What to Know 

Boise, ID 83701

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© 2018 by SYNERGY CYCLES 

TERMS OF SERVICE

WE WANT YOU TO KNOW EVERYTHING YOU NEED TO KNOW.

For your own personal copy, click the link below to download our terms of service.

Fees, Billing & Payment 

Upon confirmation of lease, we require a security deposit of $100 per bike to be charged to the Customer in the form of a credit card charge. For a monthly lease, if the initial agreement date begins on a day other than the 1st day of the month, the rental rate will be prorated for that month.  Customer acknowledges and agrees that Synergy Cycles is permitted to bill Customer any applicable fees (including the Security Deposit), any applicable taxes and any other charges that Customer may incur with Synergy Cycles in connection with Customer’s lease of the Bicycle pursuant to this Agreement (“Charges”). The Charges will be paid via credit card through Synergy Cycles third-party payment processor. Customer acknowledges and agrees that Synergy Cycles will automatically charge Customer’s credit card on record with Synergy Cycles for the then-current Lease Fee upon the commencement of any Renewal Term (as defined below). If payment is not received and/or cannot be charged to Customer’s credit card for any reason in advance, Synergy Cycles reserves the right to immediately terminate this Agreement. All Charges are non-refundable except as expressly provided herein. Any bank fees related to returned or canceled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If the Bicycle and all accessories provided by Synergy Cycles are returned promptly at the end of the Term in clean, undamaged condition (less reasonable wear and tear) upon termination of this Agreement, Synergy Cycles will promptly refund the Customer’s security deposit. If any action is brought to enforce any of the terms of conditions of this agreement, or to recover any sums due to hereunder, customer agrees to pay all legal fees, court costs, or other expenses. Synergy Cycles reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by the Customer, pending Synergy Cycles reasonable investigation of such breach. If you dispute any payment made hereunder, you must notify Synergy Cycles in writing within thirty (30) days of any such payment; failure to notify Synergy Cycles shall result in your waiver of any claim relating to any such disputed payment. Synergy Cycles does not offer any refunds for leasing purchases made after the Lease Start Date, except in Synergy Cycle’s sole and absolute discretion. Synergy Cycles provides a five day grace period on payments from the Selected Billing Cycle Date, (the “Selected Billing Cycle Date”). In the event that the Customer does not make the payment within the allowed five day grace period, Customer will be charged a late fee of $5.00 per day until full payment is received.

 

Term, Termination    

Monthly Rentals

The initial term of this Agreement shall commence on the Lease Start Date and continue thru the date specified by the Customer. Upon expiration of the Initial Term, this Agreement shall automatically renew for successive thirty (30) day periods (each a “Renewal Term” and, together with the Initial Term, the “Term”) until terminated as set forth herein. The Customer agrees to authorize Synergy Cycles and/or our Third Party Processor to charge your card on the Selected Billing Cycle Date (1st or 15th) of every month of duration of the Agreement. Subject to Synergy Cycles’s right to immediately terminate as set forth in this Agreement, either party may terminate this Agreement by providing a fourteen (14) days’ written notice to the other party. Upon termination, Customer shall immediately return the Bicycle and all Accessories provided by Synergy Cycles to Synergy Cycles. After (30) days of failure to make payment, Synergy Cycles has the right to immediately terminate lease and confiscate the Bicycle. Customer agrees to pay all legal fees, court costs and other expenses involved in delinquent termination process. In the case of delinquent termination, Customer also agrees to pay full amount owed to Synergy Cycles including account balance, late fees and will not receive any portion of a security deposit refund. 

Hourly Rentals

The initial term of this Agreement shall commence at the Effective Date and Hour and end at the Return Date and Hour as specified in the Rental Agreement.  Upon termination, Renter shall immediately return the Bicycle and all Accessories provided by Synergy Cycles to Synergy Cycles.  The Term of an Hourly Rental Agreement may be extended for successive hourly Renewal Terms at the sole discretion of Synergy Cycles.

 

Delivery and Collection

Synergy Cycles provides a free Delivery (the “Delivery”) and return of the Bicycle with a 48 hour written notice between Synergy Cycles and the Customer. Synergy Cycles only provides the Delivery within a 15 mile radius of Company location. If immediate retrieval or delivery of the Bicycle is requested by the Customer, there will be a charge of $25 to the Customer. If the Bicycle under the Customer’s account is abandoned without notice, the Customer will be responsible for all fees until the Bicycle is recovered, plus a service charge of up to $150.00 to recover the Bicycle. Fees are subject to change in Synergy Cycle’s sole and absolute discretion and without notice to the Customer.

