Rider Agreement

iroll services

iroll Rental Agreement, Waiver of Liability and Release

Effective Date: July 1st, 2024

Please read the agreement below carefully as it sets for the legally binding terms & conditions for your use of our service.

In consideration of Your use of any of the iroll Services (defined below) provided by iroll tech inc. d/b/a iroll (“iroll”),iroll requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this iroll Rental Agreement, Waiver of Liability, and Release (“Agreement”).

The services provided by iroll include (1) iroll mobile application and website, (2) iroll Vehicles (“Vehicle” or “Vehicles”), (3) discretionary charging of the Vehicle by Rider per Section 1.15 below, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by iroll(collectively, the “iroll Services”).

This agreement contains releases and assumptions-of-risk provisions and a binding arbitration agreement that limits your legal rights and remedies.

• The Vehicle must be physically locked when left unattended.

• Vehicle must be parked at a lawful parking spot, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non-public space. We recommend you lock the scooter to bike racks.

• All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area.

• You must promptly report any damaged or malfunctioning Vehicles to iroll via the iroll mobile application (the “iroll App”), email (support@iroll.ca).

Iroll tech expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in CAD dollars.

The document contains Releases, Disclaimers, Assumptions-of-Risk Provisions, and a Binding Arbitration Agreement which restrict your legal rights and remedies. For a detailed understanding, please refer to Sections 9 and 15 below.

Your existing insurance policies for vehicles, property, or any other type may not cover damages to scooters, personal injuries caused by scooters, or property damage resulting from scooter use. You should get in touch with your insurance provider to find out whether such damages are covered.

By using an iRoll scooter, the rider agrees to take full responsibility for any and all damages caused to the scooter, property, or third parties during their ride. Riders acknowledge that they are liable for repair or replacement costs resulting from misuse, accidents, negligence, or failure to follow local traffic laws. iRoll is not responsible for any personal injuries or damages incurred while using the service. By unlocking and riding a scooter, the user accepts these terms and agrees to ride responsibly.

Non-Eligibility for Refunds

Customer acknowledges that refunds will not be provided unless there is a specifically documented malfunction of the rented electric scooter. This malfunction must directly inhibit the normal operation of the vehicle. As our electric scooter service allows user to end their trip at any given time, thereby causing an immediate cessation of any further billings, refunds will not be issued to customers who claim an issue but opt to continue riding. Any requests for refunds must be accompanied by documented evidence of the malfunction, and the user should terminate their trip promptly upon encountering any operational issues.

1. GENERAL RENTAL AND USE OF VEHICLE.

1.1 Rider is the Sole User.

iroll and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from a location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.

1.2 Rider is At Least 18 Years Old.

Rider represents and certifies that Rider is at least 18 years old.

1.3 Rider is a Competent Vehicle Operator.

Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

1.4 Vehicle is the Exclusive Property of iroll.

Rider agrees that the Vehicle and any iroll equipment attached thereto, at all times remain the exclusive property of iroll. You must not dismantle, modify, repair, or deface a Vehicle, any part of a Vehicle, or other iroll equipment in any way.

1.5 Vehicle Operating Hours and Vehicle Availability.

Rider agrees and acknowledges that the Vehicles may not be available 24 hours a day, 7 days/week, 365 days per year. The number of Vehicles are limited and Vehicle availability is never guaranteed.

All vehicles can only be returned on premise during the business hours listed in the Iroll mobile application. Vehicles are not to be returned after hours unless explicitly stated so by the operator of the service.

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

Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider also agrees to act with courtesy and respect toward others while using the iroll Services.

1.7 Prohibited Acts.

Rider agrees to the following:

• iroll recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, iroll recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.

• You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.

• While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.

• You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.

• You must not carry a second person or child on a Vehicle.

• The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.

• The Vehicle must be parked in a space that is visible.

1.8 Vehicle is Intended for Only Limited Types of Use.

Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

1.9 Weight and Cargo Limits.

You must not exceed the maximum weight limit for the Vehicle (225 pounds).

1.10 No Tampering.

You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Iroll Services other than as specified in this Agreement.

1.11 Reporting of Damage or Crashes.

Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to iroll as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours.

Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.

Your automotive insurance policies may not provide coverage for accidents involving or damage to this vehicle. to determine if coverage is provided, you should contact your automotive insurance company or agent

1.12 Rider Responsibility for Vehicle Use and Damage.

Rider agrees to return the Vehicle to iroll in the same condition in which it was rented. The rider will be responsible for damage to the vehicle beyond normal wear and tear, whether the damage is accidental or intentional.

1.13 Electric Vehicle.

The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:

• The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).

• The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.

• The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.

• It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.

• The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.

• The Vehicle may run out of charging power and cease to operate at any time during Rider’s rental of the Vehicle, including before reaching Rider’s desired destination.

1.14 Charging of Vehicle.

If the Vehicle runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. Alternatively, in Rider’s sole discretion, Rider may charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle. Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that iroll will not reimburse Rider for such.

