Rental Agreement

e-Enjoy Inc. Rental Agreement, Waiver and Release Effective date: 27.04.2023 PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE LEGALLY BINDING TERMS FOR YOUR USE OF THE e-Enjoy SERVICES. In consideration of your (“e-Enjoy”, “You” or “Your”) use of any of the E-Enjoy Services (as defined herein) provided by e-Enjoy. (“e-Enjoy”), E-Enjoy requires that you (acting on behalf of all of Driver’s family, heirs, agents, affiliates, representatives, successors and assigns) agree to all of the terms and conditions contained in this Rental Agreement. e-Enjoy, Disclaimer and Release (“Agreement”). The Services provided by e-Enjoy include (1) the e-Enjoy mobile application (the “e-Enjoy Application”) and the e-Enjoy website, referred to on the Website (“e-Enjoy Site”); and (2) e-Enjoy electric vehicles (“Vehicle” or “Vehicles”); (3) all other related equipment, personnel, services, applications, websites and information provided or made available by e-Enjoy (collectively, “e-Enjoy Services”). In addition to the Terms of Use, located at enjoyscooters.com/terms-and-conditions, which you expressly agreed to when you registered to use the e-Enjoy Services, you should CAREFULLY READ this Agreement in its entirety. THIS AGREEMENT CONTAINS WAIVERS, DISCLAIMERS AND ASSUMING PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS REFER TO SECTIONS 9 AND 15 BELOW E-Enjoy expressly agrees to permit and the Driver expressly agrees to undertake the rental of the Vehicle subject to the terms and conditions set forth herein. Unless otherwise indicated, all monetary values specified in this Agreement shall be deemed to be denominated in Euros in Denar Equivalents.

