Rider Agreement - tootlebike.ca

Tootle Rental

Agreement, Waiver of Liability and Release

Effective Date: May 01, 2024

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF Tootle In consideration of your (“Rider,” “You” or “Your”) use of any of Tootle service (as defined herein) provided by Tootle, Tootle requires that You (acting on behalf of all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all of the terms and conditions contained in this Tootle Agreement, Waiver of Liability, and Release (“Agreement”). The services provided by Tootle include: (1) the Tootle mobile application ("Tootle App") and the Tootle website (https://www.tootlebike.ca, referred to as "Tootle Site"); (2) all related equipment, personnel, services, applications, websites, and information provided by Tootle (collectively referred to as "Tootle Services"). In addition to the Terms of Service, located at https://www.tootlebike.ca/terms-and-conditions, that You expressly agreed to when you signed up to use the Coast Services, You should CAREFULLY READ this Agreement in its entirety. 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 9 AND 15 BELOW Tootle expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set forth herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Canadian dollars.

1. GENERAL RENTAL AND USE OF VEHICLE.

1.1 Rider is Sole User.

Tootle 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 activate a Vehicle, the Vehicle must be used only by You. You must not allow any other persons to use a Vehicle that You have activated.

1.2 Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by the Rider, but may be assigned by Tootle without restriction or notification to the Rider.

1.2 Rider is At Least 18 Years Old if operating a motorized vehicle.

Rider represents and certifies that Rider is at least 18 years old. Persons under the age of 18 years old are prohibited from using or accessing the Tootle Services. Furthermore, by using a Tootle vehicle, the Rider acknowledges that your use of an unpowered vehicle may require mental and/or physical exertion. The Rider represents and warrants that you are of appropriate mental and physical condition to engage in any activities connected to their use of the Tootle Services.

1.3 Rider is a Competent Vehicle Operator.

Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and that he/she is reasonably competent and physically fit to ride the Vehicle. This information may be updated periodically. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks, as more fully detailed in Section 15 of this Agreement, for any injuries or medical conditions, including death, as well as property damage, incurred while utilizing the Tootle Services. You are responsible for determining whether conditions, including, but not limited to, rain, fog, snow, hail, ice, heat, or electrical storms, make it dangerous or hazardous to operate a Vehicle. By choosing to operate a Vehicle in such conditions, you agree to indemnify and hold harmless Tootle from any accident, injury, or loss arising directly from your decision to utilize the service in these sub-optimal weather or traffic conditions. You are advised to adjust Your riding behavior and braking distance in relation to all conditions, including, without limitation, the weather, visibility, surrounding environment and traffic conditions.

1.4 Vehicle is the Exclusive Property of Tootle .

Rider agrees that the Vehicle and any and all equipment attached thereto, at all times, remain the exclusive property of Tootle. You must not dismantle, deface, write on, repair, or otherwise modify, a Vehicle, any part of a Vehicle or other Tootle 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 any other Tootle equipment, for any advertising or other commercial purpose, including subleasing, without the express prior written consent of Tootle.

1.5 Vehicle Operating Hours and Vehicle Availability.

Rider agrees and acknowledges that when Vehicles are available to rent during operational hours, there is a finite number of Vehicles, and Tootle does not guarantee Vehicle availability. Tootle disclaims liability for any loss caused as a result of the non-availability of a Tootle Vehicle.

1.6 Vehicle May be Used and/or Operated only in Municipal Limits.

Rider agrees to only use, operate, and/or ride the Vehicle within the Municipal Limits of the city, town or village as defined by the fleet's operational guidelines..

1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle.

Rider shall strictly adhere to all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including but not limited to all applicable federal, provincial and local laws, rules, and regulations pertaining to vehicles in the area where You are operating the Vehicle. This includes, without limitation, any helmet laws and any laws regarding the use of mobile devices while operating the Vehicle. Rider shall act with utmost safety, courtesy, and respect toward others while using the Tootle Services. Any violation of this provision may result in immediate termination of this Agreement and Rider's access to the Tootle Services.