1.15 Group Rides.

In certain locations, iroll may allow you to activate multiple scooters at once for other riders in your party. As the Primary Renter, you shall be jointly liable for compliance with all terms and conditions of this Rental Agreement by all group riders (“Group Riders”), and for payment of all and other charges associated with such Vehicles, and for all claims, injuries or other damage caused or suffered by Group Riders. You are responsible for ensuring that each of your guests personally read and agree to be bound by the Terms of this agreement, including:

• All Guest riders are 16 years of age or older.

• Primary Renter assumes all responsibility for damages and injuries caused by Group Riders.

• Only one rider permitted per vehicle

• Primary Renter is responsible for payment of usage and damage fees for all vehicles.

• Primary Renter provides Group Riders the ability to review these terms on their mobile device.

2. PAYMENT AND FEES.

2.1 Fees

Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the pricing described in the iroll mobile application, or provided to you by the property that is renting you the vehicle. 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 iroll. iroll will charge the Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.

2.1.2 Missing Vehicle Fees

Vehicles not returned (with the ride concluded) within 48 hours will be considered lost or stolen, and Rider will be charged the daily rental rate ($100 per day) plus applicable administrative and processing fees for each day the scooter is not returned. The rider will be responsible for paying the accumulated daily rental costs until the vehicle is returned, up to a maximum of $10,000 (the vehicle replacement cost).

2.1.3 Pick Up Fees.

If You are unable to return a Vehicle to a valid business location and request that the Vehicle be picked up by iroll staff, we may charge You a pick-up fee at our sole discretion up to $100 based on location from our drop off points. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge to recover the Vehicle. Fees are subject to change.

2.2 Promo Codes.

Promo codes (discounts) are one-time offers and can be redeemed only via the iroll App. iroll reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.

2.3 Valid Credit Card or Debit Card.

To be registered to use the iroll Services, Rider must provide iroll with a valid credit or debit card number and expiration date. Rider represents and warrants to Iroll that Rider is authorized to use any credit or debit card Rider furnishes to iroll. Rider authorizes iroll to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by iroll. If Rider disputes any charge on Rider’s credit or debit card account, then Rider must contact iroll within 10 business days from the end of the month with the disputed charge, and provide to iroll 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. Rider agrees to immediately inform iroll of all changes relating to the card.

In the event that a chargeback is filed and is found to be invalid, the customer will be responsible for any fees associated with rebilling the transaction, including an administrative fee of $15. This fee will be charged to the customer's account and must be paid in full before any further transactions can be processed

2.4 Damage; Vandalism; Lost Items.

You agree to return the Vehicle to iroll in the same condition in which such Vehicle was rented, normal wear and tear excluded. You agree that you will be responsible for the cost of repairing and replacing any Vehicle that you damage or cause damage to. You may also be responsible for the cost of cleaning any vehicle if Your use was beyond normal wear and tear.

Additionally, riders will be responsible for theft that could occur throughout the duration of the rental. You agree to keep the vehicle on your persons at all times while on public property. If your rental is multi-day, you agree to secure this vehicle in a safe overnight parking area. See more on theft in section 3.2.

3. ADDITIONAL TERMS OF USE.

3.1 Safety Check.

Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert iroll of any problems.

3.2 Lost or Stolen Vehicle.

A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours after the end of rental period, (b) the Vehicle’s GPS unit is disabled, (c) other facts and circumstances that suggest to iroll in its reasonable, good faith determination that a Vehicle has been lost or stolen. Iroll and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle. If iroll deems a Vehicle lost or stolen, iroll shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by iroll’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to iroll immediately or as soon as possible. Reimbursement costs for iroll vehicles vary by make & model. For current vehicles in the electric scooter fleet, this ranges from $1200 - $2600.

3.3 Helmets; Safety.

If a rider chooses to use their own helmet, iRoll recommends that all Riders wear a Snell, CPSC, ANSI, or ASTM-approved helmet that has been properly sized, fitted, and fastened according to the manufacturer’s instructions. Riders are required to wear a helmet at all times while operating a scooter. iRoll and all other Released Persons (defined below in Section 15) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the iRoll Services, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

3.4 Vehicle Routes.

Rider agrees that iroll does not provide or maintain places to ride Vehicles, and that iroll does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.

3.5 Limitations on Vehicle Rental.

Rider agrees that iroll is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. iroll provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

3.6 Limitations on Availability of iroll Services.

iroll makes every effort to provide iroll Services 365 days per year, but does not guarantee that iroll Services will be available at all times, as unforeseen events or other circumstances might prevent iroll from providing the Services. Access to Services is also conditioned on the availability of Vehicles. iroll does not represent or warrant the availability of any of Services or the availability of any Vehicle at any time. Rider agrees that iroll may require Rider to return a Vehicle at any time.

