Revel Membership Agreement

Last Revised: July 20, 2018

THE SERVICES (“SERVICES”) PROVIDED BY REVEL TRANSIT INC. (“REVEL”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THIS “MEMBERSHIP AGREEMENT”). BY EITHER ACCEPTING THIS MEMBERSHIP AGREEMENT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Definitions. “App” means Revel’s proprietary software application, which can be downloaded and accessed with a mobile device. “Effective Date” means the date your registration is approved. “Member” means a person who has been approved by Revel for Membership after registering via the App and agreeing to these terms and conditions. “Member Account” means an App-based portal used by Members to manage their Membership information and privileges. “Membership” means a revocable, non-exclusive, nontransferable right to use Revel’s Services subject to this Membership Agreement. “Membership Agreement” means this agreement. “Moped” means the vehicle provided by Revel to Member in accordance with the Membership. “Orientation” means a brief, complimentary tutorial provided by Revel to new Members to orient them with the proper use of Mopeds. This is not a lesson with certified training professionals. “Rate Schedule” means the pricing at https://reveltransit.com/how-it-works/#pricing, incorporated herein and attached hereto at Appendix A, as amended. “Registration Fees” means the fees we charge for registering for the Services, as described in the Rate Schedule, which may vary depending on the Member’s initial sign up offer. “Rules” or “Rules of the Ride” means the rules incorporated herein and attached hereto at Appendix A, as amended. “Services” means the services provided by Revel through the Site or the App, as more fully described in your application and this Membership Agreement. “Site” means Revel’s Web site (reveltransit.com) and any related Web sites. “Term” means the Membership time period described in your application, including renewals. The Services Membership. All memberships are non-transferable and non-refundable. Membership is conditional on Revel’s acceptance of Member’s application, driving record, approved payment, confirmation of the terms and conditions of the Membership Agreement, Privacy Policy, Terms of Use, and the successful completion or waiver of Orientation. Ownership; Use. This Membership Agreement does not grant Members any rights of ownership, use or control over Revel, Revel’s operations or finances, or any Moped. Revel remains the sole owner of the Mopeds and any other items makes available to Member hereunder. The Member may use Revel’s Mopeds after Membership approval, Orientation, and payment of any applicable Fees. Eligibility The Member must:
  1. Obtain at its own expense all necessary equipment and services needed to use the Revel App (including a mobile device and wireless service). Charges from a Member’s wireless carrier or communication service are not Revel’s responsibility. Revel 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;
  2. Agree to allow Revel 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 Revel’s Privacy Policy (https://reveltransit.com/how-it-works/#pricing), as it may be updated by Revel from time to time);
  3. Have a valid U.S. driver’s license;
  4. Have a driving record that meets or exceeds Revel’s requirements, which Revel may establish or change in its sole discretion;
  5. Fully complete the application and agree to be bound by the terms and conditions in this Membership Agreement, and confirm that all documents requested by the application, are accurate and truthful;
  6. By submitting an application, applicants grant Revel permission to obtain their information from third parties to decide whether they are eligible for membership. We will be carrying out checks such as, but not limited to, an identity, driver record, and credit check. We may pass your personal information to third-party agencies to carry out identity, driver record, and credit checks and they may keep a record of any search that they do. This check may leave an electronic note or “footprint” on your record. The information is not sold to third parties’;
  1. Be 21 years old or older;
  1. Have the ability to ride a bicycle;
  2. Be at least 5 feet, 2 inches tall and weigh less than 280 pounds; and
  3. Have experience riding a moped in live traffic. Inexperienced Members must attend the free in-person Orientation before using the Services. After Orientation, applicants may still be required to attend a certified motorcycle training course with professional instructors before using the Services.
