause, but not in contravention of this Agreement, provided that (i) no refund will be provided by Dashee, (ii) the terms of this Agreement continues in accordance with this Agreement, and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider's right to use any of the Dashee Services, regardless of how the Agreement is terminated.

01.5.1 — Termination by Dashee. At any time and from time to time, and without Rider's consent, Dashee may unilaterally terminate Rider's right to use the Dashee Services, in Dashee's sole discretion and without any notice or cause. Rider may terminate Rider's use of the Dashee Services at any time, with or without cause, but not in contravention of this Agreement, provided that (i) no refund will be provided by Dashee, (ii) the terms of this Agreement continues in accordance with this Agreement, and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider's right to use any of the Dashee Services, regardless of how the Agreement is terminated.

          01.6 — Confidentiality of Information; Privacy Policies

01.6 —

Confidentiality of Information; Privacy Policies

You understand and agree that all personal information that is held by Dashee and pertains to Riders, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Dashee in accordance with its Privacy Policy located within the Dashee App.

You understand and agree that all personal information that is held by Dashee and pertains to Riders, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Dashee in accordance with its Privacy Policy located within the Dashee App.

          01.7 — License to Image and Likeness

01.7 —

License to Image and Likeness

For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Dashee and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Dashee Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Dashee and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Dashee Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Dashee may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 18) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Dashee and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Dashee Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Dashee and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Dashee Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Dashee may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 18) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

          01.8 — Notice

01.8 —

Notice

Dashee may be contacted through the Dashee App.

Dashee may be contacted through the Dashee App.

          01.9 — Choice of Law; Dispute Resolution

 01.9 —

Choice of Law; Dispute Resolution

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Florida, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Florida and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Miami-Dade County, Florida.

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Florida, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Florida and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in MiamiDade County, Florida.

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Florida, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Florida and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in MiamiDade County, Florida.

          01.10 — Binding Arbitration and Class Action Waiver

01.10 —

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.

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

          01.10.1 — Dispute Resolution

01.10.1 —

Dispute Resolution

Certain portions of this Section 10 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Dashee expressly agree and intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act.

Certain portions of this Section 10 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Dashee expressly agree and intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act.

          01.10.2 — Initial Dispute Resolution Process (IDRP)

01.10.2 —

Initial Dispute Resolution Process (IDRP)

If any controversy, allegation, or claim arises out of or relates to the Dashee Services, this Agreement, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Dashee’s actual or alleged intellectual property rights (an “Excluded Dispute”), then You and Dashee agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide us. However, if no such information exists or if such information is not current, then We have no obligation under this Section 10.2. Your notice to us must be sent through the Dashee App. For a period of sixty (60) days from the date of receipt of notice from the other party, Dashee and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or Dashee to resolve the Dispute or Excluded Dispute on terms with respect to which You or Dashee, in each of our sole discretion, is not comfortable.

If any controversy, allegation, or claim arises out of or relates to the Dashee Services, this Agreement, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Dashee’s actual or alleged intellectual property rights (an “Excluded Dispute”), then You and Dashee agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide us. However, if no such information exists or if such information is not current, then We have no obligation under this Section 10.2. Your notice to us must be sent through the Dashee App. For a period of sixty (60) days from the date of receipt of notice from the other party, Dashee and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or Dashee to resolve the Dispute or Excluded Dispute on terms with respect to which You or Dashee, in each of our sole discretion, is not comfortable.

          01.10.3 — Binding Arbitration

01.10.3 —

Binding Arbitration

If the parties do not reach an agreed upon solution through the IDRP, then either party may initiate binding arbitration as the sole means to resolve any Dispute (or an Excluded Dispute if agreed upon in writing), WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, subject to the terms set forth below. Specifically, all Disputes shall be settled by binding arbitration administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), or alternatively a mutually agreed upon arbitrator or arbitration service, under the then current applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes, including any arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, and any claim that all or any part of this Agreement are void or voidable, subject to any exceptions contained in this Agreement, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim or Dispute. The arbitrator's award shall be written and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Dashee will pay the additional cost. The prevailing party in the arbitration shall be entitled to an award of attorneys’ fees and costs, to the extent that such fees and costs are awardable, as long as the Arbitrator includes such an award in the written decision. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If the parties do not reach an agreed upon solution through the IDRP, then either party may initiate binding arbitration as the sole means to resolve any Dispute (or an Excluded Dispute if agreed upon in writing), WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, subject to the terms set forth below. Specifically, all Disputes shall be settled by binding arbitration administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), or alternatively a mutually agreed upon arbitrator or arbitration service, under the then current applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes, including any arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, and any claim that all or any part of this Agreement are void or voidable, subject to any exceptions contained in this Agreement, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim or Dispute. The arbitrator's award shall be written and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Dashee will pay the additional cost. The prevailing party in the arbitration shall be entitled to an award of attorneys’ fees and costs, to the extent that such fees and costs are awardable, as long as the Arbitrator includes such an award in the written decision. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

          01.10.4 — Limited Time to File Claims

01.10.4 —

Limited Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR DASHEE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR DASHEE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth herein; (b) filing for arbitration with JAMS as set forth herein; or (c) filing an action in state or Federal court.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR DASHEE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR DASHEE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth herein; (b) filing for arbitration with JAMS as set forth herein; or (c) filing an action in state or Federal court.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR DASHEE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR DASHEE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth herein; (b) filing for arbitration with JAMS as set forth herein; or (c) filing an action in state or Federal court.

