Bikeshare Terms & Conditions

 2.1 Age Restriction: Except as provided in this section, Rider must be 18 years of age or older. Rider certifies and agrees that they meet this requirement. If Rider falsifies or misrepresents, unintentionally or intentionally, Rider’s age, Rider and their legal guardian accept full responsibility for any and all claims, liabilities, disputes, obligations, debts, liens, charges, expenses, damages, demands, consequences, causes of action, losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), injuries, costs (including court and litigation costs), attorney’s fees, penalties, fines, legal actions of any kind, judgments, or expenditures of any type or nature whatsoever (collectively, “Claims”) related to such misrepresentations. Minors who are 16 years of age or older may use the System if accompanied by a parent or legal guardian. By authorizing use of the System by a minor, the parent or legal guardian (a) agrees that they are fully and completely responsible and liable for all Claims arising from or related to the minor’s use of the System, and (b) represents, warrants, and agrees that they are the minor’s parent or legal guardian and that they and the minor have all accepted and agreed, as a Rider, to all terms and conditions of this Agreement. 

2.2 Personal Locks: Rider may not use private or third-party locks to secure the Bike, and Bikeshare reserves the right to cut any private or third-party lock used to secure the Bike. Rider will be charged a fee for staff time required to remove a private or third-party lock. 

2.3 Rider Conduct: Rider shall abide by all applicable CapMetro rules and policies, including but not limited to, the CapMetro Code of Conduct for CapMetro transit services. Bikes are not permitted on other CapMetro transit services. 

2.4 Helmet Warning: Failing to wear a helmet while using a Bike could result in serious bodily injury or death in the event of an accident or collision. As a preventive measure, CapMetro Bikeshare strongly recommends that all Riders use a properly sized, fitted, fastened, and safety-certified helmet according to the manufacturer’s instructions at all times when operating the Bike. Proper use of a helmet may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. It is Rider’s sole responsibility to utilize a helmet. CapMetro Bikeshare does not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that in consideration of their use of the System and rental of the Bike, CapMetro and the City shall not be liable or responsible for any damages, injuries, or Claims caused or suffered by Rider while using the System, whether or not Rider is wearing a helmet at the time of injury. Rider agrees that, when using the System, Rider may need to take additional safety measures and precautions that are not specifically addressed in this Agreement. 

2.5 Bike Inspection Prior to Operation: Rider agrees that the Bike is a machine that may malfunction, even if it is properly maintained, and that such malfunction may cause injury. Rider agrees to carefully inspect the Bike they wish to ride prior to riding the Bike, and shall, while within 15 feet of the place of rental, test the Bike’s operating components including but not limited to: the chain, brakes, pedals, lights, tires, frame, and seat. This is not intended to be an extensive or exhaustive list. Rider should adjust seat height to fit their body frame prior to operating the Bike. Rider agrees, prior to operating the Bike, that if there appears to be any issues with the Bike, they will not ride the Bike, and will notify CapMetro Bikeshare of any observed mechanical or other problem or safety issue.

2.6 Requirement to Discontinue Use: Rider expressly agrees that (a) they shall discontinue use of the Bike immediately and return it to an open dock of an official CapMetro Bikeshare station (“Station”) if it, or any component of it, should become defective or malfunction during any use or operation of the Bike, and (b) Rider shall notify CapMetro Bikeshare customer service at 512-474-1200 of such defect or malfunction. If a Bike is left unlocked a fee will be assessed in accordance with the Fee Structure. 

2.7 Experience with Bicycle Operation; Not a Common Carrier: Rider asserts, represents, and certifies that they are experienced and familiar with the safe and competent operation of a bicycle, and further, that they are physically and mentally fit to ride the Bike safely. Like any physical activity, riding a Bike may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. Rider is solely responsible for any injury, damages or Claims resulting from improper or unsafe operation of the Bike. If Rider has any existing physical or mental condition that would prohibit Rider from safely operating the Bike, Rider is strictly prohibited from any use of the Bike. By choosing to ride a Bike, Rider assumes all responsibility for all such injuries or other medical conditions. Rider further agrees that CapMetro Bikeshare 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, taxis, and pedestrian paths. CapMetro Bikeshare provides the System and its Bikes for availability and the intention for such use only by those persons who are able and qualified to operate a Bike on their own and who have agreed to all terms and conditions of this Agreement. 

2.8 No Riding in Adverse Weather Conditions: Rider agrees that they will not ride, operate, or use a Bike in any manner during adverse weather conditions, including but not limited to: tornados, snow, hail, hurricanes, fog, heavy rains, heavy winds, or lightning storms. Rider agrees to adjust their riding behavior and braking distance to suit the weather conditions.