4. TERMINATION.

4.1 Termination by Iroll.

At any time and from time to time, and without Rider’s consent, Iroll may unilaterally terminate Rider’s right to use the iroll Services, in iroll's sole discretion and without any notice or cause. Rider may terminate Rider’s use of the iroll Services at any time; provided, however, that (i) no refund will be provided by iroll, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the iroll Services, regardless of how the Agreement is terminated.

5 PERSONAL INFORMATION

5.1 Confidentiality of Information; Privacy Policies.

Our collection and use of personal information in connection with the Services is set forth in our Privacy Notice found at https://iroll.ca/privacy-policy. We and/or our third party contractors monitor the location, charge (for electric Products) and fuel status, odometer and other driving information, and we may collect information regarding your use of the Services, subject to our Privacy Notice.

You understand and agree that all personal information that is held by iroll and pertains to Riders, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by iroll in accordance with its privacy policy.

5.2 Text messages and Phone Calls

Unless you opt out, you agree that we may contact you by telephone, SMS or text message (including through use of an automatic telephone dialing system) at the phone numbers you have provided to us. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt out of receiving telephone calls, SMS or text messages from us at any time, either by texting the word “STOP” in response to a text message received from us using the mobile device that is receiving the messages or to 5064977800, by contacting us at support@iroll.ca or by calling our Customer Service at 5064977800

6. Notice.

iroll may be contacted by emailing support@iroll.ca or by calling customer service number on the app

7. Choice of Law; Dispute Resolution.

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Province of New Brunswick, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of New Brunswick and agrees that those courts have personal jurisdiction over each party.

9. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

9.1 Initial Dispute Resolution

Rider Support is available via the app to address any concerns you may have regarding your use of a Vehicle and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

9.2 Binding Arbitration

f the parties do not reach an agreed-upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the use and rental of a Vehicle, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by The Canadian Arbitration Association (CAA), or alternatively a mutually agreed-upon arbitrator or arbitration service, under the applicable commercial arbitration rules for CAA or the mutually agreed-upon arbitration service, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, iroll will pay the additional cost. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court.

9.3 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick, without regard to its conflict of laws principles. The parties hereby irrevocably consent to the exclusive jurisdiction of the courts located in Moncton, New Brunswick, for any action, suit, or proceeding arising out of or relating to this Agreement.

9.4 Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND IROLL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

9.5 Limitation on Third-Party Claims

The Rider acknowledges and agrees that in the event of any dispute, claim, or cause of action arising out of or related to the use of the Iroll Services, Vehicles, or related equipment (collectively, "Dispute"), the Rider will solely assert such Dispute against iroll. and not against any of iroll's partners, affiliates, contractors, agents, or any local municipalities, governments, or entities including but not limited to the city where the Vehicle was rented or any property owner, garage, or establishment where the Vehicle was rented or operated. The Rider expressly agrees to indemnify and hold harmless such third parties from any claims, costs, damages, liabilities, or expenses they may incur as a result of Rider's breach of this provision.

9.6 Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

9.7 Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: iroll, 45 Price street, Moncton , NB E1A3R1. The notice must be sent within 30 days of the effective date or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, iroll also will not be bound by them.

For any dispute not subject to arbitration you and iroll agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Moncton, NB. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

10. Waiver and Severability.

No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

11. Cumulative Remedies.

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

12. Final Agreement; Modification by Iroll.

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider’s consent, iroll may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use anyof the iroll Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, iroll will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

13. Contract Interpretation.

The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

14. Voluntary Execution of this Agreement.

This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of iroll. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.

15. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.

In exchange for Rider being allowed to use iroll Services, Vehicles, and other equipment or related information provided by iroll, Rider agrees to fully release, indemnify, and hold harmless iroll 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 with to provide iroll Services, and every sponsor of any of the iroll 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 Rider’s use of the iroll Services, Vehicles, 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 released 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 iroll Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Rider’s use of any of the foregoing.

To the fullest extent permitted by law, and as to Rider’s use of any of the iroll Services, Vehicles, or related equipment, iroll and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the iroll Services, Vehicles, and related equipment are provided “as is” and “as available,” and Rider relies on them at Rider’s own risk.

Rider is aware that Rider’s use of any of the iroll Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider 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;

· Vehicle or component malfunction;

· road conditions;

· weather conditions;

· failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7

· commission of any of the prohibited acts listed in Section 1.8;

· failure to perform the required safety check pursuant to Section 3.1;

· failure to wear a helmet where required by law; and

· negligent acts or omissions by iroll, any other Released Person, Rider, or third party.

Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.

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 iroll, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of iroll Services, and expressly waives Rider’s rights under any statutes that purport to preserve Rider’s unknown claims.

RIDER ACCEPTANCE OF AGREEMENT

• I certify that I have read and expressly agree to the terms and conditions of Section 15 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 Vehicle, and am reasonably competent and physically fit to ride the Vehicle.

• I certify that I am the Rider, I am 18 years old or over or, if under 18, I am under the supervision of a parent or guardian. I will wear a helmet where required by law, I will not ride a iroll 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

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