Satisfaction of the application criteria in this Membership Agreement does not automatically grant the right to be a Member. Applications are subject to final approval by Revel in its sole discretion. Fees and Payment; No Refunds Fees. Member agrees to pay Revel all applicable fees pursuant to the Rate Schedule. Payment. All fees and costs are due when they are incurred, including but not limited to driver’s license verification fees, Registration Fees, and all other costs and fees as provided in the Rate Schedule. Revel will charge a Member’s credit/debit card for any such fees and costs. Member is required to provide Revel a valid credit/debit card number. Temporary or prepaid credit/debit cards are not an acceptable form of payment. Pre-Authorization. Revel may place a temporary hold of a specific amount on your credit/debit card up to full replacement cost of a Moped. This is done in certain instances to verify the credit/debit card is valid or has the necessary funds to cover Revel’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 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. Taxes. While using Revel Services, Member is responsible for all applicable governmental taxes, including sales, use, car rental, or VAT. Applicable taxes will be added to Member’s bill. Disputed Charges. To dispute a posted charge, Member must send Revel a notice in writing within 30 days of disputed charge. If no notice is given within 30 days, the charge will be final. Delinquent Accounts.  Members are billed for amounts due via credit/debit card, or other means as established by Revel. Any Member account which is past due will be suspended. 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. Members are responsible for providing and maintaining current credit/debit card information on file with Revel. Ongoing issues with credit/debit card billings may result in termination of membership. Under no circumstances will Revel be responsible for any overdraft or other fees charged by a Member's credit/debit card bank. In addition, Revel may engage third parties to collect amounts owed to Revel by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities. Revel 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. No Refunds. Once charged, all fees are final and nonrefundable. This includes the Registration Fee, even if the Applicant is denied use of the Services. Damages; Liability Coverage; Collision Damage Fee Waiver Moped Damages. If a Member fails to abide by the terms and conditions of this Membership Agreement, the Member is responsible for the full cost of any accident or incident and any damage arising from such accident or incident. This includes all damage that occurs to the Moped while in the Member's possession or control. The Member may be responsible for the full value of any and all damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Moped and third-party property, injuries to third parties, costs associated with the recovery or transportation of the Moped, and the loss of use of the Moped or third-party property. Member will be responsible for all damage and costs incurred as a result of the use of a Moped by any other person under his/her Member Account. However, in general, most damages arising from a Member's use of the Moped will be limited to the Moped Damage Fee described below. Revel will not hold Member liable for any amounts that Revel recovers from any other party. Moped Damage Fee. If a Member is compliant with all of these terms and conditions, the Member’s responsibility for damages described above will be limited to $500. However, in the event of negligence, failure to comply with these terms and conditions, or intentional wrongdoing, the Member will be liable for the lesser of the full cost of the Moped repair, and the fair market value of the Moped immediately before the damage. Liability Coverage. Revel provides liability coverage of up to $50,000 for damages during a Member’s use of Mopeds if the Member complies with all terms and conditions of this Membership Agreement. If applicable, Member agrees that their privately-held motor vehicle insurance will be the primary insurance in case of damages. If damages exceed $50,000, Member is responsible for covering the cost of damages above this amount. As more fully described below under “Mandatory Procedures if Damage to or Loss of Moped Occurs”, Member must report any accident to Revel’s customer service team within 1 hour of an incident occurring and complete and submit to Revel a police report. Completing these actions will help confirm that the Member is covered by Revel's insurance policy. If insurance coverage exists under Member’s applicable insurance policy, Member may require that the Revel submit any claims to Member’s insurance carrier. Upon Member’s request, Revel will submit any claims to Member’s insurance carrier and will not make any written or oral representations to the contrary, nor will Revel make any written or oral representations that it will not negotiate with the Member’s insurance carrier. Optional Collision Damage Waiver. Revel offers an optional collision damage waiver (“CDW”) which Members may purchase for $35 per year. If Member purchases