2.9 No Operation of Bike While Impaired: Rider expressly agrees that they shall not ride or attempt to operate a Bike if they are under the influence of drugs, alcohol, or other substance that may impair Rider’s ability to safely operate a Bike. Rider assumes all risks and liabilities resulting from any and all use or attempted use of a Bike while impaired. Rider agrees that operating a Bike while impaired or under the influence can cause death or serious bodily injury as well as endangering the safety of others. 

2.10 Compliance with All Applicable Laws: Rider agrees to comply with all applicable local, state, and county rules, regulations, codes, and laws that relate to the safe operation of a bicycle. Rider certifies they have familiarized himself/herself with such laws, including the laws pertaining to bicycles operated within the City of Austin, Texas, prior to riding or operating a Bike. 

2.11 Restrictions on Use of Bike: Rider agrees not to use the Bike for racing, trick riding, jumping, stunt riding and/or off-road riding. Rider further agrees not to use the Bike for any commercial purposes including but not limited to deliveries, unapproved tours, etc. Rider shall not ride the Bike on unpaved roads, not including authorized trails, through puddles or water, or any other uses/places prohibited by law. Rider agrees not to tow, pull, carry, or push any person or object with the Bike as such can create an unsafe condition. Rider agrees to be seated at all times while pedaling and shall not pedal the Bike while in a standing position. Pedaling the Bike from an upright, standing position may create a dangerous condition and increase Rider’s chance of an injury. Rider agrees to keep control of the handlebars at all times and shall not ride in a “hands free” manner. 

2.12 Exclusive Property: The Bike is and shall remain the exclusive property of City of Austin at all times. Rider shall not remove or modify any accessories, parts or components of the Bike, and Rider understands that to do so shall be a criminal act and subject to appropriate penalties. 

2.13 No Additional Riders: Rider is expressly prohibited from carrying additional riders on the Bike and is prohibited from allowing any other person or animal upon any part of the Bike at any time. 

2.14 Restricted Use of Front Basket: Rider agrees that they will not use the Bike’s basket for any purpose other than carrying small and light items while riding the Bike. Rider acknowledges that they should not overfill the basket with too many items or heavy items, which can cause an unsafe condition and may impair the balance, visibility, steering and/or stability of the Bike and result in injury to Rider or others. CapMetro Bikeshare and the City are not responsible for damage or loss to any items or property being transported, carried, or left in the Bike basket, and Rider is solely responsible for such items at all times. 

2.15 Reporting of Accidents or Incidents: Rider must contact CapMetro Bikeshare and local law enforcement immediately following the occurrence of any lost or stolen Bike; any crash, accident, loss, or personal injury that occurred during Rider’s use of Bike resulting in bodily injury; or any other accident. In such events, a police report should be obtained and provided to CapMetro Bikeshare upon request, containing the facts surrounding the incident including contact information for witnesses and anyone else involved in the accident/incident. Rider agrees that if Rider is unable to report identifying information due to a medical emergency, CapMetro Bikeshare may, at its discretion, provide personal and contact information to the authorities upon their request. 

2.16 Rider Liability in the Event of Theft, Loss, or Damage of Bike: Rider’s use of the Bike is limited to the time periods as described in this Agreement and in accordance with their membership or license of use status. Rider agrees that the data generated by the System is conclusive evidence of the period of use of a Bike by Rider. Failure to return the Bike within 25 hours of the expiration of Rider’s use period shall result in the Bike being deemed lost or stolen, Rider’s credit or debit card may be charged according to the Fee Structure, and a police report may be filed with local authorities. Rider will be billed a fee for bike recovery and replacement in the event of a lost or stolen bike. Rider shall be liable and responsible for any costs and Claims of any kind relating to a stolen, lost, or damaged Bike. Rider is liable for any and all damages or Claims resulting from improper use or abuse of the Bike, and the cost of such shall become due and payable at standard labor and parts rates upon invoicing by CapMetro Bikeshare to Rider. If Bike is permanently damaged and must be removed from circulation, Rider shall be responsible for paying to CapMetro Bikeshare the replacement cost of the Bike, due and payable upon invoicing by CapMetro Bikeshare to Rider. Should Rider cause damage to the property of another party while operating or in possession of the Bike, Rider is solely liable for such damage. 