Customer’s Responsibilities and Acceptable Use

Customer acknowledges that Customer must be at least 18 years of age, or a minor with the consent of a legal parent or guardian, in order to rent the Bicycle pursuant to this Agreement. Customer acknowledges and agrees to be responsible for and adhere to acceptable use of the Bicycle as follows:

  • Customer shall use the Bicycle in a careful and proper manner and agrees to comply with all applicable laws relating to the lease and use of the Bicycle.

  • Customer shall always wear a helmet when riding the Bicycle.  Customer must always have adequate health and medical insurance in place when riding the Bicycle.

  • Customer is responsible for the care and condition of the Bicycle during the Term of this Agreement.

  • Customer must not tamper with; (dismantle, write on, deface, modify, or repair) any of the Bicycle, parts of the Bicycle, or associated accessories of the Bicycle in any way.

  • Bicycle must not be used for any commercial or advertising purposes without a written agreement from Synergy Cycles.

  • The Bicycle must always be stored in a secured, locked location or securely locked with the lock provided by Synergy Cycles. When locking the Bicycle with the provided lock, the Customer must lock the Bicycle frame to a Bicycle rack (no chain link fences or wooden posts).

    • Locking the Bicycle wheel to a Bicycle rack does not provide adequate security and may result in theft.

  • The Bicycle must be stored in a dry, covered area that prevents the Bicycle from coming into contact with the rain or other sources of water such as sprinklers.

    • Customer understands riding or storing the Bicycle where it may come in contact with liquids may cause serious and irreversible damage.

  • Customer must check the Bicycle before setting out on any ride to ensure the Bicycle is safe and in proper working condition, as well as keep the battery charged.

    • Do not let the battery fully discharge as it reduces the overall battery life.

  • Customer agrees to return the Bicycle in clean, undamaged condition to avoid any additional charges for repair, maintenance or replacement.

  • Customer agrees to always use visibility enhancements, such as blinking lights or reflectors, especially at night time.

  • Customer agrees to avoid riding the Bicycle thru patches of goat heads / thorns with intention to puncture tires.

  • Customer agrees that the Bicycle is designed for one rider at a time.

  • Customer agrees to return the Bicycle in clean, undamaged condition (less reasonable wear and tear).

  • Customer understands and agrees that any subleasing of leased equipment is prohibited and that any such sublease shall immediately cause termination and cancellation of the Agreement.

  • Customer shall not park the Bicycle in a manner that does not strictly comply with all applicable laws, rules, regulations, and/or ordinances. 

  • Customer agrees to be responsible for becoming familiar with any and all applicable laws, rules, regulations, and/or ordinances in the location of Bicycle usage.

 

Parent or Legal Guardian

As a Parent or Legal Guardian (“Parent or Legal guardian") to any minor, you assume full financial and/or any other responsibility for any and all misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of the minor’s use of the Bicycle and/or any of the Services offered from Synergy Cycles. You, the Parent or Legal Guardian expressly guarantee, represent, and warrant that you have conducted the requisite safety check of the Bicycle prior to use, and that you will constantly monitor the Bicycle while the minor is riding to ensure safety. The Parent or Legal Guardian expressly guarantee, represent, and warrant that you and the minor are bound by this Agreement and all of the terms herein.

 

 

Repairs, Loss, Damage

Customer acknowledges that Customer was provided the opportunity to inspect the Bicycle and that the Bicycle is in good working condition as of the Lease Start Date. Customer acknowledges and agrees that Customer is liable for all damage (other than reasonable wear and tear) and/or loss of the Bicycle. For purposes of this Agreement, reasonable wear and tear does not include a damaged battery, broken or malfunctioning components, broken spokes, broken or bent rims, or damaged frames, handlebars or seats. If the Bicycle is lost or stolen, Customer is liable for the retail replacement cost for the Bicycle to Synergy Cycles. If the Bicycle is impounded, Customer agrees to pay all fees associated with retrieving Bicycle.  If the Bicycle is damaged, Customer will immediately notify Synergy Cycles and stop using the Bicycle to avoid further damage. Customer will not attempt to repair the Bicycle, but rather will contact Synergy Cycles to repair any damage to the Bicycle. Synergy Cycles reserves the right to cancel the Bicycle Lease Agreement if repairs become excessive or Synergy Cycles determines, at it’s own discretion, that Customers actions are responsible for repairs or damage. Customer must report any accident, crash, damage, personal injury, stolen or lost Bicycles to Synergy Cycles immediately.

