First Name Last Name Email Phone Number ZOOM RENTAL AGREEMENT, WAIVER OF LIABILITY, AND RELEASE Last Updated: June 1st, 2020 PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES. CAPITALIZED TERMS HAVE THE MEANINGS GIVEN TO THEM WHERE DEFINED IN THIS AGREEMENT. THESE TERMS (“TERMS”) GOVERN YOUR USE OF OUR VARIOUS PRODUCTS AND SERVICES IN THE COUNTRY WHERE YOU LIVE (COLLECTIVELY, OUR “SERVICES”). THE SERVICES PROVIDED BY ZOOM DIVISION OF RADICAL WHEELZ INC. (“ZOOM” OR “COMPANY”) INCLUDE, AMONG OTHER THINGS, (1) ZOOM MOBILE APPLICATION (“ZOOM APP”) AND RELATED WEBSITE, (2) ZOOM ELECTRIC VEHICLES (”VEHICLE OR “VEHICLES”), AND (3) ALL OTHER RELATED EQUIPMENT, PERSONNEL, SERVICES, APPLICATIONS, WEBSITES, AND INFORMATION PROVIDED OR MADE AVAILABLE BY ZOOM (COLLECTIVELY, THE “ZOOM SERVICES”). THESE SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT. BY EITHER ACCEPTING THIS RENTAL AGREEMENT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. FURTHERMORE, IN CONSIDERATION OF YOUR USE OF ANY OF THE ZOOM SERVICES (DEFINED BELOW) PROVIDED BY ZOOM, ZOOM REQUIRES THAT YOU (“RIDER”, “YOU”, OR “YOUR”) (ACTING FOR ALL RIDER’S FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) AGREE TO ALL TERMS AND CONDITIONS IN THIS ZOOM RENTAL AGREEMENT, WAIVER OF LIABILITY AND RELEASE (“AGREEMENT”). IF YOU DON’T AGREE TO THESE TERMS, YOU MAY NOT USE OUR SERVICES. Welcome to ZOOM! BECOME A MEMBER BY DOWNLOADING THE APP, AND YOU WILL BE ABLE TO ZOOM AWAY! Welcome to ZOOM, an all-electric e-scooter rental system built to make getting around fast, affordable and way more fun! We were founded on the idea that there’s a better way around and therefore reduce your carbon footprint. That’s why our goal isn’t just to get you to your destination. It’s to help you make your way. As a first step, you will need to become a Member before you may access the Services and the ZOOM E-scooters. Just download the App which can be found on the Site, Google Play, or the Apple App Store, and register quickly and easily. You only need a valid debit or credit card or other approved payment method with expiration date (which is passed to our third party payment processor – we do not receive or store this information ourselves) as well as other requested information depending on the Product. What you provide us must be true, accurate, complete, and updated as necessary to remain accurate. Create a username and a strong password and don’t share either with anyone – your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Let us know immediately if you suspect unauthorized use of your account. We have the right to provide your various account details (like billing, account, content or use records and related information) if required by law (which may include mandatory data sharing with governments), and to protect our rights, customers or business. A Note on Fraud. We take it seriously, both for your protection and ours. You may only use a payment method that you have the legal right to use and you authorize us to charge this payment method for any charges you incur. If we suspect that any information you’ve provided is inaccurate, incomplete, or fraudulent, we may suspend or terminate your account if and until the issue is resolved. During that time, you will lose access to some or all of our Services, either temporarily or permanently. It is important to keep in mind that you are bound by everything in this document whenever you are using the Services, driving the E-scooters, or accessing the App or the Site. We have tried to keep this Agreement as brief as possible and the legalese to a minimum, but you are responsible for understanding and agreeing to the Terms of Use, the Privacy Policy, the Rate Schedule, and this Rental Agreement when you sign up for Membership and operate the E-scooters. IMPORTANT BULLETPOINTS In addition to the Terms of Use, located on the Site and which Member expressly agrees to when Member registers for Membership and signs up for the Services, Member should CAREFULLY READ all terms and conditions before entering into this Agreement. However, we want to highlight the following at the beginning for ease of reference. BEFORE EACH USE OF AN E-SCOOTER, MEMBER SHALL CONDUCT A BASIC SAFETY INSPECTION OF THE E-SCOOTER PURSUANT TO THE RULES. MEMBER AGREES NOT TO RIDE IF THERE ARE ANY NOTICEABLE ISSUES AND TO IMMEDIATELY NOTIFY ZOOM OF ANY PROBLEMS. BEFORE ENDING A RIDE, MEMBERS MUST RETURN THE E-SCOOTER CLEAN AND IN GOOD WORKING CONDITION TO A LOCATION OPERATED BY ZOOM (ZOOM location). RIDING AN E-SCOOTER IN CITY TRAFFIC IS A HIGH-RISK ACTIVITY. DEATH OR SERIOUS INJURY IS POSSIBLE. MUCH LIKE OTHER RENTAL SERVICES, ZOOM DOES NOT PROVIDE HEALTH INSURANCE COVERAGE. ZOOM PROVIDES LIABILITY COVERAGE FOR DAMAGE DURING A MEMBER’S USE OF E-SCOOTERS ONLY IF MEMBER COMPLIES WITH ALL TERMS AND CONDITIONS OF THE RENTAL AGREEMENT, THE PRIVACY POLICY, AND THE TERMS OF USE. FURTHER DETAILS CAN BE FOUND IN SECTIONS 4.0 AND 5.0, BELOW. MEMBER ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY, FOR THEMSELVES AND, FOR ALL RELATED RISKS, DANGERS, AND HAZARDS. YOUR PERSONAL INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF AN E-SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT PRIOR TO USING THE SERVICE. THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS (AND A BINDING ARBITRATION AGREEMENT IN THE TERMS OF USE) THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. HERE ARE THE DEFINITIONS WE USE IN THIS AGREEMENT: 1.0 Definitions. 1.01 “Agreement” or “Rental Agreement” means this Rental Agreement, Waiver of Liability, and Release, as well as Appendix A, Appendix B, attached hereto and made a part hereof. 1.02 “App” means ZOOM’s proprietary software application, which can be downloaded from Google Play, and the Apple App Store, and accessed with a mobile device. 1.03 “Effective Date” means the date your Membership is approved. 1.04 “Fines and Penalties” means the schedule of fines and penalties set forth in Appendix B hereto and incorporated herein, and as may be amended by ZOOM from time to time. 1.05 “Lesson” means a brief, complimentary tutorial (which ZOOM may require of a Member at its sole discretion at any time as a condition to continued Membership) provided by ZOOM to Members to orient them with the proper use of E-scooters. Only users that have registered for Membership through the App are eligible for a Lesson. ZOOM notes, and Member agrees, that the Lesson is not, and is not intended to be, a lesson with certified training professionals. 1.06 “Member” means a person who has been approved by ZOOM for Membership after registering via the App and agreeing to these terms and conditions, the Privacy Policy, and the Terms of Use. 1.07 “Member Account” means an App-based portal used by Members to manage their Membership information and privileges. 1.08 “Membership” means a revocable, non-exclusive, nontransferable right to use ZOOM’s Services subject to this Agreement. 