a CDW, subject to the following terms, Revel will not hold Member liable for all or part of any physical damage to Moped for which Member may otherwise be liable while the CDW is in effect. NOTICE: This contract offers, for an additional charge, optional vehicle protection to cover your financial responsibility for damage or loss to the rental vehicle. The purchase of optional vehicle protection is optional and may be declined. You are advised to carefully consider whether to purchase this protection if you have rental vehicle collision coverage provided by your credit card or automobile insurance policy. Before deciding whether to purchase optional vehicle protection, you may wish to determine whether your credit card or your vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under such coverage. Purchasing and Paying for Collision Damage Waiver; Cancellation. CDW must be purchased at time of registration and/or prior to rental of Moped for which CDW will apply. CDW typically renews automatically on an annual basis. A Member's credit card will be automatically charged annually when due. The CDW is limited to the period stated at the time of purchase; after which, if you elect not to renew or repurchase or cancel a CDW, you will be once again responsible for the cost of physical damage as described in this Agreement. CDW is nonrefundable; provided, Member may void the CDW at no charge within 24 hours of rental of a Moped provided that Member: (i) has rented the Moped for 2 or more days, (ii) appears in person at Revel’s offices together with the Moped that shall be subject to inspection, and (iii) signs a cancellation form provided by Revel. Reporting Accidents, Damage to or Loss of Moped. Member must follow the procedures described below under “Member Responsibilities”. Voiding the CDW. The CDW shall be void and of no use if one or more of the following applies: (i) The damage or loss is caused intentionally or as a result of willful, wanton, or reckless conduct of Member; (ii) The damage or loss arises out of Member’s operation of the Moped while intoxicated or impaired by alcohol or drugs; (iii) Revel entered into the rental transaction based on fraudulent or materially false information supplied by Member; (iv) The damage or loss arises out of the use of the Moped while engaged in the commission of a crime other than a traffic infraction; (v) The damage or loss arises out of the use of the Moped to carry persons or property for hire, to push or tow anything, while engaged in a speed contest, operating off road, or for driver’s training; (vi) The damage or loss arises out of the use of the Moped by a person other than Member; (vii) The damage or loss arises out of the use of the Moped outside of the continental United States; or (viii) Member failed to comply with the requirements for reporting damage or loss. Member Responsibilities Acknowledgment. By becoming a Member, the Member represents and warrants to Revel that the Member has received all explanations as the Member may have reasonably requested concerning the content of this Membership Agreement, including all Schedules, and that the Member has carefully reviewed, understands and agrees to the Member's commitments and obligations hereunder. The Member understands that Revel may, at its discretion, run a motor vehicles background check and the Member understands and authorizes this action according to Appendix B. The Member also represents that the Member has reviewed, understands, and agrees to Revel’s Privacy Policy and Terms of Use. Driving Record. If the Member's license is suspended or revoked or becomes invalid, if the Member has any further endorsements or accidents on their driving record, or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving, or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Revel immediately and the Member’s right to access and/or use Revel Mopeds may immediately cease. Failure to immediately notify Revel of any such events, or providing Revel with any false information may lead to the Member not being covered by Revel's insurance policy when driving a Revel moped and/or termination of Membership. Orientation. Member will complete Revel’s free in-person Orientation before using the Services. Member may opt out of Revel’s free in-person Orientation if they have experience driving a Moped in live traffic. For additional clarity, Orientation is a brief riding session and short introduction to the Moped (less than thirty minutes in length). It is not a professional lesson with certified trainers. Successful completion of Orientation does not automatically make a Member eligible to use the Services. Eligibility is solely in Revel’s discretion. Rules. Member agrees to follow all Rules. Accidents. If, while Member has a Moped in their possession, the Moped is involved in an accident with another vehicle or an incident resulting in damage to a third party, Member must contact the police and fill out a police report, contact Revel within 1 hour and provide the information below:
  1. Details, circumstance, and location of the incident (time, address, relevant details of the accident);
  1. 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);