  1. GENERAL RENTAL AND USE OF VEHICLE

1.1 The driver is the only user. e-Enjoy and the Driver are the only parties to this Agreement. The Driver 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, the vehicle must be used only by You. You must not allow other persons to use a vehicle that you have activated. 1.2 The driver is at least 18 years old. Driver represents and warrants that Driver is at least 18 years of age. Persons under the age of 18 are prohibited from using or accessing the e-Enjoy Services. 1.3 The driver is a competent vehicle operator. The Driver represents and warrants that he is familiar with the operation of the Vehicle and that he is reasonably competent and physically able to drive the Vehicle. This information may be updated periodically. By choosing to drive a vehicle, the Driver assumes all responsibilities and risks, as further explained in Section 15 of this Agreement, for any injuries or medical conditions, including death, as well as property damage, incurred while using the services of e -Enjoy. You are responsible for determining whether the conditions, including, without limitation, rain, fog, snow, hail, ice, heat or thunderstorms, make it unsafe or dangerous to operate the vehicle. We recommend that you adjust your driving behavior and stopping distance in relation to all conditions, including, without limitation, weather, visibility, environment and traffic conditions. 1.4 The vehicle is the exclusive property of e-Enjoy. The Driver agrees that the Vehicle and all equipment attached thereto shall, at all times, remain the exclusive property of e-Enjoy. You may not dismantle, deface, write on, repair or otherwise modify a vehicle, any vehicle part or other e-Enjoy equipment in any way. You may not write on, peel off or otherwise alter or deface vehicle decals in any way. You may not use a vehicle or any other e-Enjoy equipment for any advertising or other commercial purposes without the express prior written consent of e-Enjoy. 1.5 Operating hours and availability of the vehicle. The Driver agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days a year. Vehicles must be rented within the maximum rental time limits listed below. There is a finite number of vehicles, and e-Enjoy does not guarantee vehicle availability. 1.6 The vehicle may only be used and/or operated in: The driver agrees to use, operate and/or drive the vehicle only within the defined city limits of the fleet. 1.7 The driver must follow the laws regarding the use and/or operation of the vehicle. The driver agrees to follow all laws relating to the use, driving, parking, charging and/or operation of the vehicle, including all applicable state and local laws, including all rules and regulations relating to vehicles in the area where you operate a Vehicle, including, but not limited to, all helmet laws. The Driver also agrees to act safely and with courtesy and respect to others while using the e-Enjoy services. 1.8 Prohibited Acts. The driver agrees to the following:
  • e-Enjoy advises against operating the Vehicle while wearing or holding a briefcase, backpack, bag or other object that may alter the balance or impair the safe operation of the Vehicle. If you choose to bring such an item onto the Vehicle, that item must fit snugly around your body and not interfere, in any way, with your ability to operate the vehicle safely.
  • You must not place objects on the steering wheel of the Vehicle that in any way interfere with your ability to operate the Vehicle properly and safely.
  • While driving a Vehicle, you may not use a cell phone, text messaging device, mobile communication device, portable music player or any other device that may distract you from the safe operation of the Vehicle or the use of which is otherwise prohibited by applicable law , rules or regulations.
  • You may not operate a Vehicle while under the influence of alcohol, drugs, medication or any other substance that may impair your ability to operate the Vehicle safely or otherwise impair your judgment.
  • Only one Driver per Vehicle is permitted at any time.
  • Animals or pets are not allowed to ride on the Vehicle.
  • You may only use locking mechanisms provided by e-Enjoy. You may not add another vehicle lock or vehicle lock to any part of the Vehicle.
  • The vehicle must be parked in a legal parking space, in an upright position with the help of the legs. The vehicle may not be parked on unauthorized private property, in a locked area or in any other unapproved, non-public area. You should not park the vehicle in high traffic areas if the vehicle is in danger of being overturned.
1.9 The vehicle is only intended for limited types of use. The driver agrees that he/she will not use the vehicle for racing, mountain driving or stunt or stunt driving. The Driver agrees not to drive and/or use the Vehicle on unpaved roads, through water (outside of normal city driving) or in any location where the use of the Vehicle is prohibited, illegal and/or disruptive to others. Driver agrees that he/she will not use the vehicle for rental or reward, or use it in violation of any applicable laws, rules, ordinances or regulations. 1.10 Weight and Load Limits. You must not exceed the maximum weight limit for the vehicle which is 100 kg. 1.11 No manipulations. You must not manipulate; attempt to gain unauthorized access to; or otherwise use the e-Enjoy Services except as set forth in this Agreement. 1.12 Reporting damage or crashes. The driver must report any accident, collision, damage, personal injury or stolen or lost vehicle to e-Enjoy as soon as possible. In addition, the Driver must file a report with the local police within 24 hours of (i) an incident involving personal injury or property damage; or (ii) vehicle theft. The Driver agrees that he/she is responsible for all claims, costs and expenses related to the Driver’s use of the e-Enjoy services, including, but not limited to, any abuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, deaths, property damages, fines, attorneys’ fees, judgments, suits or payments of any kind or nature related to (i) the use of a vehicle by the driver; or (ii) a stolen or lost vehicle. 1.13 Driver’s responsibility for use and damage to the vehicle. The Driver agrees to return the vehicle to e-Enjoy in the same condition in which it was rented, however, the Driver will not be responsible for the depreciation of the Vehicle. 1.14 Electric vehicle. The vehicle is an electric vehicle that requires periodic charging of its battery to operate. The Driver agrees to use and operate the Vehicle safely and prudently considering that the Vehicle is an electric vehicle, including all restrictions and requirements related thereto. Driver understands and agrees to each of the following:
  • The level of charging power remaining in the Vehicle will decrease with use of the Vehicle (depending on time, distance and speed), and that as the vehicle’s level of charging power decreases, the speed and other operational capabilities of the Vehicle may decrease (or stop altogether).
  • The level of charging power in the Vehicle at the time the Driver commences the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.
  • The rate at which the Vehicle will lose charge is not guaranteed and may vary (i) based on several factors, including but not limited to road conditions, weather conditions and driver weight; and (ii) from vehicle to vehicle.
  • It is the Driver’s responsibility to check the charging power level in the Vehicle and ensure that it is adequate before starting to operate the Vehicle.
  • The distance and/or time the Driver can drive the Vehicle before it loses charging power is never guaranteed.
  • The Vehicle may run out of charging power and/or stop working at any time during the Driver’s rental of the Vehicle, including before returning the Vehicle.
1.15 Insurance. VEHICLE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS OR DAMAGES INVOLVING A VEHICLE OR DAMAGE TO THE VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.