1.8 Prohibited Acts. Rider agrees to adhere to the following prohibitions in order to ensure the safety of the rider, others, and the Vehicle:

● tootle prohibits 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 bring such an item onto a Vehicle, such item must fit snugly to Your body and not impede, in any way, Your ability to safely operate the Vehicle.

● You must not place objects on the handlebar of the Vehicle which in anyway interferes with your ability to properly and safely operate the Vehicle.

● While riding a Vehicle, You must not use any cellular telephone, text messaging device, mobile communications device, portable music player, or any other device that may distract You from safely operating the Vehicle or the use of which is otherwise prohibited by any applicable laws, rules or regulations.

● 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 or otherwise impair your judgment.

● Only one rider is permitted on a Vehicle at any time.

● No animals or pets are permitted to ride on a Vehicle.

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

● 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. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down. The vehicle should not be parked in a manner that obstructs pedestrian walkways, access to properties, or in any way that may cause inconvenience to the public or private property owners.

Liability Limitation and Indemnification for Prohibited Acts

The Rider acknowledges and agrees that Tootle shall not be liable for any loss, damage, injury, or any other claim arising from the Rider's engagement in any Prohibited Acts as defined in Section 1.8 of this Agreement. The Rider hereby agrees to indemnify, defend, and hold harmless Tootle, its affiliates, officers, directors, agents, and employees from any and all third-party claims, demands, liabilities, costs, and expenses, including reasonable attorney's fees, arising from or related to the Rider's engagement in Prohibited Acts under this Agreement. This indemnification obligation shall survive the termination or expiration of this Agreement.

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 where the use of the Vehicle 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 applicable law, rule, ordinance or regulation. Any violation of these use restrictions will result in immediate termination of the rental agreement, and may also result in additional fees, penalties, and legal actions.

1.10 Weight and Cargo Limits.

The User shall not exceed the maximum weight limit for the Vehicle, which is stipulated to be 300 lbs. Any violation of this weight limit shall be considered a breach of this contract and may result in penalties as outlined in the Penalties and Remedies section of this agreement.

1.11 No Tampering.

You must not tamper with, disrupt, or attempt to gain unauthorized access to the Tootle Services, or use the Tootle Services in any manner that could damage, disable, overburden, or impair the Tootle Services, or interfere with any other party's use and enjoyment of the Tootle Services, other than as expressly specified in this Agreement. Any violation of this clause may result in immediate termination of this Agreement and potential legal action.

1.12 Reporting of Damage or Crashes:

In the event of any accident, crash, damage, personal injury, or theft involving a Tootle vehicle, the rider must report it to Tootle immediately. Additionally, a report must be filed with the local police department within 24 hours if there is personal injury or property damage, or if the vehicle is stolen. The rider will be held responsible and liable for any and all costs and expenses related to their use of Tootle services, including misuse, consequences, demands, losses, liabilities, damages, injuries, deaths, property damage, penalties, attorney's fees, judgments, suits, or disbursements.

1.13 Rider Responsibility for Vehicle Use and Damage.

Rider agrees to return the Vehicle to tootle in the same condition in which it was rented, provided, however, Rider will not be responsible for normal wear and tear of the Vehicle.

1.14 Electric Vehicle.

Some Vehicles are electric and require periodic charging to function. Rider must use the Vehicle cautiously and keep in mind its limitations and requirements as an electric Vehicle. Rider understands and agrees to the following:

(i) The charge power of the Vehicle will decrease with use, resulting in a decrease in speed and other functions.

(ii) The initial charge power of the Vehicle is not guaranteed and will vary with each use.

(iii) The rate of charge loss depends on factors such as road and weather conditions, and Rider's weight.

(iv) Rider is responsible for checking the charge power and ensuring it is sufficient before operating the Vehicle.

(v) The distance and time the Vehicle can run on a charge is not guaranteed.

● The Vehicle may lose power or stop functioning at any time during the rental, especially if it is misused or abused by Rider.