1.09 “E-scooter” or “ZOOM E-scooter” means the low-speed limited use two-wheeled electric vehicle provided by ZOOM to Member as part of the Services in accordance with the Membership and the terms of this Agreement, the Privacy Policy, and the Terms of Use, and which does not exceed an operating speed of more than 24 kilometers per hour. 1.10 “Privacy Policy” means ZOOM’s Privacy Policy located on and available at the Site, incorporated herein, and as may be amended by ZOOM from time to time. 1.11 “Prohibited Area” means (1) any area, regions, roads, bridges, tunnels, or other geographical features designated in the App by a red “X” or the words “No Crossing” or “No Highways”, or otherwise designated by ZOOM as off-limits; and (2) any road with a speed limit exceeding 50 kilometers per hour. Members are prohibited from operating or driving a ZOOM E-scooter on or within any Prohibited Area at any time. 1.12 “Rate Schedule” means the pricing schedule located on and available at the Site as well as the Fines and Penalties set forth in Appendix B hereto, all incorporated herein, and as may be amended by ZOOM from time to time. 1.13 “Registration Fees” means the fees ZOOM charges for registering for the Services, as described in the Rate Schedule, which may vary depending on the Member’s initial sign up offer. 1.14 “Required Lesson” means a lesson with a ZOOM employee that an applicant for Membership may be required by ZOOM, at any time and at its sole discretion, to complete as a prerequisite to continued Membership. 1.15 “Rules” means all the rules set forth in this Agreement under the section entitled “General Rental and Use of E-scooter” and in Appendix A attached hereto and incorporated herein, as may be amended from time to time. 1.16 “Safety Helmet” means the safety helmets which is preferably Snell, CPSC, ANSI or ASTM-approved. It should be sized, fitted, and fastened per manufacturer instructions. Helmets and other protective gear are no guarantee against personal injury. Helmets are required by law in some areas, so definitely wear one if those laws apply to you. If you choose not to wear a helmet and are injured as a result, we are not responsible. 1.17 “Services” means the services provided by ZOOM which include (i) the App and the Site, (ii) the E-scooters, (iii) the Safety Helmets, and (iv) all other related equipment, personnel, services, applications, websites, and information provided or made available by ZOOM, as more fully described in your application for Membership, the Privacy Policy, the Terms of Use, and this Agreement. 1.18 “Site” means ZOOM’s web site (located at www.ZOOMSCOOTER.ca) operated by ZOOM and pertaining to the Services. 1.19 “Term” means the time period from the Effective Date and while the Membership is active and in good standing, not suspended, and not otherwise terminated as described herein and in your application, including any renewals as applicable. 1.20 “Terms of Use” means ZOOM’s Terms of Use located on and available at the Site, incorporated herein, and as may be amended by ZOOM from time to time. 1.21 “ZOOM location” means a location owned and operated by ZOOM. 2. The Services. 2.01 Membership. Before you may use the Services and the ZOOM E-scooters, you must first become a Member by applying for Membership through the App. To do so, you will need a valid debit or credit card or other approved payment method with expiration date (which is passed to our third party payment processor – we do not receive or store this information ourselves). The application process will involve taking a photograph of yourself a “selfie.” Applicants are prohibited from submitting multiple applications for Membership. Satisfaction of the application criteria in this Agreement does not automatically grant the right to be a Member. Applications are subject to final approval by ZOOM in its sole discretion. All Memberships are non-transferable and non-refundable. Membership is conditional on ZOOM’s acceptance of Member’s application, approved Registration Fee, confirmation of the terms and conditions of this Agreement, the Privacy Policy, the Terms of Use, the successful completion or waiver of a Lesson, and, as may be required by ZOOM, the successful completion of a Required Lesson. Members are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls/texts, email correspondence and social media communications with ZOOM may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls/texts, emails, and social media communications. Members must adhere to local safety bylaws at all times. This includes: No drugs or alcohol permitted when operating an e-scooter (consequences under the Criminal Code of Canada may apply) Must be age 18 or older Riders must stand at all times No passengers allowed No cargo may be carried No baskets Must not be operated on sidewalks Not for commercial use 2.02 Ownership; Use. Neither Membership nor this Agreement grants Members any rights of ownership, use or control over ZOOM, ZOOM’s operations or finances, or any E-scooter. ZOOM and/or its licensor(s) remains the sole owner of the E-scooters and any other items made available to Member hereunder. A Member may use ZOOM’s E-scooters only after Membership approval and payment of the Registration Fees and any other applicable fees. 2.03 Eligibility. To be eligible for initial and continued Membership, the Member must: (a) Obtain at its own expense all necessary equipment and services needed to use the ZOOM App (including a mobile device and wireless service). Charges from a Member’s wireless carrier or communication service are not ZOOM’s responsibility. ZOOM makes no guarantees that the App can be accessed by all wireless devices or service plans or that it will be available in all locations; (b) Agree to allow ZOOM to track Member’s location and movements whenever the App is in use on Member’s mobile device (as legally permitted and as governed by ZOOM’s Privacy Policy, as it may be updated and revised by ZOOM from time to time); (c) Provide ZOOM with a valid credit or debit card number, billing postal code, and expiration date. Member agrees to immediately inform ZOOM of any and all changes relating to the applicable credit or debit card; (d) Fully complete the Membership application and agree to be bound by the terms and conditions in this Agreement, the Privacy Policy, and the Terms of Use, and confirm that all documents requested by and submitted pursuant to the application are accurate and truthful; (e) Member represents and certifies that he/she is at least 18 years old. (f) Have the ability and skill to ride an e-scooter; and (i) Member must weight no greater than 110 Kilograms. 2.04 Changes to Agreement. ZOOM may edit and revise this Agreement in its sole discretion at any time and will promptly send Members notice of any material changes to the email provided by the Member during the application process, or when the revised Agreement is posted to the Site and/or on the App. The revised Agreement is effective the moment the new version is sent to the Member by email or uploaded to the Site or App. Use of the Services after revision to the Agreement qualifies as acceptance by Member of the new Agreement. 2.05 Term. This Agreement shall be in force upon ZOOM’s acceptance of Member’s application, payment of applicable fees, and completion or waiver of a Lesson and shall remain in force until otherwise terminated as provided herein. 