  1. PAYMENT AND FEES.

2.1 Fees. The Driver may use the Vehicle on a pay-per-ride basis or otherwise in accordance with the rates provided on the e-Enjoy App or the e-Enjoy Website. [If there is a conflict between the prices given on the e-Enjoy app and the e-Enjoy website, the prices given on the e-Enjoy website shall govern. In any event, fees and other charges may be subject to applicable local government taxes and other charges, which may be levied by e-Enjoy. e-Enjoy will charge the Driver (via credit or debit card or other agreed payment method) the amount of the fees as described in this Agreement. 2.2 Promo Codes. Discount promo codes are one-time offers and can only be redeemed through the e-Enjoy app. e-Enjoy reserves the right to change or cancel discounts at any time. Discounts are limited to one per customer per account and cannot be combined with other offers. Discounts are non-transferable and may not be resold. 2.3 Maximum Rental Time and Charges. The maximum time for renting the Vehicle is 24 hours. The Driver agrees that the Driver will return the Vehicle to the rental location in a working condition. The Driver may re-hire the Vehicle. The Driver agrees that he/she is solely responsible for being aware of any elapsed time associated with the timely return of the Vehicle. The maximum charge for a vehicle per calendar day is EUR 60.00 (“Maximum daily charge”). Upon return of the Vehicle, e-Enjoy will be charged the lesser of (i) the accrued rental charges for that rental period or (ii) the maximum daily charge. Vehicles not returned to the original rental location within 48 hours will be considered lost or stolen and (i) the driver may be charged the purchase price of the vehicle; and (ii) a police report/criminal complaint may be filed. e-Enjoy may also charge an additional service fee of €75.00 per 24 hour period beyond the initial 24 hour rental period, when the Vehicle is not lost or stolen. For the period of holding the Vehicle from 24-48 hours without being registered in e-Enjoy, the Driver will be charged 135 euros. 2.4 Valid credit or debit card. To be registered to use e-Enjoy’s services, the driver must provide e-Enjoy with a valid credit or debit card number and expiration date. The Driver warrants to e-Enjoy that the Driver is authorized to use any credit or debit card that the Driver provides to e-Enjoy. The Driver authorizes e-Enjoy to charge the card for all charges incurred by the Driver. All charges are subject to applicable sales taxes and other local government charges that may be levied by e-Enjoy. If the Driver disputes any charge on the Driver’s credit or debit card account, then the Driver must contact e-Enjoy within 10 business days of the end of the month in which the disputed charge occurred and provide e-Enjoy with all information necessary to identify such disputed charge, including but not limited to the rental date, the original rental location, and the approximate start and end times of the rental. The Driver agrees to immediately notify e-Enjoy of any changes regarding the Card. 2.5 Withdrawal Fees. If you are unable to return the vehicle to a rental location and request that the vehicle be picked up by e-Enjoy staff, e-Enjoy may, in its sole discretion, elect to charge you a pick-up fee of up to €10 (“Pick-up Fee”) . If any vehicle rented under your account is abandoned without notice, you will be responsible for all billing and rental fees until the vehicle is recovered by e-Enjoy and decommissioned, in addition to the pickup fee. All fees, including the pickup fee, are subject to change. 2.6 Security Deposit Upon vehicle rental, e-Enjoy will be charged a refundable security deposit of €50.00. Such security deposit will be returned to the Driver upon return of the Vehicle in the same condition as when originally rented, excluding normal depreciation.