1.15 Insurance.

It is the Rider's sole responsibility to ensure that they have sufficient insurance coverage in case of any accidents or injuries involving themselves or a Third Party while using a Tootle vehicle. The Rider also agrees to take any necessary steps to allow Tootle to be

included as an insured party under their policy in the event of an accident, injury, or loss. Please contact your automotive insurance company or agent to determine if your personal policy provides coverage for such incidents.

1.16 AS IS CLAUSE AND DISCLAIMER OF WARRANTIES

The Rider acknowledges and agrees that all vehicles, services, and any related equipment provided under this Agreement by Tootle are provided on an "as is" and "as available" basis. While Tootle makes reasonable efforts to ensure that vehicles and services are properly maintained and in good working condition, Tootle expressly disclaims all representations and warranties, whether express or implied, as to the performance, safety, reliability, durability, and fitness for a particular purpose of any vehicle, service, or related equipment provided. This includes, but is not limited to, warranties of merchantability and fitness for a particular purpose. The Rider acknowledges that, due to the nature of the services and the inherent risks associated with operating a vehicle, Tootle cannot guarantee that the use of its vehicles or services will be uninterrupted, error-free, or completely secure. The Rider assumes all risk and responsibility for any loss, damage, or injury, including but not limited to personal injury or property damage, arising out of or related to the use of Tootle’s vehicles, services, or related equipment.

2. PAYMENT AND FEES.

2.1 Fees.

Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the pricing provided on the Tootle App or the Tootle Website. 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 Tootle. Tootle will charge the Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.

2.2 Promo Codes.

Promo codes for discounts are special codes that can be used to receive a discount on Tootle, a ride-sharing app. These codes are single-use and can only be redeemed through the Tootle App. Tootle holds the right to change or cancel these discounts at any time. Each customer and account is limited to one code and they cannot be combined with other offers. These discounts cannot be shared or sold to others.

2.3 Non-Return and Abandonment of Vehicle

If you cannot bring back the vehicle to the place you rented it from and ask for tootle staff to pick it up, tootle may charge you a fee of up to $25. If you leave a rented vehicle without informing tootle, you will have to pay all rental fees until tootle retrieves and deactivates the vehicle, as well as the pick-up fee. All fees, including the pick-up fee, may change.

2.6 Security Deposit

Upon renting a Vehicle, Rider will be charged a refundable security deposit in the amount of $25.00. Such security deposit will be refunded to the Rider upon the return of the Vehicle in same condition as when it was initially rented, normal wear and tear excepted.

2.7 Limitation of Liability for Pricing Errors

In the event that any service provided by Tootle is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Tootle shall have the right to refuse or cancel any orders placed for service listed at the incorrect price. Tootle shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Tootle shall issue a credit to your credit card account in the amount of the incorrect price. Under no circumstances shall Tootle be liable for any amount exceeding the difference between the incorrect price and the correct, valid price of the service.

3. ADDITIONAL TERMS OF USE.

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 tear or any other visible and obvious mechanical issues or maintenance needs. Rider agrees (i) not to ride the Vehicle if there are any noticeable issues with respect to the foregoing; and (ii) to immediately notify tootle customer service of any such issues. Tootle shall not be

liable for any damages, injuries, or losses resulting from the Rider's failure to conduct the pre-use safety check as outlined above.

3.3 Helmets; Safety.

Tootle strongly recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet while using the Tootle Services. However, if the Rider chooses not to wear a helmet, they fully acknowledge and accept that Tootle and all other Released Persons (as defined in Section 15 of this Agreement) are not liable for any injury, including death, that may occur while using the Tootle Services. This includes any risks or hazards that may arise due to the lack of a helmet or other protective gear. Tootle does not make any representations or warranties regarding the quality or safety of any helmet, and the Rider assumes all responsibility for their decision to not wear one. It is the Rider's responsibility to take any necessary safety precautions not mentioned in this Agreement. By using the Tootle Services without a helmet, the Rider agrees to release Tootle and all Released Persons from any and all liability.

3.4 Vehicle Routes.

Rider agrees that Tootle does not provide or maintain places to ride Vehicles, and that Tootle 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.

