TERMS AND CONDITIONS

BONGO MOBILITY WAIVER AND RELEASE OF LIABILITY FORM
Please send the completed form to *Bongo Mobility contact email*. For rental availability, call *Bongo Mobility contact phone*.

Definitions
"Rider" refers to the individual who has rented the mobility device, signed this agreement, and assumes all responsibilities, liabilities, and obligations outlined herein. For the purposes of this agreement, "Rider" refers to myself, the person signing below.
"Device" refers to any mobility device, such as scooters, e-scooters, or similar vehicles, provided by Bongo Mobility for rental purposes.
"Bongo Mobility" refers to the company that provides the platform facilitating the connection between the Rider and the Host, but does not own the Device. Bongo Mobility offers rental services, manages transactions, and provides customer support.
"Host" refers to the individual or entity that owns the Device and rents it out to Riders via the Bongo Mobility platform. The Host retains full ownership and responsibility for the Device.
"Owner" refers to Bongo Mobility as the rightful owner of the Device and any associated equipment provided for use.
"Agreement" refers to this waiver, which constitutes a legal contract between the Rider and Bongo Mobility.
"Use of the Device" refers to any activity involving riding, operating, handling, or transporting the Device provided by Bongo Mobility.
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I hereby assume the risks associated with the use of a mobility device (the "Device") provided by Bongo Mobility, including all risks that may arise from negligence or carelessness on the part of Bongo Mobility, from dangerous or defective equipment or property owned, maintained, or controlled by Bongo Mobility, or due to possible liability without fault.

I certify that there are no health-related reasons or problems that preclude my participation in the use of the Device. I acknowledge that I have been advised to wear an approved helmet while using the Device. Wearing an approved helmet is mandatory while using the Device. I understand that failure to wear a helmet increases the risk of serious injury. I am aware that the use of a mobility device is subject to applicable municipal and provincial regulations. I am familiar with the proper use of the Device, including all mechanisms for braking, steering, and any other controls.

I acknowledge that activities involving the use of a mobility device involve numerous risks and dangers, including, but not limited to, changing weather conditions; mechanical failure of the equipment; loss of balance; difficulty or inability to control speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration; changes in surfaces, including holes or depressions in roads; exposed rocks, snow, ice, earth, and other natural objects; streams, creeks, and rivers; cliffs and crevasses; collisions with wildlife, pedestrians, vehicles, or other users; becoming lost; failure to use the Device safely or within my own ability; and negligence on the part of Bongo Mobility or its staff, including failure to safeguard or protect me from the risks and dangers of Device use. I will not attempt repairs or removal of any parts of the Device.

I am aware of the risks and dangers associated with the use of mobility devices, and I fully assume such risks and dangers, including the possibility of personal injury, death, property damage, and loss resulting therefrom. I accept liability for any damage to the rented Device or its parts and accessories.

I hereby certify for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I waive, release, and discharge Bongo Mobility from any and all liability, including but not limited to liability arising from the negligence or fault of the Host and/or Bongo Mobility, for my death, disability, personal injury, property damage, property theft, or any other actions which may hereafter occur to me in connection with the use of the Device.
(B) I indemnify, hold harmless, and agree to defend the Host and Bongo Mobility from any and all liabilities or claims made as a result of my participation in this activity, whether caused by their negligence or otherwise.
(C) I certify that I am at least 18 years of age.

Weight Limits
The Rider must not exceed a maximum weight of 220 pounds when using the mobility device, unless otherwise specified by Bongo Mobility. Exceeding the weight limit may result in damage to the device or reduced performance, and Bongo Mobility shall not be held responsible for any damages or accidents caused by failure to adhere to this restriction. The Rider is liable for any repairs or damages caused by exceeding the weight limit.

Prohibition on Carrying a Second Person
The Rider must not carry a second person on the scooter at any time. The mobility device is designed for single-person use only, and carrying an additional passenger may result in loss of control, serious bodily harm, and increased risk of accident. Any violation of this rule is undertaken at the Rider’s sole risk, and Bongo Mobility shall not be liable for any injuries or damages resulting from such misuse. The Rider assumes responsibility for any damages caused to the device as a result of carrying a second person.

Prohibition of Hand-Held Devices
The Rider must not use any hand-held GPS, navigational apps, applications, or navigational devices while the bicycle is in motion. This is to ensure the safety of the Rider and others on the road.