2.17 Rider will Secure the Bike During License of Use and at Return: Rider agrees to maintain the Bike in a secure manner at all times. Bikes should be returned to a Station. If no available docks are available at a Station, Rider will return Bike to an alternate Station with open docks Under any and all circumstances, CapMetro Bikeshare and the City are not responsible for any lost, stolen, destroyed, or damaged Bikes regardless of whether locks are utilized and/or properly functioning. Rider expressly agrees to lock each Bike into an official Station at the end of each license of use. The Rider will be charged a fee if a Bike is discovered unlocked or abandoned. Rider expressly agrees that they shall pay for any damages to the Bike caused by Rider or anyone else during the Rider’s use period of the Bikes. 

2.18 No Insurance Provided: Rider expressly acknowledges and agrees that CapMetro Bikeshare does not provide insurance of any kind to Rider, including but not limited to coverage for: property damage, liability, personal injury, injury to others, damages, penalties, fines, Claims, and/or expenses of any kind whatsoever. 

2.19 Participation in a Bicycle Sharing System: Rider understands that they are participating in a public bicycle sharing system, and that unlike a traditional private bicycle rental, Rider is required to check the Bike in and out of Stations periodically so that the Bike is available to the next user. When not in use, Rider should always dock the Bike at a Station location, and Rider may select any other available Bike when ready to ride again. Rider is prohibited from keeping or possessing a specific Bike for an entire day or multiple days when accessing the System If Rider selects a System membership or pass, Rider shall be permitted to take an unlimited number of trips from Station to Station during such membership period. The duration of each trip shall be limited to the type of membership selected by Rider. If Rider selects to access the System via Pay as you Ride, Rider shall promptly return such Bike to a Station at the end of the use period, or they shall incur additional charges at the posted rate and as otherwise described herein. 

2.20 Rider Responsibility for Acts of Destruction; Recovery of Costs; Prosecution: Rider agrees that any willful or negligent act of destruction of the Bike and/or System property will result in prosecution to the fullest extent of the law, and CapMetro Bikeshare will seek the recovery of all costs and Claims from Rider, including attorney’s fees and costs. 

2.21 Rider Responsibility for Tickets, Fees and Fines: Rider agrees that they are solely responsible and will not hold CapMetro Bikeshare or the City liable for any moving violation, fines, and/or illegal activities incurred by Rider while using, riding and/or operating the Bike. Rider agrees to pay on demand all fines and court costs, including administrative fees for parking, bus lane, traffic or other legal and/or moving violations or Claims assessed against the Bike, Rider or CapMetro Bikeshare during the rental or use of the Bike by Rider. Rider agrees to reimburse CapMetro Bikeshare and/or the City for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such Claims. 

2.22 Membership Account Billing: Riders with an ongoing membership subscription are responsible for timely payment of membership fees and/or any additional usage fees on the prescribed due date. It is Rider’s responsibility to maintain updated and accurate billing information and method of payment in their membership account online. Should a Rider’s payment method on file be declined for any reason, a reinstatement fee will be added to Rider’s membership account balance, a temporary hold will be placed on Rider’s membership, and Rider will be unable to check out a Bike until Rider’s billing and payment is successfully processed, without proration or discount for the holding period. 

2.23 Law Enforcement Authorized to Stop Bike Users: CapMetro Bikeshare has specifically authorized local, county, and state law enforcement to stop any person riding or possessing a Bike at their request for safety and/or security purposes. This may include any Bike that appears damaged, altered, is missing any components, or bike identification number(s), and/or has been checked out longer than the Bike’s last corresponding license of use period. Law enforcement may ask Rider to present any of the following forms of identification to ensure Rider or person in possession of the Bike(s) is authorized to have, or be using, the Bike(s): (a) the credit or debit card used to rent the Bike if Rider is not a membership subscriber, (b) a form of government issued identification such as a driver’s license or state issued identification card, and/or (c) Rider’s member account using the System’s mobile application. 

2.24 Application and Registration: Rider may apply and register to use the System via  the mobile application, CapMeto Bikeshare. Following the provision of all relevant personal data, CapMetro Bikeshare has the right to accept or refuse the application. As part of the approval process, CapMetro Bikeshare is authorized to check the available credit on credit or debit cards provided by Rider for registration and payments. Approval of the application occurs when CapMetro Bikeshare notifies Rider of activation of their account. This notification may be given orally, in written form,  via email, via SMS, or via mobile application. The registration process is free of charge for Rider; however, a valid means of payment must be provided before use of a Bike can be made. CapMetro Bikeshare is authorized to charge periodic fees in accordance with the FEE STRUCTURE. Rider shall update any changes to their personal information immediately, including billing and general account information. CapMetro Bikeshare may send additional information to Rider other than that which is necessary for the System use itself), including without limitation information from System sponsors and CapMetro Bikeshare partners. 