3.5 Restrictions on Vehicle Rental

By using Tootle's vehicle rental services, Rider acknowledges that Tootle is not a common carrier. While Tootle strives to provide convenient transportation options, it is not intended to replace, supplant or supersede other forms of personal or public transportation. Rider must possess the necessary qualifications and skills to operate the vehicle independently and must agree to all terms and conditions outlined in this Agreement. Alternative means of transportation are readily available to the public, including public transportation, taxis, and pedestrian paths. Therefore, Tootle's vehicle rental services are specifically designed for individuals who meet the aforementioned criteria.

3.6 Limitations on Availability of tootle Services.

Tootle endeavors to provide the Tootle Services, including access to its Vehicles and the Tootle App and Website, on a continuous basis. However, Rider acknowledges and agrees that Tootle Services, including the availability of Vehicles, may be limited due to maintenance, updates, repairs, changes in Tootle's service areas, force majeure events (including, but not limited to, natural disasters, public emergencies, and other events beyond Tootle's control), and other circumstances that may arise from time to time. Tootle reserves the right, without prior notice, to modify, suspend, or discontinue any or all of the Tootle Services at any time for any reason without liability to Rider or any third party. Tootle does not guarantee the availability of the Tootle Services or the availability of Vehicles at any specific times or locations. Rider is encouraged to plan accordingly and to have alternative means of transportation available, especially during times when Tootle Services may be more likely to be limited. Tootle will make reasonable efforts to inform Rider of significant disruptions to Tootle Services when feasible.

4. TERMINATION.

4.1 Termination by Tootle: Tootle reserves the right to unilaterally terminate Rider's access to the Tootle Services, without notice or cause, at its sole discretion. Rider may also terminate their use of the Tootle Services at any time, but no refunds will be provided and applicable fees may still be charged. This Agreement will remain in full force and effect after termination, regardless of the responsible party.

5.1 Confidentiality of Information and Privacy.

Tootle acknowledges the importance of protecting the Rider’s confidential information. Accordingly, Tootle shall make reasonable efforts to safeguard the confidentiality and privacy of the Rider's information, including personal data collected through the use of the Tootle Services. This shall include, but is not limited to, employing standard industry practices for data security and privacy protection. However, Rider acknowledges that, despite Tootle’s best efforts, breaches of data security may occur, and unauthorized access to or acquisition of personal data cannot be fully eliminated. Accordingly, Tootle disclaims any liability for any such breaches that occur beyond Tootle's control, and Rider agrees that Tootle shall not be liable for any incidental, consequential, or punitive damages resulting from such breaches. Tootle's privacy practices are further detailed in its Privacy Policy, located at https://www.tootlebike.ca/privacy-policy, which is incorporated by reference into this Agreement. Rider is encouraged to review the Privacy Policy to understand how Tootle collects, uses, and protects Rider's personal information.

https://www.tootlebike.ca/privacy-policy.

6. 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: (i) give Your full and unconditional consent to Tootle and its affiliates, successors, and assigns to use at any time, and from time to time, Your appearance and voice in photographs, videos and other recordings related to Your use of the Tootle Services, on all mediums, including on 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, provided that such use does not misrepresent or defame you, provided that such use is directly related to your use of the Tootle Services; (ii) grant to Tootle 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 Tootle 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 Tootle 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 (iii)waive, release, and discharge all Released Persons from all Claims (as defined in Section 15 of this Agreement) 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 Section 6, to the extent permitted by applicable law.

7. Notice.

Tootle may be contacted by emailing info@tootlebike.ca

Rider agrees that notices under this agreement may be delivered via email address provided at time of registration.

8. Choice of Law; Dispute Resolution.

This Agreement is governed by, and must be construed and enforced in accordance with, the substantive laws of the Province of Ontario, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) each 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) Without limiting the dispute resolution clauses contained in this Agreement, each party consents to the jurisdiction of the

courts of the province of Ontario and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Ontario

9. 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.