Tire Service

Synergy Cycles is not responsible for wear and tear of tires including but not limited to; flat tires and punctured tires. Customer acknowledges there is a Tire Service (“Tire Service”) provided at an additional cost, depending on bike model, and accepts to pay the agreed rate, or agrees to not accept service. If Customer denies Tire Service, Customer accepts to be charged all associated fees for time and service incorporated in changing, replacing or fixing flat tires on Customer’s Bicycle. Synergy Cycles will service tires upon written request for a charge of $25 per tire. Tires may also be serviced by responsible party or authorized repair shop, with knowledge that Customer is responsible for any and all damages that may incur immediately or in future use of the Bicycle.

Unauthorized Activities

Customer agrees that Customer shall not engage in any of the following activities with the Bicycle:

  • Riding the Bicycle while under the influence of alcohol or drugs.

  • Taking the Bicycle off jumps or curbs.

  • Engaging in stunts, wheelies, trick riding, racing or other reckless behavior with the Bicycle.

  • Providing rides to passengers or allowing others to ride the Bicycle.

  • Riding the Bicycle on rocky mountain Bicycle trails or through the rain, mud or sand.

  • Riding in any location that is prohibited, illegal and/or a nuisance to others.

This list of unauthorized activities is an example and is not complete or exclusive. Synergy Cycles reserves the right to immediately terminate this Agreement for any action that Synergy Cycles determines is inappropriate or may damage the Bicycle.

Assumption Of The Risk

Customers’s use of a bicycle is at Customers own risk. Customer understands and agrees that bicycling is an inherently hazardous activity that Customer participates in at his/her own risk, and that may entail unavoidable risk of death, personal injury (including, but not limited to, severe spinal or head injury) and loss of or damage to property. Customer also understands that Customer should be in good physical health in order to participate in bicycling. Customer acknowledges that Synergy Cycles is not responsible for the conditions of the roads, routes or surfaces on which Customer rides the Bicycles.  Customer further acknowledges that flat tires and mechanical failures are an inherent risk of bicycle riding for which Synergy Cycles is not responsible. Customer acknowledges and agrees that Customer is choosing to participate in bicycling in spite of these risks. Accordingly, Customer understands the inherent risk involved in using the Bicycle and accepts full responsibility for any and all such damage or injury which may result.

 

Waiver of Liability; Indemnification and Release of Claims

In consideration for Synergy Cycles leasing Customer the Bicycle pursuant to this Agreement, Customer agrees that Synergy Cycles, and its officers, directors, employees, agents and affiliates, (“Released Parties”) are forever released and discharged from any and all liability, claim, loss, cost or expense arising directly or indirectly from any damages arising from injuries to person or property, including death, sustained by Customer or any third party, as a result of any and all activities related to the lease, operation, or use of the Bicycle provided by Synergy Cycles to Customer pursuant to this Agreement, including any damages arising directly or indirectly from or attributable in any legal way to any negligence, action or omission of Synergy Cycles. Customer, on behalf of Customer, Customer’s heirs, assignees and personal representatives does hereby agrees to waive, indemnify, hold harmless and promise not to sue Synergy Cycles, or it’s Released Parties for any and all damages arising from injuries to person or property, including death, sustained by Customer or any third party, as a result of any and all activities related to the lease, operation, or use of the Bicycle provided by Synergy Cycles to Customer pursuant to this Agreement. Customer agrees to assume all risks associated with using this Bicycle and releases the Released Parties for any injuries to Customer that may occur during Customer’s use of said Bicycle. The general release in this Agreement extends to claims that Customer does not know or suspect to exist in its favor, which, if known by Customer, would have materially affected Customer’s decision to enter into this Agreement. In connection with such waiver and relinquishment, Customer acknowledges that it is aware that, after executing this Agreement, Customer or its attorneys or agents may discover claims or facts in addition to, or different from, those which they now know or believe to exist with respect to the subject matter of this Agreement or the parties hereto, but that it is Customer’s intention hereby to fully, finally, and forever settle and release all of the claims, whether known or unknown, suspected or unsuspected, which now exist, may exist, or heretofore may have existed among them. In furtherance of this intention, the releases herein given shall be, and remain in effect as, full and complete releases notwithstanding the discovery or existence of any such additional or different claim or fact.

Limitation of Liability

In no event shall Synergy Cycles be reliable to Customer for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising (and whether or not such damages are foreseeable or a party has been advised of the possibility of such loss or damage). In no event will the maximum aggregate liability of Synergy Cycles to Customer or any third party arising out of or related to this agreement, whether arising in tort (including negligence), equity, breach of contract or otherwise, exceed five hundred dollars ($500). 

General

Idaho law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this Agreement. If any provision of this Agreement is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Agreement. Synergy Cycles failure to enforce any of provision of this Agreement is not a waiver of such provision hereof. This Agreement is the entire agreement between Customer and Synergy Cycles and supersedes all prior or contemporaneous negotiations, discussions or agreements between the parties.

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