TERMS & CONDITIONS

Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

In consideration of Your use of any of the Sparrow Scooters Inc. Services (defined below), Sparrow Scooters Inc. 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 SPARROW Rental Agreement, Waiver of Liability and Release (“Agreement”).

The services provided by Sparrow Scooters Inc. (“SPARROW”) include, among other things, (1) SPARROW mobile application (“SPARROW App”) and related website, (2) SPARROW Electric Vehicles (“Vehicle” or “Vehicles”), and (3) all other related equipment, personnel, services, applications, websites, and information provided or made available by SPARROW (collectively, the “SPARROW Services”).

In addition to the Terms of Service, located at www.sparrow.com, You expressly agreed to when you signed up for SPARROW, You should CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a partial list of some of the terms that SPARROW wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.

THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW

You must end your ride on the SPARROW App at the conclusion of the ride. If you fail to do so, You will continue to be charged. For more details, please refer to Section 2.3 below. Upon conclusion of Your ride, the Vehicle must be only within the approved area. All applicable laws and regulations (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any additional helmet laws in Your area.

You must end your ride on the SPARROW App at the conclusion of the ride. If you fail to do so, You will continue to be charged. For more details, please refer to Section 2.3 below. Upon conclusion of Your ride, the Vehicle must be only within the approved area. All applicable laws and regulations (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any additional helmet laws in Your area.

GENERAL RENTAL AND USE OF VEHICLE

RIDER IS SOLE USER

SPARROW 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 the 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.

RIDER IS AT LEAST 19 YEARS OLD

Rider represents and certifies that Rider is at least 19 years old.

RIDER IS A COMPETENT VEHICLE OPERATOR

Rider represents and certifies that he/she is familiar with the operation of the Vehicle, is competent and physically fit to ride the Vehicle, and has reviewed the safety materials provided in the SPARROW App and/or SPARROW’s website. 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.

VEHICLE IS THE EXCLUSIVE PROPERTY OF SPARROW

RRider agrees that the Vehicle and any SPARROW equipment attached thereto, at all times, remain the exclusive property of SPARROW. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other SPARROW equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other SPARROW equipment, for any advertising or other commercial purpose without the express written permission of SPARROW.

VEHICLE OPERATING HOURS AND VEHICLE AVAILABILITY

Rider acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented during operating hours (as set forth in the SPARROW App) and within the maximum rental time limits set forth in Section 2.3 below. The number of Vehicles are limited and Vehicle availability is never guaranteed. Rider acknowledges that SPARROW may terminate a ride at any time.

OPERATION AREA

Rider agrees not to use, operate, and/or ride the Vehicle in any no-ride zone and further agrees not to transport the Vehicle outside of permitted service areas.

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 federal, provincial and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including helmet laws. Rider also agrees to act with courtesy and respect toward others while using the SPARROW Services.

PROHIBITED ACTS

Rider agrees to the following:
SPARROW recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance, add extra weight, or impair safe operation of the Vehicle. If You choose to use such an item, You do so at your own peril; SPARROW 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 any objects on the handlebar of the Vehicle, such as 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. You may only use locking mechanisms provided by SPARROW. You may not add another lock to the Vehicle or lock a Vehicle other than in accordance with SPARROW’s instructions. The Vehicle must not be parked at a prohibited parking spot. The Vehicle cannot be parked on unauthorized private property, in a locked area, blocking the right of way, 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, and in an upright position using the kickstand.

VEHICLE IS INTENDED FOR ONLY LIMITED TYPES OF USE

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

WEIGHT AND CARGO LIMITS

You must not exceed the maximum weight limit for the Vehicle (100 kg unless otherwise indicated).

NO TAMPERING; NO UNAUTHORIZED USE

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

REPORTING OF DAMAGE OR CRASHES; TRAFFIC VIOLATIONS AND ENFORCEMENT

Rider must report any accident, crash, damage, personal injury, traffic violation, or stolen or lost Vehicle to SPARROW 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/they 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
RIDER RESPONSIBILITY FOR VEHICLE USE AND DAMAGE

Rider agrees to return the Vehicle to SPARROW in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.

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.

NO 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. Rider agrees that he/she/they is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to Rider charging or attempting to charge the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that SPARROW and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.

MOBILE DEVICE REQUIREMENTS AND ACTIVE INTERNET CONNECTION

Unless otherwise instructed by SPARROW in writing, to activate SPARROW Services with the SPARROW App, You must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the SPARROW App. Certain functions of the SPARROW App, such as the possibility to register with SPARROW, to unlock, rent and end the rental of the Vehicle require that the SPARROW App has an active network connection. You are responsible for the availability and costs of Your mobile data communication services. You are also responsible for ensuring that Your mobile device has adequate battery capacity. SPARROW shall not be responsible if You are unable to unlock, use or end the ride of the Vehicle as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. You shall remain responsible for and SPARROW may charge You all costs (including rental fees) incurred until the ride is ended.