9.1 Initial Dispute Resolution

Rider support is available via the Tootle App to address any concerns you may have regarding this Agreement or Your use of a Vehicle (the “Tootle Support Process”). Prior to initiating arbitration, the parties agree to first conduct good faith negotiations through the Rider Support Process for a period of at least thirty (30) days and to put forth their best efforts in order to settle any dispute, claim, question or disagreement

9.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN THE PROVINCE OF ONTARIO. Before initiating arbitration, the parties shall first engage in good faith negotiations to resolve their dispute within forty-five (45) days. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration.

The arbitration shall be administered by the Alternative Dispute Resolution ("ADR") Institute of Ontario and pursuant to the Alternative Dispute Resolution Institute of Canada ("ADRIC") Rules and Procedures. The arbitration shall be presided over by a single arbitrator, jointly selected by the parties. If the parties are unable to agree on an arbitrator within fifteen (15) days of initiating the arbitration, each party shall nominate an arbitrator and those two arbitrators shall confer and appoint a third arbitrator who shall arbitrate the dispute.

The arbitrator shall be a practicing lawyer or retired judge with at least ten (10) years of experience in the legal field related to the dispute. The arbitrator's decision shall be final, binding, and conclusive upon the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to award any remedy or relief that a Court of the Province of Ontario could order or grant, including specific performance of any obligation created under this Agreement, the issuance of an

injunction, or the imposition of sanctions for abuse or frustration of the arbitration process.

The arbitration shall take place in Toronto, Ontario, unless both parties agree in writing to a different location. The language of the arbitration shall be English. The parties agree that the arbitration proceedings, including all filings, evidence, and the outcome, shall be treated as confidential. Neither party shall disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, except as may be required by law or for purposes of enforcement of the arbitration award.

The costs of the arbitration, including administrative fees, the arbitrator's fees, and costs for the use of facilities during the hearings, shall be shared equally by the parties. However, each party shall bear its own legal and other costs associated with participating in the arbitration.

This arbitration agreement shall survive the termination or expiration of this Agreement. By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment, or other order in aid of the arbitration proceedings and the enforcement of any award. Notwithstanding the foregoing, arbitration shall be the final, exclusive remedy for any dispute between the parties, except as provided herein.

9.3 Class Action Waiver

CLASS ACTION WAIVER

THE RIDER AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE RIDER AND TOOTLE EACH WAIVE ANY RIGHT TO A JURY TRIAL. THE RIDER FURTHER AGREES THAT THE RIDER MAY BRING CLAIMS AGAINST TOOTLE ONLY IN THE RIDER'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9.5 Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in provincial, federal or any relevant jurisdiction to protect its intellectual property rights, including but not limited to patents, copyrights, moral rights, trademarks, trade secrets, industrial designs and any other proprietary rights. This provision shall not extend to privacy or publicity rights. Furthermore, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

10. Waiver and Severability.

No waiver by Tootle of any breach of any provision of this Agreement shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. Each provision of this Agreement exists independently of all other provisions, and remains enforceable and in effect even if any other provision is deemed, invalid or unenforceable in whole or in part, for any reason whatsoever.

11. Cumulative Remedies.

All rights and remedies granted under accordance with 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.

12. Final Agreement; Modification by Tootle

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, Tootle may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Tootle 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 a change is made to this Agreement, Tootle will post a

notification on the Tootle The pricing set forth on the tootle or the Tootle App supersedes all pricing set forth in this Agreement.

13. Contract Interpretation.

This Agreement is not affected by the headings. The word "or" is not exclusive. "Including" means "including, but not limited to." When the context requires, words in the singular or plural number include the singular or plural number. The pronouns used include masculine, feminine, and neuter forms.

14. Voluntary Execution of this Agreement.

This Agreement is voluntarily entered into by both parties, with due consideration, and without any duress or undue influence exerted on, or on behalf of, Tootle. The Rider confirms that they: (i) have thoroughly read and understood this Agreement; (ii) are fully cognizant of the terms, conditions, and implications of this Agreement, inclusive of any releases contained herein; and (iii) are aware of the legal consequences and binding effect of this Agreement.