2.06 Termination; No Refund. Termination by Member. If the Member is in compliance with all the terms of this Agreement, the Privacy Policy, and the Terms of Use, the Member may terminate his or her Membership immediately for no reason, subject to payment of any fees due at the time of the Member’s request for termination. Termination by ZOOM. ZOOM may terminate this Agreement and Member’s Membership upon thirty (30) days’ notice to Member at any time without cause. Without limiting the foregoing, ZOOM may immediately terminate this Agreement and Member’s Membership, at its sole discretion and without notice, if the Member: fails to pay any sum due; fails to comply with any term or condition specified in this Agreement, the Terms of Use, and/or the Privacy Policy on the Site or the App; is involved in an incident with an E-scooter that, in ZOOM’s reasonable discretion, renders the Member ineligible or inappropriate for continued Membership; is determined to possess multiple accounts; engages in any activities or conduct that ZOOM determines to be unsafe, inappropriate, negligent, offensive, abusive, fraudulent, or otherwise unacceptable, including, but not limited to, failing to observe any safety requirement set forth in this Agreement or applicable law, whether observed by ZOOM or ZOOM’s employees directly or as reported to ZOOM by a third party along with credible evidence, which credibility will be determined by ZOOM at its sole discretion; is not paying the Member’s debts as such debts generally become due, becomes insolvent, or proposes any dissolution or liquidation; and/or engages in communications which ZOOM and/or its authorized agents deem to be deceptive, untruthful, or incomplete in their disclosure of required information. No Refund. No fees will be refunded in the event of termination. In the event of termination, Member is responsible for all fees and expenses through the last date of termination. In the event of termination, the Member agrees to immediately return all ZOOM property in their possession to ZOOM and agrees to cover all legal fees and expenses necessary for ZOOM to recover any debts owed by Member under this Agreement. 3.0 General Rental and Use of E-scooter. 3.01 Compliance with Rules. Member agrees to comply with all the Rules set forth herein and in Appendix A attached hereto. 3.02 Fees. Member may use the E-scooter on a pay per ride basis or as otherwise in accordance with the pricing described pursuant to the Rate Schedule. 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 ZOOM. ZOOM will charge the Member, and Member agrees to pay ZOOM, all applicable fees for the Services pursuant to the Rate Schedule. 3.03 Pick Up Fees. If the Member requests that the E-scooter be picked up by ZOOM staff because Member is unable to return a E-scooter to a ZOOM location (i.e. Member deactivates the E-scooter on private property, a locked community, or another unreachable area), or if the battery charge on the E-scooter runs out in an unreachable area or outside of the Home Zone, then ZOOM, at its sole discretion, may choose to charge Member a pick-up fee of up to $150, as well as any applicable toll and ticket fees. If any E-scooter accessed under Member’s account is abandoned without notice, Member will be responsible for all trip fees and any applicable toll and ticket fees until the E-scooter is recovered and deactivated, plus a service charge (currently up to $150) to recover the E-scooter. Fees are subject to change. 3.04 Payment. Member represents and warrants to ZOOM that Member is authorized to use any credit or debit card Member furnishes to ZOOM. Member authorizes ZOOM to charge the card for all fees incurred by Member. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by ZOOM. All fees and costs are due when they are incurred, including but not limited to Registration Fees, and all other costs and fees as provided in the Rate Schedule. Temporary or prepaid credit/debit cards are not an acceptable form of payment. 3.05 Pre-Authorization. ZOOM may place a temporary hold your credit/debit card before a rental to verify that your payment information is still valid or in certain instances to verify that your credit/debit card has the necessary funds to cover ZOOM’s fees and costs. Pre-authorization is not a charge to your account, it is a hold on those funds. Once your actual charge is posted to your account it can take up to thirty (30) days for the original pre-authorization to be removed by your bank. It is your responsibility to be aware of how your bank handles all of your transactions, including pre-authorizations. 3.06 Taxes. While using the Services, Member is responsible for all applicable governmental taxes, including sales, use, or VAT, as applicable. Applicable taxes will be added to Member’s bill. 3.07 Disputed Charges. If Member disputes any charge on Member’s credit or debit card account, then Member must contact ZOOM within thirty (30) days of the date of the disputed charge, and provide to ZOOM 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 ride associated with the disputed charge. If no notice is given by Member to ZOOM within the foregoing thirty (30) day period, the charge will be final. 3.08 Delinquent Accounts. Members are billed for amounts due via credit/debit card, or other means as established by ZOOM. Any Member account which is past due will be suspended by ZOOM. If payment of any amount due is rejected by the credit/debit card provided by the Member, Membership, and the use of the Services, may be suspended, or terminated by ZOOM, in its sole discretion. Members are responsible for providing and maintaining current credit/debit card information on file with ZOOM. Ongoing issues with credit/debit card billings may result in termination of Membership. Under no circumstances will ZOOM be responsible for any overdraft or other fees charged by a Member’s credit/debit card bank. In addition, ZOOM may engage third parties to collect amounts owed to ZOOM by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities. ZOOM also reserves the right to charge interest on overdue charges at the lesser of the rate of 1.5% per month or the highest rate allowable by applicable law. 3.09 No Refunds. Except as set forth above under “Disputed Fees”, once charged all fees are final and nonrefundable. This includes but is not limited to the Registration Fees, even if the applicant is subsequently denied use of the Services following registration. 4.0 Damages; Liability Coverage. 4.01 Liability Insurance Coverage. While ZOOM procures and pays for liability insurance as indicated below, Members qualify as an insured under the policy only if Member is in full compliance with this Agreement, the Terms of Use, and the Privacy Policy and was in full compliance with this Agreement, the Terms of Use, and the Privacy Policy at the time of the accident or incident. ZOOM provides third party auto liability coverage that meets the statutory financial requirements in each jurisdiction of operation for damages to third parties during a Member’s use of E-scooters if the Member complies and was in compliance at the time of any incident with all terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use. ZOOM reserves the right to hold Member responsible for the first $500 of damages of each and every insurance claim made by any and all third part(y)ies arising from any accident or incident and for which the Member is determined by the insurance company to be liable. Member agrees that their privately held motor vehicle insurance, if applicable, will be the primary insurance in case of damages, if Member has privately held motor vehicle insurance. In any case, Member is solely responsible for covering the cost of any and all damages that exceed coverages offered by ZOOM. Coverage limits vary by location of operation. More information can be found here or by emailing claims@ZOOMSCOOTER.ca 4.02 Lost or Stolen E-scooter. An e-scooter may be deemed lost or stolen if (a) the E-scooter is not returned to a ZOOM location within twenty-four (24) consecutive hours, (b) the E-scooter’s GPS unit is disabled, (c) the E-scooter is parked on unauthorized private property, in a locked area, or in any other non-public space after a ride ends, (d) the E-scooter moves more than thirty (30) feet after a rental has ended and ZOOM believes such movement was not caused by another Member or authorized third party, or (e) other facts and circumstances that suggest to ZOOM in its reasonable, good faith determination that an e-scooter has been lost or stolen. If ZOOM deems a E-scooter lost or stolen and the loss or theft was not reported by Member to ZOOM pursuant to the reporting requirements set forth below in this Agreement, ZOOM shall have the authority to take any and all actions it deems appropriate (with respect to the last Member to use the E-scooter or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Member agrees the data generated by ZOOM’s computer is conclusive evidence of the period of use of an E-scooter by a Member. 