          01.10.5 — Injunctive Relief

01.10.5 —

Injunctive Relief

The foregoing provisions of this Section 10 will not apply to any legal action taken by Dashee to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Dashee Services or Dashee’s intellectual property rights (including those that Dashee may claim are in dispute), or Dashee’s operations.

The foregoing provisions of this Section 10 will not apply to any legal action taken by Dashee to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Dashee Services or Dashee’s intellectual property rights (including those that Dashee may claim are in dispute), or Dashee’s operations.

          01.10.6 — Location

01.10.6 —

Location

The arbitration will take place in Miami-Dade County, Florida, or a mutually agreed upon location.

The arbitration will take place in Miami-Dade County, Florida, or a mutually agreed upon location.

          01.10.7 — Class Action Waiver

01.10.7 —

Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DASHEE 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. However, if for any reason any court of competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 10 to arbitrate will not apply and the Dispute must be brought exclusively in court. Notwithstanding any other provision of this Section 10, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “Class Action Waiver” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DASHEE 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. However, if for any reason any court of competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 10 to arbitrate will not apply and the Dispute must be brought exclusively in court. Notwithstanding any other provision of this Section 10, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “Class Action Waiver” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

          01.10.8 — Litigation of Intellectual Property and Small Claims Court Claims

01.10.8 —

Litigation of Intellectual Property and Small Claims Court Claims

Either party may bring an action regarding an Excluded Dispute in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights or those intellectual property rights covered by Section 7 herein). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

Either party may bring an action regarding an Excluded Dispute in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights or those intellectual property rights covered by Section 7 herein). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

          01.10.9 — Right to Opt Out

01.10.9 —

Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out through the Dashee App. The notice must be sent within 30 days of the effective date of this Agreement or your first use of the Dashee Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Agreement. If you opt-out of these arbitration provisions, Dashee will not be bound by them.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out through the Dashee App. The notice must be sent within 30 days of the effective date of this Agreement or your first use of the Dashee Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Agreement. If you opt-out of these arbitration provisions, Dashee will not be bound by them.

          01.10.10 — Changes to this Section

01.10.10 —

Changes to this Section

Dashee will provide prior written notice to You of any changes to this Section 10. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.

Dashee will provide prior written notice to You of any changes to this Section 10. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.

          01.10.11 — Jurisdiction; Service of Process

01.10.11 —

Jurisdiction; Service of Process

For any dispute not subject to arbitration, You and Dashee agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Miami-Dade County, Florida. You further agree to accept service of process by mail or email, and hereby waive any and all jurisdictional and venue defenses otherwise available to the full extent possible.

For any dispute not subject to arbitration, You and Dashee agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Miami-Dade County, Florida. You further agree to accept service of process by mail or email, and hereby waive any and all jurisdictional and venue defenses otherwise available to the full extent possible.

          01.11 — Waiver and Severability

01.11 —

Waiver and Severability

No failure to enforce or waiver of any breach of any provision of this Agreement is a waiver of any other provision or of any other breach of this Agreement. Any waiver not expressly stated in this Agreement must be signed and in writing. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other of the provisions may be invalid or unenforceable in whole or in part. If any provision or provisions of this Agreement is or are found to be unenforceable as written, the court may reform the particular provision or provisions to make them enforceable according to the governing law and the intentions of the parties to this Agreement.

No failure to enforce or waiver of any breach of any provision of this Agreement is a waiver of any other provision or of any other breach of this Agreement. Any waiver not expressly stated in this Agreement must be signed and in writing. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other of the provisions may be invalid or unenforceable in whole or in part. If any provision or provisions of this Agreement is or are found to be unenforceable as written, the court may reform the particular provision or provisions to make them enforceable according to the governing law and the intentions of the parties to this Agreement.

          01.12 — Cumulative Remedies

01.12 —

Cumulative Remedies

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

          01.13 — Survival

01.13 —

Survival

The provisions of this Agreement that are intended to survive the termination of the Agreement by their nature will survive the termination of this Agreement.

The provisions of this Agreement that are intended to survive the termination of the Agreement by their nature will survive the termination of this Agreement.

          01.14 — Force Majeure

01.14 —

Force Majeure

Neither Dashee nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.