  2. Insurance materials of all parties involved (e.g., policy number, name, insurance provider);
  3. Witness contact information (e.g., name, address, phone number); and
  4. Insurance information for your personal motor vehicle policy, if applicable.
Member may not under any circumstances make an admission of liability or fault. This action could void Member’s insurance policy. Member agrees to fully cooperate with Revel, investigators, and insurance partners in the event of an accident or damages to any third party person or property. In the case of noncooperation, Revel 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 Revel in Member’s name in Revel’s sole discretion. Mandatory Procedures if Damage to or Loss of Moped Occurs. Member must report the damage or loss to Revel within 1 hour pursuant to the procedures described in this Agreement. Member also has the right to inspect the Moped and receive an incident report from Revel, subject to the terms below. Upon return of the Moped, termination of this Agreement, or within 10 days if returned by automation or after-hours, Revel shall furnish an incident report form and a notice of Member’s obligation to execute and return to Revel a complete and accurate incident report describing any physical and/or mechanical damage. If the Moped is returned by automation or after-hours, the incident report form and notice will be mailed by overnight delivery service or certified mail, return receipt requested, and another copy of the notification will be sent by regular mail. Revel will retain for 6 years a copy of the notice and the certified mail return receipt. Upon return of the Moped, or within 72 hours if the return is by automation or after-hours, Member or his or her insurer must notify Revel that they wish to inspect the damaged Moped. The inspection must be completed within 7 days of the return date of the Moped. If Member or his or her insurer does not request this inspection within the 72-hour period, Member or his or her insurer will be deemed to have waived this right. If Member declines or fails to complete and return the incident report, Revel will, no sooner than 20 days after the mailing of notification, mail another copy of the incident report together with a letter stating that Member has declined or otherwise failed to complete and return the incident report. Such mailing will be by overnight delivery service or certified mail, return receipt requested, and another copy of such notification by regular mail, with proof of mailing by production of a certificate of mailing from the post office. Within 72 hours of return of the Moped, Member or his or her insurer must notify Revel that he or she wishes to inspect the damaged Moped. The inspection must be completed within 7 days of the return date of the Moped. If Member or his or her insurer does not request this inspection within the 72-hour period, Member or his or her insurer will be deemed to have waived this right. If Revel determines the damaged Moped to be a total loss and subject to salvage, such 72-hour period for notification or waiver of the wish to inspect the damaged Moped will not apply, and Member or his or her insurer will have 10 business days from Member’s receipt of notification from Revel to inspect the damaged Moped, unless Revel agrees to provide access to such damaged Moped beyond the 10 business days provided herein. Within the time limits described above, Revel will identify the repairer of, and provide access to, the damaged Moped, in order to verify the nature and extent of damages, repairs and repair costs, and/or repair estimates. All notices will be mailed to Member’s address as stated on his or her license, or other address as designated by him or her. Member will complete and return the incident report within 10 days of the receipt of the notice. If Member is physically incapable of completing the report, the timing requirements will lapse until after he or she is able to complete the report and is notified that he or she must complete and return the report as required. Member must report any accident to Revel’s customer service team within 1 hour of an incident occurring and complete and submit to Revel a police report. Member must notify Revel or police within 12 hours of learning of the theft of a Moped. Indemnification; Limitation of Liability Member agrees to indemnify, defend, and hold Revel, its affiliates, and its and their respective, officers, directors, shareholders, partners, employees and agents (collectively, the “Revel Parties”) 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 Revel arising out of, resulting from, or related to Member’s use or rental of a Moped. LIMITATION OF REVEL’S LIABILITY. Except to the extent any loss or damage is due SOLELY to Revel’s gross negligence or willful misconduct: REVEL IS NOT LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF MEMBER’S RENTAL USE OF A MOPED OR THE SERVICES. REVEL MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF A MOPED, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RIDING A MOPED 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 MOPED CRASH. ACCIDENTS ALSO FREQUENTLY OCCUR ON LEFT HAND TURNS OR WHILE STOPPED AT THE TRAFFIC INTERSECTION SINCE A MOPED IS MORE