2.25 Proper Location(s) for Return of Bikes: Rider must return the Bike to official Stations or additional fees will be assessed per the rates posted on the System website or at the Stations. 

2.26 Private PIN and Password: Rider is responsible for preventing the unauthorized use of their personal data by third parties, including any System PIN numbers or passwords. Rider may change System PINs and passwords at any time and as often as desired. Should Rider have reason to believe that this information has been compromised or misused, Rider shall notify CapMetro Bikeshare immediately. Rider may deactivate their account at any time online or by calling the customer service hotline. 

2.27 Account Blocking: CapMetro Bikeshare may block Rider’s access to the System at its sole discretion. 

2.28 Charge Disputes: Debiting of Rider’s account occurs automatically. CapMetro Bikeshare reserves the right, however, to demand payment by Rider either by telephone or in written form. Objections to debited charges must be submitted in writing to CapMetro Bikeshare within one week of such charge’s posting date. Any refunds issued will be credited to Rider’s account and used to offset the next due payment unless other instructions are received from Rider. 

2.29 System Operating Hours and Availability: Rider agrees to comply with the posted hours of System availability. Bikes are limited and Stations may not have available Bikes for use at all times. To check the availability of Bikes, please refer to the Station locations and Bike availability on CapMetro Bikeshare App. 

2.30 System Region: Rider agrees to use, operate and/or ride the Bike only in the Bikeshare service area in the City of Austin, Texas. Rider will not, under any circumstances, remove the Bike from the City of Austin, Texas. 

2.31 Multiple Bike Rentals: Rider can license to use up to an additional three dependent passes on one account, if available. In such cases, Rider acknowledges and agrees that (a) they shall be responsible for each Bike rented under their account and shall be deemed to be the “Rider” under this Agreement with respect to each such rented Bike, regardless of whether another individual operates the Bike; (b) Rider will be responsible for ensuring that any individual operating a Bike rented under Rider’s account shall read and comply with this Agreement (including without limitation the age restrictions set forth in Section 2.1); and (c) Rider is fully and completely responsible and liable for all Claims arising from or related to another individual’s use of a Bike rented under Rider’s account. 

2.32 Use of System Software: Rider agrees to all terms and conditions for Rider’s use of the System, directly from PBSC Urban Solutions, Inc. By installing and otherwise using the System, you agree to be bound by the terms of this Agreement. If Rider does not agree to the terms of this Agreement, Rider must promptly uninstall, delete, or otherwise remove the System software. The terms of this Agreement shall also apply to any updates, supplements, support services, or other services related to the System software. The System software, any add-ons, and documentation, that aid in the use of the System software or add-ons, may be protected by copyright laws, as well as other intellectual property laws. The use of some third-party materials and services included in or access through the System software may be subject to additional terms and conditions typically found in a separate license agreement and Rider agrees to such terms and conditions upon its use of a Bike subject to this Agreement. 

3. WAIVER, RELEASE AND LIMITATION OF LIABILITY

3.1 For and in consideration of use of the Bike and the System, Rider expressly forever releases, relinquishes, and discharges CapMetro Bikeshare, the City, all owners of property upon or near which Stations are located, and/or any of its/their agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, sponsors, and/or affiliates (the “Released Parties”) from any and all Claims, including any and all Claims related to the sole or partial negligence of any non-related third party, which arise from, or are related directly or indirectly to, (a) this Agreement; (b) the rental, maintenance, design, use and/or operation of the Bike; (c) the System; or (d) the System website. By accepting this Agreement including through use of the System, any such Claims that Rider (and Rider’s legal guardian(s), if applicable) may have hereby waived, released, and relinquished, and Rider does so on behalf of Rider’s heirs, executors, administrators, and assigns. The Released Parties may plead the foregoing general and complete release of Claims as a complete and sufficient defense to any Claim. 

4. ASSUMPTION OF RISKS AND ACCEPTANCE OF RESPONSIBILITY

4.1 Rider expressly acknowledges and accepts that Rider rides the Bike and uses the System at their own risk. Rider accepts the Bike for use, exercising their own free choice to participate voluntarily in this activity. Rider represents and agrees to use due care during such use, participation, and/or operation of the Bike. Rider acknowledges, understands, and assumes all risk relating to the license to use, maintenance, design, and/or operation of the Bike. Rider understands that bicycling may be a hazardous activity and involves risk to Rider and others including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom, and Rider agrees that they have full knowledge of said risks and dangers. Rider understands that bicycling protective gear such as helmets and gloves are not provided but are recommended as described in Section 2.4 of this Agreement. Rider expressly understands that such equipment, even when used, does not eliminate the risk of injury in the event of an accident.