4.03 E-scooter Damages. If, while Member has an ongoing ride with an e-scooter, the E-scooter is lost, stolen, or damaged in any way, then Member agrees to report the loss, theft, or damage to ZOOM within one (1) hour of the accident or incident through the damage reporting feature on the App (located in the “Help” section) or by contacting ZOOM’s customer service team by phone at 416-690-0600 and to follow the reporting procedures set forth in Section 5.03, below. If a Member fails to abide by the terms and conditions of this Agreement, the Privacy Policy, and/or the Terms of Use, the Member will be solely responsible for the full cost of any loss, accident or incident and any damage arising from such loss, accident or incident. This includes but is not limited to replacement costs for the lost or stolen E-scooter, and all damage that occurs to the E-scooter while in an ongoing ride with the Member’s account. Such damages include, without limitation, the repair costs (estimated or actual) for the E-scooter and third-party property, injuries to third parties, costs associated with the recovery or transportation of the E-scooter, and the loss of use of the E-scooter or third-party property. Member will be responsible for all damage and costs incurred as a result of the unauthorized use of an E-scooter by any other person under his/her Member Account. However, in general if the Member is in compliance with all the terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use and was in compliance at the time of any incident, and excluding any loss or theft of the E-scooter, E-scooter damages arising from a Member’s use of the E-scooter will be limited to the E-scooter Damage Fee described below. ZOOM, in its sole discretion, may not hold a Member liable for any amounts that ZOOM may recover from any other party. 4.04 E-scooter Damage Fee. If a Member is in compliance with all of the terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use and was in compliance at the time of any incident, and except for any loss or theft of the E-scooter, the Member’s responsibility for damages described above will be limited to $500. However, in the event of negligence, failure to comply with the terms and conditions of this Agreement, the Privacy Policy, and/or the Terms of Use, or intentional wrongdoing, the Member will be liable for the lesser of the full cost of the E-scooter repair, and the fair market value of the E-scooter immediately before the damage, in each case as determined by ZOOM in its reasonable discretion. 5.0 Member Responsibilities. 5.01 Acknowledgment. By becoming a Member, the Member represents and warrants to ZOOM that the Member has received all explanations as the Member may have reasonably requested concerning the content of this Agreement, the Privacy Policy, and the Terms of Use, including all schedules and appendices, and that the Member has carefully reviewed, understands and agrees to the Member’s commitments and obligations hereunder. The Member also represents that the Member has reviewed, understands, and agrees to this Agreement, the Privacy Policy, and the Terms of Use. 5.02 Lesson. ZOOM provides a voluntary Lesson free-of-charge, which is a complimentary tutorial provided by ZOOM to new Members to orient them with the proper use of E-scooters and consists of a brief riding session and short introduction to the E-scooter. To be eligible for a Lesson, users must have completed the Registration process through the App. Notwithstanding the foregoing, ZOOM, at its sole discretion, may require an Applicant to attend a Lesson as a condition to Membership. ZOOM notes, and Member agrees, that the Lesson is not, and is not intended to be, a lesson with certified training professionals. Successful completion of the Lesson or a Required Lesson does not automatically make a Member eligible to use the Services. Eligibility is in ZOOM’s sole discretion. 5.03 Accidents. If, while Member has an ongoing ride with an e-scooter, the E-scooter is involved in an accident with another vehicle or an incident resulting in damage to a third party (including to an ), then first and foremost immediately call 911 and seek any medical attention you and/or an require. Member must contact the police and fill out a police report, contact ZOOM within one (1) hour or, in the event of injury to the Member, as soon as reasonably practicable following the accident or incident, through the damage reporting feature on the App (located in the “Help” section) or by contacting ZOOM’s customer service by phone at 416-690-0600. If your injuries do not prevent you from doing so, you must stay at the scene until the police finish their report and allow you to leave. As soon as practicable following the incident, Member agrees to provide to ZOOM all of the information below: Details, circumstance, and location of the incident (time, address, relevant details of the accident); Relevant information for any vehicles or third party involved (e.g., license plate, names, phone number, and driver’s license number of any persons involved, VIN, make and model, vehicle color); Insurance materials of all parties involved (e.g., policy number, name, insurance provider); Witness contact information (e.g., name, address, phone number); Insurance information for your personal motor vehicle policy, if applicable; Photographs of any damage to the ZOOM E-scooter or of other vehicles involved; and A copy of the police report. Member agrees to fully cooperate with ZOOM, investigators, and insurance partners in the event of an accident or damages to any third-party person (including to an) or property. In the case of noncooperation, ZOOM reserves the right to withdraw liability coverage above legally mandated minimums. Member confirms that any legal case in relation to an incident involving a Member and third party may be settled by ZOOM in Member’s name in ZOOM’s sole discretion. 5.04 Member Responsibility for Theft or Loss of E-scooter. Except as may be specified otherwise herein, Member is solely responsible for what happens to all ZOOM property while it is on an ongoing ride of Member. This includes, without limitation: any theft of, loss of, or damage to an E-scooter, the Safety Helmet, or any other equipment. 6.0 Indemnification; Limitation of Liability. 6.01 Indemnification. Member agrees to indemnify, defend, and hold ZOOM, its affiliates, and its and their respective, officers, directors, shareholders, partners, employees and agents (collectively referred to herein as “ZOOM”) harmless from and against all damages, losses, claims, liabilities, injuries, demands, costs, and expenses of any kind (including but not limited to reasonable attorneys’ fees) (collectively, “Losses”) incurred by ZOOM arising out of, resulting from, or related to Member’s use or rental of an e-scooter. 