DIFFICULT FOR OTHER DRIVERS TO SEE. LANE SPLITTING CAN CAUSE SERIOUS ACCIDENTS AS WELL. OTHER COMMON REASONS BEHIND MANY MOPED ACCIDENTS (BUT NOT A COMPREHENSIVE LIST) INCLUDE POTHOLES, UNEVEN PAVEMENT, RIDING CARELESSLY IN INCLEMENT WEATHER, DEAD ANIMALS OR DEBRIS IN THE ROAD, SPEEDING, AND DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL WHEN A MOPED 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. Revel is not accountable for any damage to the Member’s belongings that occurs while riding a Moped, nor shall it be accountable for any harm to third parties for the actions taken by any Member during the reservation period of a Moped. Revel makes every effort to ensure there are enough Mopeds for Members, but cannot guarantee availability or functionality of a Moped and is not responsible for any Member damages arising from Moped non-availability. Members can use Mopeds depending on availability as the Services are delivered in a real-time basis and cannot be reserved more than 15 minutes ahead of time. Revel is not responsible for damages to a Member due to the use of any Moped accessories (e.g., parking center stand, cell phone mount, top case, bag hook, and helmet). The Member is solely accountable for Moped 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 Revel and not use the accessory. ANY USE OF A MOPED PROHIBITED BY THIS AGREEMENT VOIDS ALL COVERAGES OR WARRANTIES (INCLUDING BUT NOT LIMITED TO INSURANCE, ACCIDENT, OR LIABILITY COVERAGES, INCLUDING CDW); MAKES A MOPED SUBJECT TO IMMEDIATE RECOVERY BY REVEL WITHOUT NOTICE TO MEMBER; AND MAKES MEMBER RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE MOPED, INCLUDING REVEL EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE. Changes to the Membership Agreement; Term, Termination and Renewal; Notices Revel may edit and revise this Membership Agreement in its sole discretion at any time and will promptly give Members notice to the email provided by the Member during the application process, or when the revised Membership Agreement is posted to the Site or on the App. The revised Membership Agreement is effective the moment the new version is uploaded to the Site or App.  Use of the Services after revision to the Membership Agreement qualifies as acceptance of the new Membership Agreement. Term; Termination; Renewal. The Membership Agreement shall be in force upon Revel’s acceptance of Member’s application, payment of applicable fees, and completion or waiver of Orientation and shall remain in force until terminated as provided herein. Termination by Member. The Member may terminate his or her Membership immediately for no reason, subject to payment of any fees due. Termination by Revel.  Revel may terminate this Membership Agreement upon 30 days’ notice at any time without cause. Revel may immediately terminate this Membership Agreement if the Member: fails to pay any sum due; fails to comply with any term or condition specified in the Membership Agreement, or on the Site or the App; is involved in an incident with a Moped that, in Revel's reasonable discretion, renders the Member ineligible or inappropriate for continued Membership, engages in any activities or conduct that Revel determines to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or is not paying the Member's debts as such debts generally become due, becomes insolvent, or proposes any dissolution or liquidation. No fees will be refunded in the event of termination. Members agree that they must continue to maintain a safe driving record during the entire Term. Revel may occasionally rerun a Member’s driving record and maintains the right to terminate this Membership Agreement at any time, without notice, if the Member’s updated record is deemed to be unsafe for operating a Moped in Revel’s sole discretion. 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 Revel property in their possession to Revel, and agrees to cover all legal fees and expenses necessary for Revel to recuperate any debts owed under this Membership Agreement. Notices. Any Member notices in relation to the Membership Agreement must be sent to contact@reveltransit.com. Routine Revel communications will be sent to the cell phone number, email address, or mailing address provided by the Member. 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 Revel, Member has to terminate Membership, as more fully described in our Privacy Policy. Penalties. Member agrees to pay any fees outlined in the Rate Schedule in the event of non-observance of any provision in the Membership Agreement. CHOICE OF LAW; VENUE; JURY WAIVER These Terms of Use and our Privacy Policy shall be governed by the laws of New York without regard to choice of law rules. The exclusive jurisdiction and venue for any action under the Membership Agreement or in connection with the Services shall be in the state and federal courts in the county and state of New York. You agree to accept the personal jurisdiction of such courts and waive any claim that such courts do not have jurisdiction over such dispute or that venue in such courts is not appropriate or convenient. Revel will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any violation of the Membership Agreement. YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. ANTI-DISCRIMINATION NOTICE: New York State Law prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, marital status, or age: (1) refusal to rent; (2) the imposition of any additional charge (except in certain instances where the renter is under the age of 25). 