Modifications and Dismantling Prohibited
The Rider must not dismantle, modify, or alter the mobility device in any way. This includes but is not limited to scratching off logos or branding, adding stickers, or removing any part of the device. Any unauthorized modifications or attempts to alter the appearance or functionality of the device may result in fines, penalties, and additional liabilities for damages. Bongo Mobility reserves the right to charge for the repair or replacement of any device that has been tampered with.

Drug and Alcohol Impairment
The Rider acknowledges that it is illegal to operate a mobility device while under the influence of drugs or alcohol. Operating the Device while impaired may constitute a violation of Section

320.14(1) of the Criminal Code. The Rider understands that being under the influence of drugs or alcohol while using the Device poses significant risks to the Rider, pedestrians, and other users of the road or pathways. Should the Rider operate the Device while impaired, the Rider may be subject to criminal charges, fines, and additional liabilities, including coverage denial under insurance policies
and liability for damages. The Rider agrees to abstain from using the Device while under the influence of any substance that impairs the ability to operate it safely.

Reporting of Damages or Crashes
In the event of any damage to the mobility device, or involvement in a crash or accident while using the device, the Rider agrees to immediately cease use of the device and promptly report the incident to Bongo Mobility. The Rider understands that failure to report damages or crashes may result in additional liabilities and/or charges. The Rider acknowledges that they are responsible for any costs related to repairs or replacements of the device due to damages incurred during the rental period, unless the damages are determined to be due to a pre-existing issue with the device. If involved in an accident that results in injury or property damage to others, the Rider further agrees to cooperate fully with any investigation conducted by the Host, Bongo Mobility and/or local authorities.

The Rider acknowledges that automotive insurance policies may not provide coverage for accidents or incidents while using the scooter. The Rider is responsible for ensuring compliance with all applicable traffic laws. Any traffic violations, fines, impound fees, or unauthorized parking at the end of the rental period shall be payable by the Rider.

Assumption of Responsibility for Proper Use
The Rider acknowledges and agrees to use the Device only as instructed by the Host and Bongo Mobility. Failure to follow proper operating procedures may result in damage to the Device or personal injury, for which the Rider assumes full responsibility.

Termination of Use
Bongo Mobility reserves the right to terminate the Rider's use of the Device at any time if it determines, at its sole discretion, that the Rider is operating the Device in an unsafe manner or in violation of any terms of this Agreement.

No Warranty Clause
Bongo Mobility provides the Device ‘as-is’ and makes no warranties, express or implied, regarding the condition or fitness of the Device. The Rider accepts full responsibility for any risk of malfunction, defect, or failure of the Device during the rental period.

User’s Personal Data/Privacy Clause
Bongo Mobility may collect personal data for the purpose of processing this Agreement. Bongo Mobility will handle such data in compliance with applicable privacy laws and regulations.

Additional Terms and Conditions:
1. Reporting of Stolen Equipment: The Rider must report any theft of the Device to local law enforcement authorities immediately upon discovery. A police report must be filed, and a copy provided to Bongo Mobility within 24 hours of the incident.
2. Identification Requirement: The Rider must present a valid government-issued identification (ID) prior to renting any Device. Failure to provide valid ID may result in the denial of the rental service.
3. Credit Card Provision: The Rider agrees to provide a valid credit card as part of the rental process. This credit card will be used for security purposes, including the coverage of any potential damages, fines, or additional charges incurred during the rental period.
4. Prohibition of Impeding Items: The Rider must not carry or possess any items, such as backpacks, large bags, or other equipment, that could interfere with the safe and proper operation of the Device. Bongo Mobility reserves the right to deny service if such items are found to impede safe usage.
5. Before and After Condition Photos: Both the Rider and the Host must take clear photographs of the Device prior to and immediately following the rental period. These photos must be submitted to Bongo Mobility to document the condition of the Device before and after use. This process helps to assess any potential damages.
6. Cancellation Fee: If the Rider cancels their reservation, they agree to pay a cancellation fee equal to 25% of the total rental fee.
7. Mutual Liability Protection: The waiver and liability release applies to and protects not only Bongo Mobility but also its Hosts (where applicable) from any legal claims, lawsuits, or liabilities arising from the Rider's use of the Device. This includes claims resulting from the Rider's negligence or breach of this Agreement.

Entire Agreement Clause
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or representations, whether written or oral.

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