6.02 LIMITATION OF ZOOM’S LIABILITY. Except to the extent any loss or damage is ultimately determined to be due SOLELY to ZOOM’s gross negligence or willful misconduct: ZOOM IS NOT LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF MEMBER’S RENTAL OR USE OF AN E-SCOOTER OR THE SERVICES. ZOOM MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF AN E-SCOOTER, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RIDING An E-SCOOTER IN CITY TRAFFIC IS A HIGH-RISK ACTIVITY. DEATH OR SERIOUS INJURY IS POSSIBLE. HEAD-ON COLLISIONS ARE THE MOST COMMON AND FATAL TYPE OF E-SCOOTER CRASH. ACCIDENTS ALSO FREQUENTLY OCCUR ON LEFT HAND TURNS OR WHILE STOPPED AT A TRAFFIC INTERSECTION SINCE An E-SCOOTER IS MORE DIFFICULT FOR OTHER DRIVERS TO SEE. LANE SPLITTING CAN CAUSE SERIOUS ACCIDENTS AS WELL. OTHER COMMON REASONS BEHIND MANY E-SCOOTER ACCIDENTS (BUT NOT A COMPREHENSIVE LIST) INCLUDE POTHOLES, UNEVEN PAVEMENT, STREETCAR RAILS, RIDING CARELESSLY IN INCLEMENT WEATHER, DEAD ANIMALS OR DEBRIS IN THE ROAD, SPEEDING, AND DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL WHEN AN E-SCOOTER ACCIDENT DOES HAPPEN, OFTENTIMES SERIOUS INJURIES OCCUR. SOME OF THE MORE COMMON ONES INCLUDE HEAD AND/OR BRAIN INJURY, NECK AND/OR SPINAL CORD INJURY, BACK INJURY, NERVE DAMAGE, LOSS OF HANDS, FEET, FINGERS AND OTHER LIMBS, PARALYSIS, AND DEATH. ZOOM is not accountable for any damage to the Member’s or belongings that occurs while riding or operating an e-scooter, nor shall it be accountable for any harm to third parties for the actions taken by any Member during the reservation period or use of an e-scooter. ZOOM makes every effort to ensure there are enough E-scooters for Members but cannot guarantee availability or functionality of an e-scooter and is not responsible for any Member damages arising from E-scooter non-availability. Members can use E-scooters depending on availability as the Services are delivered in a real-time basis and cannot be reserved for a longer period ahead of time than as indicated in the App. ZOOM is not responsible for damages to a Member due to the use of any E-scooter accessories (e.g., parking center stand or kick-stand, cell phone mount, bag hook, or Safety Helmet). The Member is solely accountable for E-scooter accessories and must check their condition before each use. If any accessory is found to be faulty or not in working order, Member must promptly notify ZOOM and not use the accessory. ANY USE OF AN E-SCOOTER PROHIBITED BY THIS AGREEMENT VOIDS ALL COVERAGES OR WARRANTIES (INCLUDING BUT NOT LIMITED TO INSURANCE, ACCIDENT, OR LIABILITY COVERAGES); MAKES AN E-SCOOTER SUBJECT TO IMMEDIATE RECOVERY BY ZOOM WITHOUT NOTICE TO MEMBER; AND MAKES MEMBER RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE E-SCOOTER, INCLUDING ZOOM EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE. 7.0 RELEASES; DISCLAIMERS; ASSUMPTION OF RISK. In exchange for Member being allowed to use ZOOM Services, E-scooters, Safety Helmets, and other equipment or related information provided by ZOOM, Member agrees to fully release, indemnify, and hold harmless ZOOM 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 to provide ZOOM Services, and every sponsor of any of the ZOOM 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 Member’s use of the ZOOM Services, E-scooters, Safety Helmets, 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 releases 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 ZOOM Services, including any of the E-scooters, placement, equipment, maintenance, related information, this Agreement or (b) Member’s use of any of the foregoing. To the fullest extent permitted by law, and as to Member’s use of any of the ZOOM Services, E-scooters, or related equipment, ZOOM and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the ZOOM Services, E-scooters, Safety Helmets, and related equipment are provided “as is” and “as available,” and Member relies on them at Member’s own risk. Member is aware that Member’s use of any of the ZOOM Services, E-scooters, Safety Helmets, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Member 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: vehicles and other objects; pedestrians; traffic; E-scooter or component malfunction; road conditions; and weather conditions. Member is solely and fully responsible for the safe operation of E-scooter at all times. Member agrees that E-scooters are machines that may malfunction, even if the E-scooter is properly maintained and that such malfunction may cause injury. Member agrees that telecommunication and telematics devices may malfunction, even if they are properly maintained and that such malfunction may cause injury. Member assumes full and complete responsibility, for themselves and for any, for all related risks, dangers, and hazards. In addition, if Member is using the Services within the City of Toronto, the Member is hereby waiving, saving and holding harmless the Toronto Parking Authority, the City of Toronto and ZOOM from and against all loss, cost, penalties, fines, damages, judgments or decrees, actions, debts, claims, expenses (including attorney’s fees) or liabilities by reason of any injury to or death of any person, or damage to or destruction or loss of any property, contractual or business relation, proprietary or business interests arising out of, resulting from, or in connection with the use of a ZOOM E-scooter in the City of Toronto. 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 ZOOM, the Released Parties, any Municipality, or any other party. Member hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Member does not know or suspect to exist in his or her favor at the time of use of ZOOM Services, and expressly waives Member’s rights under any statutes that purport to preserve Member’s unknown claims. 8.0 MEMBER ACCEPTANCE OF AGREEMENT By filing an application for Membership, you hereby certify the following: I certify that I have read and expressly agree to the terms and conditions of the above 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 E-scooter and am reasonably competent and physically fit to ride the E-scooter. I certify that I am the Member, I am 18 years old or over, I will wear a Safety Helmet as required by law and this Agreement, I will not allow another person to operate or drive a E-scooter or ride a E-scooter with another occupant, 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. 9.0 Notices. Any communications and notices from Member to ZOOM in relation to this Agreement must be sent to ZOOM by email at support@ZOOMSCOOTER.ca. Routine ZOOM communications will be sent to the cell phone number, email address, or mailing address provided by the Member in its application for Membership. ZOOM communications may also be sent to Members through notifications or messages within the App. Any notices deemed necessary for Member’s attention while using the Services will continue to be sent to Member even after opting out of communications. Notices to Member relating to incident reports are described above. To stop receiving notices of any kind from ZOOM, Member has to terminate Membership, as more fully described above and in our Privacy Policy. 10.0 Penalties. Member agrees to pay any fees outlined in the Rate Schedule in the event of non-observance of any provision in this Agreement, the Terms of Use, and/or the Privacy Policy. 11.0 DISPUTE RESOLUTION Member and ZOOM agree to submit to the Dispute Resolution provisions of the Terms of Use, which are fully incorporated herein by this reference. Those provisions include a binding arbitration provision. 