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. Miscellaneous Revel reserves the right to change or amend the Services at any time, or deny the Services to a Member for any reason. No waiver by Revel of any of the provisions hereof is effective unless set forth in writing and signed by Revel. No failure or delay in exercising, any right, remedy, power or privilege arising herefrom operates as a waiver thereof. 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. Unless stated otherwise, all remedies hereunder shall be in addition to any other remedies available to either party at law or in equity. If any term or provision of this Membership Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Membership Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Provisions of these terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Membership Agreement. This Membership Agreement may only be amended or modified in a writing signed by Revel. This Membership Agreement, and any rights hereunder may not be transferred or assigned by the Member without Revel’s express written consent, which may be granted in Revel’s sole discretion. This Membership Agreement is binding upon the parties hereto and their permitted successors and assigns. 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. This Membership Agreement, and all terms incorporated herein by reference, including but not limited to the Rate Schedule, Rules of the Ride, Privacy Policy, and Terms of Use, constitutes the entire agreement between the parties hereto regarding the subject matter hereof. The Member acknowledges and agrees that Member has not relied upon any promise, representation, or warranty, either express or implied, not contained herein. In the event of a conflict between the terms of this Membership Agreement any other document referenced herein, the terms of this Membership Agreement shall govern. I, [to be completed electronically], have read, understand and agree to be bound by this Membership Agreement. Date: [to be completed electronically] Signature: [to be completed electronically]   Appendix A RULES OF THE RIDE Members are required to abide by these rules of the ride (“Rules”), in addition to the other terms and conditions in the Membership Agreement. By becoming a Member, you acknowledge and agreed to follow these Rules. 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 Membership Agreement. Approved Moped Operators Only Members may use or operate one of our Mopeds. Renting or subletting of the Moped to any other person is not allowed. If a Member permits another person to use a Moped, that Member’s account will be suspended or terminated. Only Members with significant experience riding a moped in live traffic may operate a Moped. Inexperienced Members must attend the free, in-person Orientation before using the Services. After Orientation, a Member may still be required to take a certified motorcycle training course with professional instructors before using the Services. Only Members 21 years of age or older may operate a Moped. Members over 280 pounds or under 5’2” may not operate a Moped, as these exceed the maximum weight and minimum height limits for safely operating a Revel Moped. Members must be able to ride a bicycle. If you do not have the balance or strength to ride a bicycle, you will not be able to safely operate a Moped. Only one Member may ride a Moped at a time. Having two riders on the Moped could seriously damage the electric motor and controls. You may be liable for the entire cost of the Moped if your actions cause damage to the drivetrain. Members must have a valid U.S. license to operate a motor vehicle in New York State. Your license must be kept on you at all times during a rental. Revel reserves the right to reject applicants in its sole discretion based on driving record (including, but not limited to, having a number of driving infractions). Attending an Orientation with Revel staff does not automatically grant you permission to use our Services. Certain Uses Not Permitted Mopeds shall not be used:
  1. By anyone not wearing a New York State Department of Transportation (“DOT”)-approved helmet with appropriate eye protection. Helmets provided by Revel in the Moped top case include a DOT-approved visor for eye protection;
  2. To carry a passenger (including animals) or instruct any other person on how to operate a Moped;
  3. To push or tow any other vehicle or object;
  4. To ride between lanes of traffic or traffic and parked vehicles to pass other moving vehicles (aka: “lane-splitting”);
  5. To ride in bicycle lanes;
  6. To ride on sidewalks or pedestrians walkways;
  7. To race, compete or perform tricks;
  8. While under the influence of drugs or alcohol, or while committing any other illegal activity;
  9. Negligently or in an abusive or harassing manner;
  10. Outside the boroughs of Brooklyn and Queens, on any bridges crossing into Manhattan, Bronx, or Staten Island, or on roads with speed limits over 35 MPH;
