ADDITIONAL TERMS OF USE – BICYCLES.

Updated 2/27/24

In addition to the terms and conditions set forth in the Rental Agreement, when you use our bikes, you are required to abide by the rules set forth in these Additional Terms of Use, which we may revise, in our sole discretion from time to time and without prior notice. By using a Fin bike, you are deemed to have accepted and agree to abide by the Terms of Use set forth below. Failure to abide by these Additional Terms of Use or any part of the Rental Agreement may result in fines, penalties, or suspension or termination of your account. Any capitalized term not defined herein shall have the meaning set forth in the Rental Agreement.

 

SECTION 1 INHERENT RISKS

Use of Bicycles is not without risk. Certain risks are inherent in bicycling and cannot be eliminated without destroying the unique character of the activity of bicycling. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to equipment, or accidental injury, illness or, in extreme cases, permanent trauma or death. You hereby contractually agree that such risks exist and that the below risks are inherent to the activity of bicycling. The following describes some, but certainly not all, of those risks:

  • Changing weather conditions;
  • Mechanical failure of the equipment;
  • Loss of balance;
  • Difficulty or inability to control one’s speed and direction;
  • Variation or steepness in terrain;
  • Rapid or uncontrolled acceleration on hills and inclines;
  • Variation or changes in the cycling surface including holes or depressions in the roads;
  • Collision with unmarked, hidden, visible, man-made or natural obstacles or hazards on or adjacent to the cycling terrain;
  • Encounters with wildlife, collision with pedestrians, vehicles or other cyclists;
  • Becoming lost;
  • Failure to cycle safely or within one’s own ability or within designated areas;
  • Negligence of other participants; and
  • NEGLIGENCE ON THE PART OF FIN OR THEIR STAFF.

 

SECTION 2 PROHIBITED ACTS

  • You may not ride a Bicycle if You are under 16 years of age. A minor who is 16 years of age or older may only use the Services and Bicycle if the minor’s Membership is subscribed for by, and the minor is under the responsibility of, the minor’s parent or legal guardian. By authorizing use of the Services and Bicycle by a minor, the parent or legal guardian (i) agrees that he or she is fully and completely responsible and liable for all injuries, damages, costs, and expenses arising from or related to the minor’s use of the
  • Services and Bicycle, and (ii) represents, warrants, and agrees that he or she is the minor’s parent or legal guardian and that he or she and the minor have all accepted and agreed to all terms and conditions of this Agreement.
  • You must not conduct yourself in any manner or otherwise impede the safe operation of the Bicycle while using the Bicycle, unless in an emergency situation. Such prohibited conduct includes operating a Bicycle while under the influence of any alcohol, drugs, medication, or other substance; use any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device; carrying any backpack, bag, or other item on the Bicycle or on your person.
  • Each Bicycle is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) while using a Bicycle or in the basket.
  • You may not Rack or lock any Bicycle other than a Fin Bicycle in or to any Rack.
  • You may not bring a Bicycle in a car, ferry or train, or ride or transport a Bicycle outside of the Geofenced areas found within the Fin Platform.
  • You may not use any locking mechanism other than the locking mechanism provided by Fin at the Rack to lock a Bicycle to a Rack.
  • You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for Bicycle riders.
  • You may not modify, dismantle, write on, or otherwise alter or deface a Bicycle or any part of a Bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. You may not use a Bicycle for any advertising or similar commercial purpose.
  • You may not attach anything to a Bicycle, including but not limited to baskets, cupholders, electric drives, child seats, trailers, or tandem Bicycles.
  • You may not exceed the maximum weight limit for the Bicycle (260 pounds) or the cargo carrier (17 pounds), and You may not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
  • You may not allow others to use a Bicycle that You have removed from a Rack. You understand that when You remove a Bicycle from a Rack, the Bicycle may be used only by You. You may not transfer Your unlock information any other unique Member information to any other person.

YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE THE RISKS OF INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.

 

SECTION 3 YOUR RESPONSIBILITY TO ASSESS CONDITIONS AND PERSONAL COMPETENCY.

It is Your responsibility to assess whether You are physically able and competent to safely operate the Bicycle. It is recommended that a Bicycle not be used or operated in poor or dangerous weather or road conditions, current or forecasted, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it more dangerous to operate a Bicycle. It is Your responsibility to assess the applicable weather conditions, both current and future or forecasted, to assess the potential and changing challenges brought by such conditions, and to make decisions regarding the physical and environmental conditions in which You use the Bicycle. You agree that Fin is under no obligation or duty to provide guidance to You in making Your assessment or decisions regarding Your use of Fin’s Services and Bicycle. It is Your responsibility to adapt Your behavior to the weather conditions and, if appropriate, return Your Bicycle to an available Rack.