PAYMENT AND FEES

FEES

Rider may use the Vehicle in accordance with the pricing described in the SPARROW App, which may include a ride start fee, fees based on distance or time (with time rounded up to the nearest minute), and/or a required minimum fee. Pricing is subject to change. 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 SPARROW. SPARROW 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, including any recurring payment you choose.

REFERRAL AND/OR PROMOTIONAL CODES; WALLET FUNDS

SPARROW may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on SPARROW Services or other features or benefits provided by SPARROW, subject to any additional terms that SPARROW establishes. Promo Codes will be automatically calculated by the SPARROW App. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by SPARROW; (iii) may be disabled by SPARROW at any time for any reason without liability to SPARROW; (iv) may only be used pursuant to the specific terms that SPARROW establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. SPARROW reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that SPARROW determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
The SPARROW App includes a “Wallet” feature that allows You to add funds to Your SPARROW account and store those funds for future use of SPARROW Services. From time to time, at SPARROW’s sole discretion, the SPARROW App may offer a credit to your Wallet account (the “bonus credits”) as an incentive for you to add funds to the Wallet. You understand and agree that bonus credits (i) may be used only to pay for SPARROW Services within the SPARROW App; (ii) may not be transferred or sold in any manner unless expressly permitted by SPARROW; (iii) are not electronic money or an investment of any kind, are not personal property, have no cash value, and may not be withdrawn or refunded; (iv) may be consumed in advance of other Wallet funds, or held back until other Wallet funds have been consumed, at SPARROW’s sole discretion; and (v) may be deleted from the Wallet without compensation or refund if your SPARROW account is suspended or terminated in accordance with this Agreement.

MAXIMUM RENTAL TIME AND CHARGES

Rider agrees that Rider will deactivate the Vehicle rental after their period of rental. Rider may rent again. Rider is solely responsible for being aware of the length of any elapsed ride time. After return of the Vehicle, Rider will be charged the maximum per day charge. Rental time will be calculated from the moment of unlocking the SPARROW through the SPARROW App until the Rider receives the confirmation through the SPARROW App that the ride has ended and rounded off to the nearest integral number of days. If You end the ride incorrectly, this may result in the Ride not being terminated. If the ride is not ended properly, the Ride will continue and the Rider will continue to be charged. If you have technical issues terminating a ride for any reason, You should report this to SPARROW through the SPARROW App immediately. Failure to report an issue in terminating a ride may result in continued charges. Vehicles not returned (with the ride concluded at the designated parking spots) within 3 hours after end of rental will be considered lost or stolen, and Rider may be charged up to the value of the Vehicle plus administrative and processing fees.

VALID PAYMENT METHOD

To be registered to use the SPARROW Services, Rider must provide SPARROW with a valid credit, debit card or prepaid card number and expiration date or other valid payment method information. SPARROW accepts Visa, MasterCard, American Express, and Discover cards. Rider represents and warrants to SPARROW that Rider is authorized to use any credit, debit or prepaid card or other payment method information Rider furnishes to SPARROW. By providing your payment method, You agree that SPARROW is authorized to charge You for your ride and any other fees incurred by Rider under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes.
When you provide a payment method or in accordance with SPARROW policies, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If Your payment method expires and You do not update your information or cancel your account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
If Rider disputes any charge on Rider’s payment method, then Rider must contact SPARROW within 10 business days from the end of the month with the disputed charge, and provide to SPARROW 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 SPARROW of all changes relating to the payment method.

PICK UP FEES

If You are unable to return a Vehicle to a valid area (i.e. You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by SPARROW staff, SPARROW, at its sole discretion, may charge You a pick-up fee. 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.

PAYMENT SECURITY

SPARROW and its partners process payments in compliance with Payment Card Industry Data Security Standards.

ADDITIONAL TERMS OF USE
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 SPARROW of any problems.

LOST OR STOLEN VEHICLE

A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 3 consecutive hours after the end of rental, (b) the Vehicle’s GPS unit is disabled, (c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non-public space for more than ten minutes after a rental ends, (d) the Vehicle moves more than thirty feet after a rental has ended and SPARROW believes such movement was not caused by another Rider or authorized third party, or (e) other facts and circumstances that suggest to SPARROW in its reasonable, good faith determination that a Vehicle has been lost or stolen. SPARROW and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to SPARROW in its reasonable, good faith determination. If SPARROW deems a Vehicle lost or stolen, SPARROW 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 SPARROW’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 SPARROW immediately or as soon as possible.