  11. To carry over 30 pounds of cargo;
  12. During inclement weather;
  13. While using a mobile device for any manner other than to operate the Moped (e.g., calling, texting or emailing); or
  14. For any use outside the scope of a Moped’s intended purpose.
Any inappropriate use of a Moped, as determined by Revel in its sole discretion, or any violation of law will be deemed to be a violation of these Rules. Moped Reservations Mopeds are available to Members in the order of arrival of ride requests. Members using a Moped 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 up to 15 minutes after making the reservation. More than one reservation cancellation or change in the same 1-hour time period will incur a fee. Moped Use/ Parking Before using a Moped, a Member must inspect the Moped for damage (e.g., body damage, low tire pressure, missing helmets in the top case, broken lights/signals, mirrors, and properly functioning brakes). If the Moped has signs of any damage, the Member must contact Revel immediately via the damage reporting feature on the App (located in the “Help” section) to avoid being held responsible for the damages. Failure to report damage prior to using the Moped may incur liability for the repair costs. Members must not use a Moped that has damage to the brakes, tires, signals, lights or mirrors. Members are responsible for all charges and costs incurred, and any loss or damages, related to the Moped from the time a Member activates a Moped until it is returned and secured at its designated location. Members are additionally responsible for any damages caused to third persons or their property. Members must operate the Moped in a careful, reasonable manner, and in accordance with the Orientation and any virtual tutorials or safety videos provided by Revel. Member must notify Revel immediately if the Moped malfunctions, or is damaged or stolen. If, through no fault of the Member, the Moped malfunctions or is damaged it cannot be safely operated and the Member is unable to bring the Moped to the home operating zone, or if the Moped is stolen, the Member may use a substitute form of transportation and Revel will issue a ride credit up to $10. Members are responsible for any violations, including but not limited to traffic and parking violations incurred during a rental as well as 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 a Moped. Members agree to pay for all violations incurred. The Member agrees that Revel may charge the Member’s payment method on record. Before ending a ride, Members must return the moped clean and in good working condition to a location with available parking within Revel’s “Home Zone” (the shaded zone displayed on the map in the App). Within the Home Zone, the Moped must be parked on public, non-metered, on-street parking, and must be parked at least 2 feet from the closest vehicle, red or yellow curb, crosswalk, at least 15 feet from the closest fire hydrant, and 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. Members are responsible for ensuring that a Moped retains enough charge to be returned by Member to Revel’s Home Zone during a Member’s use of such Moped. If a Member fails to do so, the Member will be responsible for the reasonable cost incurred by Revel to return the Moped to Revel’s Home Zone. RATE SCHEDULE Fees stated below are in addition to actual amounts owed to Revel and applicable taxes. This schedule is subject to change, and will be amended as Revel makes changes to its Services. Please visit https://reveltransit.com/how-it-works/#pricing for the most current rates. Driver’s License Record Fee: $25. Use (Ride) Fees: $4 for the first 20 minutes, $0.25 for each additional minute and $3/hour for stopovers. Fees are prorated per minute, so it will be $0.05/min for stopovers. The first 20 minutes is always $4; there is no reduced rate for stopovers during this time window. Total riding minutes and total parking minutes are counted to arrive at the final Fee for ride. For example: Fines and Penalties Parking fines and fees: $25 Service Fee + cost of ticket and related fees incurred by Revel. You are responsible in the event of a parking citation during and within 24 hours of the end of your reservation. Revel will immediately pay all traffic violations on the Moped, and will charge the ticket cost to your account, in addition to the $25 Service Fee. Member must pay Revel for the parking fine and related fees even if a Member is disputing a ticket with the parking authorities. Payment will be refunded in the event that a Member is successful in their dispute. Unauthorized Parking (ending your ride outside of Revel’s Home Zone): $50-$150. If Member parks the Moped and ends the ride outside of our Home Zone, or if you park in an unauthorized area, we will need to move it, and will charge you a fee of $50 up to $150, depending on location. Member is responsible for any fines on the Moped until Revel staff retrieves it. Leaving Moped Unlocked: $25. If a Member