  1. ADDITIONAL TERMS OF USE.

3.1 Security Check. Before each use of the vehicle, the Driver should perform a basic safety inspection of the vehicle, which includes checking the following: (i) the condition of the wheels; (ii) safe operation of all brakes and lights; (iii) good frame condition; (iv) sufficient battery charging power; and (v) any sign of damage, unusual or excessive wear or tear, or any other visible and obvious mechanical problems or maintenance needs. The Driver agrees (i) not to drive the Vehicle if there are any noticeable problems with respect to the above; and (ii) immediately notify e-Enjoy Customer Service of any such matters. 3.2 Lost or stolen vehicle. The Vehicle may be considered lost or stolen if (i) the Vehicle is not returned within 24 consecutive hours of the rental; (ii) the vehicle’s GPS unit is disabled (iii) the vehicle is parked on unauthorized private property, in a locked area or in any other non-public area; or (iv) other facts and circumstances suggesting to e-Enjoy in its reasonable, good faith or good faith determination that the Vehicle has been lost or stolen. e-Enjoy and You agree that the last Driver of the Vehicle shall be responsible for the lost or stolen Vehicle, unless the facts and circumstances clearly suggest otherwise to e-Enjoy in its reasonable, good faith or determination. If e-Enjoy believes that the Vehicle has been lost or stolen, e-Enjoy shall have the authority to take any action it deems appropriate (with respect to the last Driver of the Vehicle or otherwise), including, without limitation, (i) obtaining restitution and other appropriate compensation and damages; and (ii) filing a police report/criminal complaint with local authorities. The Driver agrees that the data generated by the e-Enjoy computer is conclusive evidence of the period of use of the Vehicle by the Driver. The Driver agrees to report the disappearance or theft of the Vehicle to e-Enjoy as soon as he becomes aware of such disappearance or theft. 3.3 Helmets; Security. e-Enjoy recommends that all riders wear a Snell, CPSC, ANSI or ASTM approved helmet that is properly sized, fitted and secured in accordance with the manufacturer’s instructions. e-Enjoy and any other Released Persons (as defined in Section 15 of this Agreement) do not represent or warrant the quality or safety features of any helmet, and Rider agrees that no Released Person shall be liable for any injury suffered by the Rider, including death, while using any e-Enjoy service, whether or not the Rider is wearing a helmet at the time of the injury. The driver assumes all risk of not wearing a helmet or other protective equipment. The Driver may be required to take additional safety measures or precautions not specifically covered in this Agreement. 3.4 Vehicle Routes. The Driver agrees that e-Enjoy does not provide or maintain places to drive Vehicles and that e-Enjoy does not guarantee that there will always be a safe place to drive a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become hazardous due to weather, traffic, or other hazards. 3.5 Vehicle Rental Restrictions. The driver agrees that e-Enjoy is not an ordinary carrier. Alternative means of public and private transport are available to the general public and to the Driver individually, including public bus and rail services, taxis and footpaths. e-Enjoy provides vehicles only as a convenience to be used as convenient sports equipment, and such rental availability is intended to be used only by those persons who (i) are able and qualified to operate the vehicle themselves; and (ii) who have agreed to all terms and conditions of this Agreement. 3.6 Limitations on Availability of e-Enjoy Services. e-Enjoy makes every effort to provide the e-Enjoy Services 365 days a year, but e-Enjoy does not guarantee that the e-Enjoy Services will be available at all times. Access to the services of e-Enjoy is conditioned by the availability of the Vehicles. e-Enjoy does not represent or warrant the availability of any e-Enjoy Services or the availability of any Vehicle at any time. The Driver agrees that e-Enjoy may require the Driver to return the Vehicle at any time, and the Driver agrees to do so.

  1. TERMINATION

4.1 Termination by e-Enjoy. e-Enjoy may, in its sole discretion, unilaterally terminate the Driver’s right to use the e-Enjoy services without notice or reason. The Driver may terminate the Driver’s use of the e-Enjoy services at any time; provided, however, that (i) e-Enjoy is not required to provide any refund as a result of the termination of the Driver; and (ii) Driver may still be charged the applicable additional fees in accordance with this Agreement. This Agreement will remain in full force and effect, subject to its terms and conditions, after any termination of the Driver’s right to use any of the e-Enjoy services, regardless of whether e-Enjoy, the Driver or a third party was responsible for the termination on the use of e-Enjoy services. 5. Confidentiality of information; Privacy Policies. You understand and agree that all personal information relating to Drivers held by e-Enjoy, including all names, addresses, telephone numbers, email addresses, passwords, payment information and other information, e-Enjoy will stores them in accordance with its privacy policy located at the link on the E-Enjoy website (enjoyscooters.com/privacy policy). e-Enjoy provides protection of personal data according to the Law on Protection of Personal Data of the Republic of North Macedonia.

  1. Image and likeness license/approval.

For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, you hereby knowingly, voluntarily and irrevocably: (i) give your full and unconditional consent to e-Enjoy and its affiliates, successors and assigns to use at all times , and from time to time, without limitation, your appearance and voice in photographs, videos and other recordings related to your use of the e-Enjoy Services, in all media, including on websites and for all print, promotional, advertising, publicity and other commercial purposes, including all formats and media, whether now known or hereafter devised , worldwide and in perpetuity; (ii) grants to e-Enjoy and its affiliates, successors and assigns (a) the right to photograph, videotape and otherwise record your appearance and voice in connection with your use of the e-Enjoy Services, at any time and from time to time, (b) all right, copyright, title and interest 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, modify, and exploit, at any time and from time to time and as e-Enjoy may decide in its sole discretion, such photographs, videos and other recordings, or any component thereof, and all related commerce , promotions, advertising and publicity; and (iii) Waive and release all Released Persons from all claims (as defined in Section 15 of this Agreement) that you have or may have for any, defamation, invasion of privacy, right of publicity, copyright infringement or injury to any right granted by you in this Section 6.   Waiver of protection of personal data is also implemented according to the Law on Protection of Personal Data of the Republic of North Macedonia.

  1. Note.

You can contact e-Enjoy at the website and the prominent email addresses: support@enjoyscooters.com and info@enjoyscooters.com .