12.0 CHOICE OF LAW This Agreement, the Terms of Use, and the Privacy Policy shall be governed by the laws of Province of Ontario, Canada without regard to choice of law rules. 13.0 ANTI-DISCRIMINATION NOTICE Province of Ontario, Canada (which may also be applicable in other jurisdictions) prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, or marital status: refusal to rent; the imposition of any additional charge (except in certain instances where the renter is under the age of 25); and In addition, it is unlawful for any rental vehicle company to refuse to rent a vehicle to any person solely on the requirement of ownership of a credit card. 14.0 Miscellaneous. 14.01 ZOOM reserves the right to change or amend the Services at any time e or deny the Services to a Member for any reason. 14.02 No waiver by ZOOM of any of the provisions hereof is effective unless set forth in writing and signed by ZOOM. 14.03 No failure or delay in exercising, any right, remedy, power, or privilege arising here from operates as a waiver thereof. 14.04 No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 14.05 Unless stated otherwise, all remedies hereunder shall be in addition to any other remedies available to either party at law or in equity. 14.06 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 14.07 Provisions of these terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement. 14.08 This Agreement may only be amended or modified by ZOOM in its sole discretion. 14.09 This Agreement, and any rights hereunder may not be transferred or assigned by the Member without ZOOM’s express written consent, which may be granted in ZOOM’s sole discretion. 14.10 This Agreement is binding upon the parties hereto and their permitted successors and assigns. 14.11 Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for Member’s payment obligations. 14.12 This Agreement, and all terms incorporated herein by reference, including but not limited to Appendix A, Appendix B, the Rate Schedule, Rules, Privacy Policy, and Terms of Use, constitutes the entire agreement between the parties hereto regarding the subject matter hereof. 14.13 The Member acknowledges and agrees that Member has not relied upon any promise, representation, or warranty, either express or implied, not contained herein. 14.14 In the event of a conflict between the terms of this Agreement any other document referenced herein, the terms of this Agreement shall govern. Appendix A RULES OF THE RIDE As part of the Agreement, Members are required to abide by these rules of the ride (“Rules”), in addition to all the other terms and conditions in the Agreement, the Privacy Policy, and the Terms of Use. By becoming a Member, you acknowledge and agree to follow these Rules and that you have read and understand them. Failure to do so may result in fines and suspension or termination of your Membership. Capitalized terms herein have the same meanings given in the Agreement. Member agrees to the following: Before using an E-scooter, a Member must inspect the E-scooter for damage (see below for further details). Member must not ride if there is noticeable damage and must report such damage to ZOOM immediately. It is highly recommended for a Member to wear a Safety Helmet which are Snell, CPSC, ANSI or ASTM approved helmet. Member may not push or tow any other vehicle or object using the E-scooter. Member may not operate or drive the E-scooter between lanes of traffic, or between traffic and parked vehicles, to pass other moving vehicles (aka: “lane-splitting”). Member may not operate or drive the E-scooter on sidewalks or pedestrian walkways. Member may not operate or drive the E-scooter to race, compete or perform tricks. Member may not operate or drive the E-scooter negligently or in an abusive or harassing manner. Member may not operate or drive the E-scooter in any areas not allowed by Federal, Provincial, or local law or for any use outside the scope of an E-scooter’s intended purpose. Member may not operate or drive the E-scooter on or within any Prohibited Area at any time. ZOOM recommends against operation of an E-scooter while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the E-scooter. If Member chooses to use such an item, ZOOM recommends that Member ensure the item fits snugly to Member’s body and does not impede Member’s ability to operate the E-scooter safely. Member must not place heavy objects on the handlebars of the E-scooter, such as heavy backpacks or bags. Except for the lawful use of a GPS navigating feature that does not impede the safe operation of the E-scooter, while operating an e-scooter Member must not use any cellular telephone, text messaging device, portable music player, earphones, headphones, or other device that may distract Member from operating the E-scooter safely. Member must not operate an E-scooter while under the influence of any alcohol, drugs, medication, or other substance that may impair Member’s ability to operate an E-scooter safely, or while committing any other illegal activity. Member must return the E-scooter to a ZOOM location. Member’s rental may be ended at any time by ZOOM. ZOOM may lock an E-scooter remotely if it is stationary, unlocked and not in a paused state; Member will continue to be charged. E-scooters left unlocked while not in the Member’s possession, control and oversight are subject to fees as outlined in Appendix B. Member may only use locking mechanisms provided by ZOOM. You may not add another lock to the E-scooter or lock an E-scooter to anything. The E-scooter must be parked at a lawful parking spot, in an upright position using the kickstand. The E-scooter cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. You should not park the E-scooter in heavily trafficked areas if the E-scooter is in danger of being knocked down. All applicable laws in the relevant jurisdiction (including, without limitation, those applicable to traffic, pedestrians, parking, and electric E-scooters) must be obeyed, including any helmet laws. Member must report any damaged or malfunctioning E-scooters to ZOOM within one (1) hour of the malfunction through the damage reporting feature on the App (located in the “Help” section) or by calling ZOOM’s customer service. ADDITIONAL TERMS OF USE. E-scooter Safety Check/Use/Return and Parking. Safety Check: Before each use of an e-scooter, Member shall conduct a basic safety inspection of the E-scooter, which includes inspecting the E-scooter for the following: (i) body damage; (ii) low tire pressure, if applicable; (iii) missing Safety Helmets; (iv) broken lights/signals; (v) properly functioning brakes; (vi) trueness of the wheels; (vii) good condition of the frame; (viii) sufficient battery charge power; and (ix) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. If the E-scooter has signs of any damage, the Member must contact ZOOM immediately through the damage reporting feature on the App (located in the “Help” section) or by calling ZOOM’s customer service to avoid being held responsible for the damages. Failure to report damage prior to using the E-scooter may incur liability for the repair costs. Use: Members must not use an E-scooter that has damage to the brakes, tires, signals, lights, or any damage which may prevent the safe and legal operation of the E-scooter. Members must operate the E-scooter in a careful, reasonable manner, and in accordance with the Lesson and any virtual tutorials or safety videos provided by ZOOM. Member must notify ZOOM immediately if the E-scooter