does not lock the Moped (including leaving the helmet top case unlocked), or properly secure the Moped on its center stand, or end their rental through the App, which could result in damage or theft of the Moped. Moped Towed/Retrieval Service Fee: $400+. If a rented Moped 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 Revel staff having to retrieve the Moped. Safety Violation: $25+. If you violate the Rules or use a Revel moped in a manner deemed unsafe by Revel, we will charge you a $25 Safety Violation Fee and may restrict or terminate your Membership. Lost/Damaged Helmet: up to $75. If a Member loses or accidentally takes a helmet after ending their ride, they will be charged $3 per hour from the time you took the helmet after the ride to the time it is returned (to a maximum fee of $75). Riding Outside Brooklyn or Queens: Up to $75 (plus Unauthorized Parking Fee, if applicable). Damage Fee: Up to $500. Accidents happen. If you report the damage to the Moped 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 Moped immediately before it was damaged, and the actual repair cost for the Moped. Stolen Moped: If Member’s Moped is stolen during Member’s rental and recovery is unsuccessful through our GPS locator, Revel may charge you $500 for the Moped. If a Moped is stolen due to your intentional actions or negligence, you will be liable for the reasonable costs incurred by Revel for the loss up to the fair market value of the Moped. Multiple Cancellation Fee: $5. Members are allowed to cancel or have their reservation expire after reserving a Moped 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: $150, for not reporting damage or an accident involving a third party or third party property. Excessive cleaning required: Up to $150, depending on severity.     Appendix B MOTOR VEHICLE RECORDS CHECK DISCLOSURE AND AUTHORIZATION Disclosure Regarding Background Investigation Revel (the “Company”) may obtain information about you from a third party consumer reporting agency for Moped rental purposes. Thus, you may be the subject of a “consumer report” which may include information about your character, general reputation, personal characteristics, and/or mode of living.  These reports may contain information regarding your credit history, criminal history, motor vehicle records (“driving records”), verification of your education or employment history, or other background checks. You have the right, upon written request made within a reasonable time, to request whether a consumer report has been run about you and to request a copy of your report.  These searches will be conducted by Checkr, Inc., One Montgomery Street, Suite 2000, San Francisco, CA 94104 | (844) 824-3257 | checkr.com/applicant. Acknowledgment and Authorization for Background Check I acknowledge receipt of the separate documents entitled Disclosure Regarding Background Investigation and A Summary of Your Rights Under the Fair Credit Reporting Act and certify that I have read and understand both of those documents. I hereby authorize the obtaining of “consumer reports” and/or “investigative consumer reports” by Revel Transit Inc. (the “Company”) at any time after receipt of this authorization and throughout my employment, if applicable.  To this end, I hereby authorize any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, past or present employers, motor vehicle records agencies, or insurance company to furnish any and all background information requested by Checkr, Inc., One Montgomery Street, Suite 2000,  San Francisco, CA 94104 | (844) 824-3257 | https://checkr.com/applicant and/or the Company.  I agree that a facsimile (“fax”), electronic, or photographic copy of this Authorization shall be as valid as the original.
New York residents/applicants only:  Upon request, you will be informed whether or not a consumer report was requested by the Company, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report.   You have the right to inspect and receive a copy of any investigative consumer report requested by the Company by contacting the consumer reporting agency identified above directly. By signing below, you acknowledge receipt of Article 23-A of the New York Correction Law. New York City residents/applicants only: You acknowledge and authorize the Company to provide any notices required by federal, state or local law to you at the address(es) and/or email address(es) you provided to the Company.
Washington State applicants only:  You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act. 
Minnesota and Oklahoma applicants only:  Please contact the Company at contact@reveltransit.com if you would like to receive a copy of a consumer report if one is obtained by the Company.
San Francisco applicants only: Please click below for the San Francisco Fair Chance Act Notice. Los Angeles applicants only:  Please click here for the Los Angeles Notice to Applicants and Employees for Private Employers.  
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