HELMETS; SAFETY

SPARROW mandates that all Riders wear an approved helmet or the one provided by SPARROW on reservation that has been properly sized, fitted and fastened according to the manufacturer’s instructions. By use of SPARROW’s services the Rider agrees to wear a helmet (as stated above) at all times while riding a SPARROW scooter. SPARROW 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 SPARROW 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.

VEHICLE ROUTES

Rider agrees that SPARROW does not provide or maintain places to ride Vehicles, and that SPARROW 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.

LIMITATIONS ON VEHICLE RENTAL

Rider agrees that SPARROW 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. SPARROW 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.

TERMINATION

At any time and from time to time, and without Rider’s consent, SPARROW may unilaterally terminate Rider’s right to use the SPARROW Services, in SPARROW’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the SPARROW Services at any time; provided, however, that (i) no refund will be provided by SPARROW, (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 SPARROW Services, regardless of how the Agreement is terminated. Rider agrees that, in connection with or in lieu of terminating Rider’s use of the SPARROW Services, SPARROW can retake possession of any Vehicle at any time in SPARROW’s sole discretion for reasons that include, but are not limited to: if Rider abuses the SPARROW Services, causes damage to the Vehicle, or otherwise violates the terms of this Agreement, if the Vehicle is found illegally parked, if the Vehicle is being used to violate the law, or if the Vehicle appears to be abandoned. Rider agrees that SPARROW need not notify Rider in advance of repossessing the Vehicle and that SPARROW may take any actions reasonably necessary to obtain possession of the Vehicle, including remotely disabling the Vehicle, tracking the Vehicle’s location through GPS tracking devices and utilizing any other devices connected to the Vehicle. Rider agrees to pay or reimburse SPARROW for the actual and reasonable costs incurred by SPARROW to repossess the Vehicle.

CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES

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

LICENSE TO IMAGE AND LIKENESS

For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to SPARROW and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the SPARROW Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to SPARROW and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the SPARROW Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as SPARROW may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims(defined below in Section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

NOTICE

SPARROW may be contacted by emailing info@sparrowscooters.ca. For matters of customer service and support, SPARROW’s customer service team can be reached at the said email. Mail may be sent to:

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CHOICE OF LAW; DISPUTE RESOLUTION

This Agreement is governed by, and must be construed and enforced in accordance with, the provincial and federal laws of British Columbia and Canada. 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 British Columbia, Canada and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Vancouver, British Columbia.

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.
INITIAL DISPUTE RESOLUTION

Rider Support is available via the SPARROW 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.

BINDING ARBITRATION

If 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 use and rental of a Vehicle, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, provincial 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 are 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 he cost of filing a lawsuit, SPARROW 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.

LOCATION

The arbitration will take place in Vancouver, British Columbia or a mutually agreed upon location.

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 SPARROW 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.

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.

RIGHT TO OPT OUT

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 info@sparrowscooters.ca . 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, SPARROW also will not be bound by them.

CHANGES TO THIS SECTION

SPARROW will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period. For any dispute not subject to arbitration you and SPARROW agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Vancouver, British Columbia. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

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.

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.

FINAL AGREEMENT; MODIFICATION BY SPARROW

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, SPARROW may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the SPARROW 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, SPARROW will post a notification on the Website. The pricing set forth on the Website or SPARROW App supersedes all pricing set forth in this Agreement.

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. In the event of any conflict or ambiguity in meaning between the English-language version of this Agreement and a translation of this Agreement into a language other than English, the English version will control.

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 SPARROW. 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.

RELEASES; DISCLAIMERS; ASSUMPTION OF RISK

In exchange for Rider being allowed to use SPARROW Services, Vehicles, and other equipment or related information provided by SPARROW, Rider agrees to fully release, indemnify, and hold harmless SPARROW 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) in which Rider utilizes SPARROW Services, and every property owner or operator with whom SPARROW has contracted to operate SPARROW Services and all of such parties’ 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 SPARROW 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 releases 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 SPARROW 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 SPARROW Services, Vehicles, or related equipment, SPARROW and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the SPARROW 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 SPARROW 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 while riding a SPARROW scooter; and negligent acts or omissions by SPARROW, 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 SPARROW, 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 SPARROW 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 ?? 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 19 years old or over, I will wear a helmet at all times while riding a SPARROW scooter, I will not ride a SPARROW 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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