malfunctions or is damaged or stolen. Members must cease operation of the E-scooter as soon as safely possible if any damage or issue arises which may prevent the safe and/or legal operation of the E-scooter. Members are solely responsible for any violations, including but not limited to traffic (i.e.: speeding) and parking violations incurred during a rental as well as parking violations incurred within 24 hours after the rental period ends. The Member’s responsibility includes fines for late payment and any processing fees due to a Member’s use of an E-scooter. Members agree to pay for all violations incurred. The Member agrees that ZOOM may charge the Member’s payment method on record. Return and Parking: Before ending a ride, Members must return the E-scooter clean and in good working condition to a ZOOM location. When pausing a ride, the E-scooter must be parked: on public, on-street parking, and parked perpendicular to the street with back tire closest to the curb on metered parking only as expressly allowed by ZOOM on the Site or otherwise for the relevant city or zone at least 1 meter from the closest vehicle not in front of a painted curb or on a crosswalk at least 5 meters from the closest fire hydrant at a location that is free from street cleaning, sweeping, or other similar services spelled out clearly by permanent or temporary signs for a 24-hour period after parking otherwise in accordance with locally applicable laws Members are liable for all parking tickets incurred within 24 hours of ending a rental. Members are responsible for ensuring that an E-scooter retains enough charge to be returned by Member to the closes ZOOM location during a Member’s use of such E-scooter. If a Member fails to do so, the Member will be responsible for the reasonable cost incurred by ZOOM to return the E-scooter to the ZOOM location. Member is Sole Operator/Driver. ZOOM and the Member are the only parties to this Agreement. The Member is the sole operator/driver of the E-scooter and is solely responsible for compliance with all terms and conditions contained in this Agreement, the Privacy Policy, and the Terms of Use. Member understands that when Member activates an e-scooter from the ZOOM location, the E-scooter must be operated/driven only by the Member. Member must not allow others to operate or drive an E-scooter that Member has activated from the ZOOM location. Doing so will result in immediate suspension. Member May Not Use the Services in Any Prohibited Area. Member agrees not to use the Services on or within any Prohibited Area. Member is a Competent E-scooter Operator. Member represents and certifies that he/she is familiar with the operation of the E-scooter and is reasonably competent and physically fit to ride the E-scooter. By choosing to operate and ride an E-scooter, Member assumes all responsibilities and risks for any injuries or medical conditions to themselves and to any or third party. Member is solely responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat, or electrical storms, make it dangerous to operate an E-scooter. Member is advised to adjust Member’s riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions. Approved E-scooter Operators. Only Members may operate or drive one of ZOOM’s E-scooters. Renting or subletting of the E-scooter to any other person is not allowed. If a Member permits another person to operate or drive an E-scooter, that Member’s account will be suspended or terminated. ZOOM may require a Member, at its sole discretion, to attend the Lesson before using the Services. After the Lesson, ZOOM may still require Member, at its sole discretion, to take a Required Lesson before using the Services. Only Members 18 years of age or older may operate or drive an e-scooter. Members exceeding 110 kilograms may not operate an E-scooter, as these exceed the maximum weight limits for safely operating a ZOOM E-scooter. Members must be able to ride an E-scooter. If you do not have the balance or strength to ride an E-scooter, you will not be able to safely operate an E-scooter. Attending a Lesson with ZOOM staff does not automatically grant you permission to use our Services. E-scooter is the Exclusive Property of ZOOM or its Licensor(s). Member agrees that the E-scooter, the Safety Helmet, and any ZOOM equipment attached thereto, at all times, remain the exclusive property of ZOOM and/or its licensor(s). Member must not dismantle, write on, or otherwise modify, repair, or deface an e-scooter, any part of an E-scooter, or other ZOOM equipment in any way. Member must not write on, peel, or otherwise modify or deface any sticker on an E-scooter in any way. Member must not use an E-scooter, or other ZOOM equipment, for any advertising or other commercial purpose without the express written permission of ZOOM. Services and E-scooter Availability. The Services are available to Members daily at ZOOM location operating hours, subject to the limitations specified herein. These general availability hours are subject to change at ZOOM’s sole discretion. It is Member’s responsibility to make sure prior to initiating a ride that the E-scooter has adequate electric charge for the expected duration of the ride. ZOOM makes every effort to provide ZOOM Services 365 days per year but does not guarantee that ZOOM Services will be available at all times, as weather conditions, unforeseen events or other circumstances might prevent ZOOM from providing the ZOOM Services. Access to ZOOM Services is also conditioned on the availability of E-scooters. ZOOM does not represent or warrant the availability of any of ZOOM Services or the availability of any E-scooter at any time. Member agrees that ZOOM may require Member to return an E-scooter at any time. Member Must Follow Laws Regarding Use and/or Operation of E-scooter. Member agrees to follow all laws pertaining to the use, riding, parking, and/or operation of the E-scooter, including all Federal, Provincial and local laws and the rules and regulations pertaining to E-scooters in the jurisdiction where Member is operating the E-scooter, including any helmet laws. Member also agrees to act with courtesy and respect toward others while using the ZOOM Services. E-scooter Reservations. E-scooters are available to Members in the order of arrival of ride requests. Members using an e-scooter will be charged and billed according to the Rate Schedule. Members may make a reservation using the App and will be billed immediately following the end of the rental. Members may cancel or change a reservation via the App until the reservation period is up. More than one reservation cancellation or change in the same 1-hour time period may incur a fee. Reservations are subject to cancellation by ZOOM at any time for any reason without refund or compensation. Vehicle is Intended for Only Limited Types of Use. Member agrees that he/she will not use the E-scooter for racing, mountain riding, or stunt or trick riding. Member agrees that he/she will not operate and/or use the E-scooter on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Member agrees that he/she will not use the E-scooter to transport persons for hire or reward, nor use it in violation of any law, ordinance, or regulation. No Tampering. Member must not tamper with, attempt to gain unauthorized access to, or otherwise use the ZOOM Services other than as specified in this Agreement. Member Responsibility for E-scooter Use and Damage. Member agrees to return the E-scooter to ZOOM location in the same condition in which it was rented. Member will not be