Neither Dashee nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.

          01.15 — Final Agreement; Modification by Dashee

01.15 —

Final Agreement; Modification by Dashee

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider's consent, Dashee may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Dashee Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever an amendment, modification, or change is made to this Agreement, Dashee will post a notification on its Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider's consent, Dashee may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Dashee Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever an amendment, modification, or change is made to this Agreement, Dashee will post a notification on its Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

          01.16 — Contract Interpretation

01.16 —

Contract Interpretation

The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not to be exclusive in its meaning. "Including" means "including, but not limited to." Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not to be exclusive in its meaning. "Including" means "including, but not limited to." Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

          01.17 — Voluntary Execution of this Agreement

01.17 —

Voluntary Execution of this Agreement

This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Dashee. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.

This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Dashee. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.

          01.18 — Releases; Disclaimers; Assumption of Risk

01.18 —

Releases; Disclaimers; Assumption of Risk

In exchange for Rider being allowed to use the Dashee Services, Vehicles, and other equipment or related information provided by Dashee, Rider agrees to fully release, indemnify, and hold harmless Dashee and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide Dashee Services, and every sponsor of any of the Dashee Services and all of the sponsor's owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the "Released Persons") from liability for all Claims arising out of or in any way related to Rider's use of the Dashee Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons' alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons' gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims.

“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney's fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Dashee Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Rider's use of any of the foregoing.

You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims. Released Persons reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an authorized officer of a Released Persons.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS TO RIDER'S USE OF ANY OF THE DASHEE SERVICES, VEHICLES, OR RELATED EQUIPMENT, DASHEE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE DASHEE SERVICES, VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND RIDER RELIES ON THEM AT RIDER’S OWN RISK.

Rider is aware that Rider's use of any of the Dashee Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:

a. Vehicles and other objects;

b. Pedestrians;

c. Traffic;

d. Vehicle or component malfunction;

e. Road conditions;

f. Weather conditions;

g. Failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;

h. Commission of any of the prohibited acts listed in Section 1.8;

i. Failure to perform the required safety check pursuant to Section 3.1;

j. Failure to wear a helmet as required by law or recommended in this Agreement; and

k. Negligent acts or omissions by Dashee, any other Released Person, Rider, or third party.

Rider is solely and fully responsible for the safe operation of a Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.

To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Dashee, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any Claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of Dashee Services, and expressly waives Rider's rights under any statutes that purport to preserve Rider's unknown claims.

In exchange for Rider being allowed to use the Dashee Services, Vehicles, and other equipment or related information provided by Dashee, Rider agrees to fully release, indemnify, and hold harmless Dashee and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide Dashee Services, and every sponsor of any of the Dashee Services and all of the sponsor's owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the "Released Persons") from liability for all Claims arising out of or in any way related to Rider's use of the Dashee Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons' alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons' gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims.

“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney's fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Dashee Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Rider's use of any of the foregoing.

You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims. Released Persons reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an authorized officer of a Released Persons.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS TO RIDER'S USE OF ANY OF THE DASHEE SERVICES, VEHICLES, OR RELATED EQUIPMENT, DASHEE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE DASHEE SERVICES, VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND RIDER RELIES ON THEM AT RIDER’S OWN RISK.

Rider is aware that Rider's use of any of the Dashee Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:

a. Vehicles and other objects;

b. Pedestrians;

c. Traffic;

d. Vehicle or component malfunction;

e. Road conditions;

f. Weather conditions;

g. Failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;

h. Commission of any of the prohibited acts listed in Section 1.8;

i. Failure to perform the required safety check pursuant to Section 3.1;

j. Failure to wear a helmet as required by law or recommended in this Agreement; and

k. Negligent acts or omissions by Dashee, any other Released Person, Rider, or third party.

Rider is solely and fully responsible for the safe operation of a Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.

To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Dashee, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any Claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of Dashee Services, and expressly waives Rider's rights under any statutes that purport to preserve Rider's unknown claims.

RIDER ACCEPTANCE OF AGREEMENT

RIDER ACCEPTANCE OF AGREEMENT

I certify that I have read and expressly agree to the terms and conditions of Section 1 8 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.

I certify that I am the Rider, I am at least 18 years old, I will wear a helmet according to the terms of this Agreement, I am responsible for any second person riding on a Vehicle that I rent according to the terms of this Agreement, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.

I certify that I have read and expressly agree to the terms and conditions of Section 1 8 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.

I certify that I am the Rider, I am at least16 years old, I will wear a helmet according to the terms of this Agreement, I am responsible for any second person riding on a Vehicle that I rent according to the terms of this Agreement, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.

01 — company

01 — company

01 — company

01 — company

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© 2018-2019 Dashee. 
All rights reserved.

© 2018 Dashee. 
All rights reserved.

© 2018 Dashee. 
All rights reserved.

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