 

SECTION 4 BICYCLE SAFETY INSPECTION.

Before each use of a Bicycle, You must conduct a safety inspection of the Bicycle, which includes inspecting for all of the following:

  1. proper tire pressure;
  2. trueness of the wheels (i.e. the wheels spin without a warp or wobble);
  3. safe operation of all brakes (front and back) and lights;
  4. proper and secure attachment of the seat, pedals, and basket;
  5. alignment of the fender and the metal rods that hold the fender in place (i.e. fender should not rub on or make contact with tire or wheel);
  6. good condition of the frame (i.e. no visible damage); and
  7. no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need.

You may not ride the Bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Fin of all observed problems and issues, and You must use a different Bicycle. You agree to report an issue within the Fin App within a reasonable time after Racking any Bicycle that You notice has any mechanical or other problem or safety issue. You must not attempt to repair any Bicycle.

 

SECTION 5 REMOVING BICYCLE FROM A RACK.

To remove a Bicycle for use, You must use the App to scan the QR code located on the Bicycle which will allow the smart ring lock to automatically release the rear tire of the Bicycle and will release cable securing the bicycle to the rack. Remove the cable from the lock. The Bicycle will now be ready for adjustment and your ride.

 

SECTION 6 RETURNING BICYCLE TO A RACK.

To return a Bicycle, secure it into an available Rack, end your ride in the App, lock the smart ring lock to secure the rear tire, and insert the cable which secures the Bicycle to the Rack. You must then take a picture of the Racked Bicycle to verify the security and condition of the Bicycle and include visual evidence of the lock closed, cable attached to the Bicycle and Rack, and of no damage to the Bicycle. Any Bicycle that is not properly secured remains Your sole responsibility, and the usage fees set forth in Section II will be charged until the Bicycle is properly secured. If You fail to properly secure a Bicycle to end your Trip, Fin may charge You a recovery and re-Racking fee of $30.

 

SECTION 7 HELMETS; SAFETY.

Fin strongly recommends that all users wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet that is properly sized, fitted, and fastened while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head. BICYCLE HELMETS, HOWEVER, ARE NOT 100% EFFECTIVE, DO NOT PROTECT AGAINST ALL HEAD INJURIES, AND DO NOT PROTECT AGAINST OTHER INJURIES.

Fin does not provide helmets, and it is Your sole responsibility to utilize a Bicycle helmet or other protective gear. Released Parties do not represent or warrant the quality or safety characteristics of any helmet, and You agree that the Released Parties are not liable for any injury suffered by You while using any of the Services or Recreational Equipment, whether or not You are wearing a helmet or other protective gear at the time of injury. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER SAFETY OR PROTECTIVE GEAR, EQUIPMENT, OR CLOTHING. You agree that, when using any of the Services or Recreational Equipment, You might need to take additional safety measures and precautions that are not specifically addressed in this Agreement.

It is highly recommended that you carry a cell phone in on your person during your Trip. You understand and agree that FIN IS UNDER NO OBLIGATION TO HELP OR RESCUE YOU if needed. You agree that Fin is not liable or responsible for loss or damage of Your device. Further, Fin does not represent or warrant that cell coverage will be available or consistent during your Trip.

SECTION 8 CYCLING AREAS.

YOU REPRESENT, WARRANT, AND AGREE THAT FIN AND THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR PROVIDING OR MAINTAINING AREAS OR ANY OTHER PLACE WHERE YOU MAY RIDE BICYCLES, AND THAT FIN AND THE OTHER RELEASED PARTIES DO NOT GUARANTEE THAT THERE WILL ALWAYS BE A SAFE PLACE TO RIDE A BICYCLE. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not  use a Bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and routes designated for bicycles or electric bicycles, as applicable.

SECTION 9 LIMITATIONS ON AVAILABILITY OF BICYCLES.

Fin does not guarantee that the Services and Recreational Equipment will be available at all times, as force majeure events or other circumstances might prevent Fin from providing the Services and Recreational Equipment from time to time.

Fin reserves the right to suspend its Services for any reason at any time including suspension of Services based on weather or cycling conditions, such as forecasted high winds, foul weather, road construction, etc. Season open and close is not predetermined and will vary based on conditions and other considerations by Fin.