responsible for normal wear and tear. Electric Vehicle. The E-scooter is an electric vehicle that requires periodic charging of its battery in order to operate. While as part of the Services, ZOOM endeavors to make sure the E-scooter is fully charged on a regular basis, it is Member’s responsibility to make sure prior to initiating a ride that the E-scooter has adequate electric charge for the expected duration of the ride. Member agrees to use and operate the E-scooter safely and prudently in light of the E-scooter being an electric vehicle and all of the limitations and requirements associated therewith. Member understands and agrees with each of the following: The level of charge power remaining in the E-scooter will decrease with use of the E-scooter (over both time and distance), and that as the level of charge power of the E-scooter decreases, the speed and other operational capabilities of the E-scooter may decrease (or cease in their entirety). The level of charging power in the E-scooter at the time Member initiates the rental or operation of the E-scooter is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the E-scooter is not guaranteed and will vary based on the E-scooter, road conditions, weather conditions, and other factors. It is Member’s responsibility to check the level of charge power in the E-scooter and to ensure that it is adequate to complete trip before initiating operation of the E-scooter. The distance and/or time that Member may operate the E-scooter before it loses charging power is never guaranteed. The E-scooter may run out of charging power and cease to operate at any time during Member’s rental of the E-scooter, including before reaching Member’s desired destination. Charging of Vehicle. If the E-scooter runs out of charging power during a rental, Member shall conclude the ride in compliance with all terms of this Agreement. Member may not charge, attempt to charge, or engage others to charge the E-scooter. Helmets; Safety. Use by Member and any of a Safety Helmet is highly recommended if your above 18 years old, for the use of ZOOM’s Services. As part of the Services, ZOOM provides Member with the possibility to rent Safety Helmets. ZOOM and all other Released Persons do not represent or warrant the quality or safety characteristics of any Safety Helmet provided by ZOOM as part of the Services, and Member agrees that none of the Released Persons is liable for any injury suffered by Member and/or an while using a Safety Helmet provided by ZOOM for use of the Services. Member assumes all risk for themselves of not wearing a Safety Helmet or other protective gear. Member may need to take additional safety measures or precautions not specifically addressed in this Agreement. Vehicle Routes. Member agrees that ZOOM does not provide or maintain places to ride E-scooters, and that ZOOM does not guarantee that there will always be a safe place to ride an E-scooter. Roads, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards. Limitations on Vehicle Rental. Member agrees that ZOOM is not a common carrier. Alternative means of public and private transportation are available to the general public and to Member individually, including public buses and rail service, taxis, and pedestrian paths. ZOOM provides E-scooters only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate an e-scooter on their own and who have agreed to all terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use. Appendix B FINES AND PENALTIES Parking fines and fees: Cost of ticket and related fees incurred by ZOOM and up to $15 discretionary penalty fee for repeated offenses. You are responsible in the event of a parking citation during, and within 24 hours of the end of, your reservation. ZOOM may immediately pay all traffic violations on the E-scooter, and will charge the ticket cost to your account. Members must pay ZOOM for the parking fine and related fees even if a Member attempts to dispute a ticket with the parking authorities. Because ZOOM is paying traffic violations on behalf of Members, it is not possible, and Members are prohibited from, disputing any parking fines with the relevant authority. Unauthorized Parking (ending your ride outside of ZOOM’s location): $150. If Member parks the E-scooter and ends the ride elsewhere than the ZOOM location, or if you park in an unauthorized area, we will need to move it, and will charge you a fee of $150. Member is responsible for any fines on the E-scooter until ZOOM staff retrieves it. Leaving E-scooter Unlocked: $150 - $250 fine at the discretion of ZOOM. If a Member does not lock the E-scooter (including leaving the helmet), or end their rental through the App, which could result in damage or theft of the E-scooter. Unless the Member ends the ride with the assistance of a ZOOM employee. E-scooter Towed/Retrieval Service Fee: $400+. If a rented E-scooter is towed and within 24 hours of the end of a Member’s ride, Member is responsible for all related fees and fines. Member is also responsible for a $150 Retrieval Service Fee to compensate ZOOM for having to retrieve the E-scooter. Members are prohibited from disputing any tow or retrieval fees levied. Safety Violation: $150+. If you otherwise violate the Rules or use a ZOOM E-scooter in a manner deemed unsafe by ZOOM, ZOOM will charge you a Safety Violation Fee of up to $150 and may restrict or terminate your Membership. Lost/Damaged Helmet: Up to $75. If a Member loses or takes a helmet after ending their ride (whether intentionally or accidentally), they will be charged up to $75. Riding on or Within a Prohibited Area: Up to $75 (plus Unauthorized Parking Fee and other fees as set forth herein, if applicable). Damage Fee: Up to $500. Accidents happen. If you report the damage to the E-scooter and are otherwise in compliance with the Membership Agreement, we will limit your damage fee to the lesser of: $500, the fair market value of the E-scooter immediately before it was damaged, and the repair cost for the E-scooter, in each case as estimated by ZOOM in its reasonable discretion. If you have violated any of the terms herein, the $500 cap will not apply. Third Party Claim: up to $500. Member is responsible for the first $500 for each insurance claim made by any and all third part(y)ies arising from any accident or incident and for which the Member is determined by the insurance company to be liable. If you have violated any of the terms herein or are not covered by insurance in accordance with the terms herein, the $500 cap will not apply, and you will be responsible for the entirety of the claim. Stolen E-scooter: If Member’s E-scooter is stolen during Member’s rental and recovery is unsuccessful through our GPS locator, ZOOM may charge you $750 for the E-scooter. If an e-scooter is stolen due to your intentional actions or negligence, you will be liable for the reasonable costs incurred by ZOOM for the loss up to the fair market value of the E-scooter, in each case as estimated by ZOOM in its reasonable discretion. Multiple Cancellation Fee: $5. Members are allowed to cancel or have their reservation expire after reserving an E-scooter in the App. However, if Members cancel or change their reservation a second time in the same 1-hour time period, they will be charged a $5 Multiple Cancellation Fee. Declined credit card payment: $15 Failure to Report Fee: Up to $500, for not reporting damage to an e-scooter or an accident involving a third party or third-party property. Excessive cleaning required: Up to $100, depending on severity. I Acknowledge ❌ Send