15. RELEASE, DISCLAIMER, AND VOLUNTARY ASSUMPTION OF RISK

In consideration for being permitted to access and use the Tootle Services, including but not limited to the rental and operation of vehicles provided by Tootle, the undersigned Rider ("Rider") hereby acknowledges and agrees to the following terms:

1. Release and Indemnification: Rider does hereby release, forever discharge, and agree to indemnify and hold harmless Tootle, its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, heirs, agents, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, obligations, injuries, liabilities, disputes, costs, and expenses, including attorney fees, howsoever arising, whether known or unknown, present or future, that occur as a result of Rider's access to and use of the Tootle Services or any activities conducted thereunder, including but not limited to claims of negligence, injury, death, or property damage, and including those resulting from the actions or inactions of third parties.

2. Disclaimer of Liability: Rider expressly acknowledges and agrees that the use of Tootle Services involves inherent risks, including but not limited to the risk of physical

injury, death, and property damage. Rider assumes full responsibility for any and all such risks and agrees that Tootle shall not be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the Tootle Services, even if Tootle has been advised of the possibility of such damages.

3. Voluntary Assumption of Risk: Rider acknowledges that they have voluntarily chosen to access and use the Tootle Services and that they are aware of the risks associated with such use, including the potential for serious bodily injury, death, or property damage. Rider hereby agrees to assume all risks associated with their use of the Tootle Services, including those risks that may arise from the negligence of the Released Parties or others, and including the risk of any negligence or action by third parties.

4. Binding Effect: This Release, Disclaimer, and Voluntary Assumption of Risk shall be binding upon Rider, their heirs, estate, executors, administrators, and assigns, and shall inure to the benefit of the Released Parties and their successors and assigns.

By choosing to use the Tootle Services, Rider acknowledges and agrees that they have read and understood this clause, that they agree to be bound by its terms, and that they are releasing and indemnifying the Released Parties from any and all liability as described herein. Rider affirms that this agreement is made voluntarily, without any duress or undue influence, and represents their intent to fully assume all risks of injury, death, or property damage arising from their use of the Tootle Services.

RIDER ACCEPTANCE OF AGREEMENT

I certify that I have read and expressly agree to the terms and conditions of the Section 15 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this Section 15 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 I am reasonably competent and physically fit to ride the Vehicle; andI further certify that:

● I am the Rider

● I am at least 18 years old or older

● I will wear a helmet where required to do so by law

● I will not ride a Vehicle with another occupant

● I will obey all traffic laws

● I will ride at my own risk

● I have read and expressly agree to the terms and conditions set forth in this Agreement.

● I understand how to operate all aspects of my BIKE rental including the hand brake, throttle, folding mechanism, locking pin and both kick stands. My rental is in good working condition. I feel comfortable and safe riding it.

● I am in good health , not under the influence of any substance and will not

● I have been provided the accessories checked below and I agree they are in good working condition. Any loss or damage to any accessories will result in the following charges : Bike lock: $200, Bike light: $20

By checking the 'agree to terms' box, I acknowledge that I am accepting all risks associated with using my rental. I agree to indemnify and hold harmless Tootle and its affiliates from any liability, including personal injury or damage caused to or by the BIKE, or any negligence on part of Tootle or me. I understand that thisf tootle or me, arising from or related to, directly or indirectly, my ride or other use of a BIKE. I hereby agree irrevocably to waive all claims arising from or related to any of the above and not to sue or bring any other action against tootle arising from or related to my day rental, guided tour or other use of a BIKE, and to bear all costs and expenses incurred by tootle (including attorneys' fees) in defending any such suit or other action or in the enforcement of this Release. I hereby understand and acknowledge that this Release is a contract has legal consequences and I am giving up substantial legal rights. I agree to assume financial responsibility for any injury caused by my operation of the BIKE. I confirm that I am the only person who will be riding the BIKE and that I have no physical or medical condition which would endanger myself or others. I understand the risks involved in this activity and I choose to participate voluntarily. I have read this Release carefully and I fully understand its terms and conditions.

I am aware of local bike laws, and agree to abide by these laws at all times. I am responsible for any fees that may result as a violation of such laws.

By accepting these terms the renter indemnifies and hold harmless 15866863 Canada also known as tootle from any claim in regard to the bike rentals