  1. Choice of law; Dispute resolution.

This Agreement is governed by, and must be interpreted and enforced in accordance with, the laws of the State of the Republic of North Macedonia, excluding principles of conflict of laws. For any dispute relating to this Agreement: (i) each party shall be entitled to its own costs, expenses, and reasonable attorneys’ 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 a party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of the Republic of North Macedonia and agrees that those courts have jurisdiction over each party; (iii) the place of holding the trials must be in Skopje, Republic of North Macedonia, before the Basic Civil Court Skopje, and for criminal offenses misdemeanors and crimes before the Basic Criminal Court Skopje, or if the individual case requires it before the competent court or others competent state authorities, but always in Skopje, Republic of North Macedonia. The competent law is the Laws of the Republic of North Macedonia, regardless of the area of civil, criminal or administrative matter or procedure. The Law on Obligations, the Law on Property and Other Real Rights, the Criminal Code, the Law on Misdemeanors, and the laws that are in force at the time of using e-Enjoy services.

  1. Binding Arbitration/Court/Jurisdiction and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT. 9.1 Initial Dispute Resolution Driver Support is available through the e-Enjoy App to address any issues you may have regarding this Agreement or your use of a Vehicle (“e-Enjoy Support Process”). Before commencing arbitration, the parties agree to first negotiate in good faith through the Driver Support Process and to use their best efforts to resolve any dispute, claim, question or disagreement. 9.2 Binding Legislation If the parties do not reach an agreed solution through the e-Enjoy Support Process, then the only means of resolving that dispute (“Dispute”) will be resolved according to the national legislation of the Republic of North Macedonia, regardless of the area of civil, criminal or administrative matter or procedure . Law on Obligation Relations, Law on Property and Other Real Rights, Criminal Code, Law on Misdemeanors. 9.3 Location The parties agree by their contractual will that the actual and territorial jurisdiction for resolving disputed rights and issues shall be before the Basic Civil Court Skopje, and for criminal offenses misdemeanors and criminal offenses before the Basic Criminal Court Skopje, or if the individual case requires it before the competent court or another competent state authority but always in Skopje, Republic of North Macedonia. 9.4 Class Action Waiver The parties further agree that any disputed legal proceeding shall be brought only in their individual capacities and not as a class or other representative proceeding, and the parties expressly waive their right to bring a class action. 9.5 Intellectual Property Litigation and Small Claims Litigation Regardless of the parties’ decision to settle all disputes through the Basic Civil Court Skopje, and for criminal offenses misdemeanors and crimes before the Basic Criminal Court Skopje, or if the individual case requires it before the competent court but always in Skopje, Republic of North Macedonia, either party may sue 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 small claims court for disputes or claims within that court’s jurisdiction.

  1. Waiver and Severability.

No waiver of any breach of any provision of this Agreement shall be a waiver of any other breach or any other provision of this Agreement. The provisions of this Agreement are independent and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by reason of the fact that, for any reason, any one or more of them may be invalid or unenforceable in their entirety. or in part.

  1. Cumulative Remedies.

All rights and remedies granted pursuant to or specified in this Agreement are cumulative and non-exclusive, and recourse to one does not preclude the availability or applicability of the other or any other right or remedy provided by law.

  1. Final Settlement; Modification by e-Enjoy.

This Agreement constitutes the entire, 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 the consent of the Driver, e-Enjoy may unilaterally amend, modify or change this Agreement, at its sole discretion. By continuing to use any of the e-Enjoy Services following any amendment, modification or change, the Driver agrees to be bound by all such amendments, modifications and changes. Driver must carefully review this Agreement on a regular basis to remain aware of all amendments, modifications and changes. Whenever a change is made to this Agreement, e-Enjoy will post a notice on the e -Enjoy site. The price package listed on the e-Enjoy site or e-Enjoy app supersedes all prices listed in this Agreement.

  1. Interpretation of the Agreement.

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

  1. Voluntary Performance of this Agreement.

This Agreement is entered into voluntarily, with care and without any coercion or undue influence by or on behalf of e-Enjoy. The Driver acknowledges that he/she has (i) read this Agreement; (ii) understands the terms, conditions and consequences of this Agreement, including the notices contained herein; and (iii) is fully aware of the legal and binding effect of this Agreement.

  1. PUBLICATIONS; ANSWERS; RISK ASSUMING.

In exchange for the Driver being permitted to use e-Enjoy services, vehicles and any other equipment or related information provided by e-Enjoy, the Driver agrees to fully release, indemnify and hold harmless (i) -Enjoy and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, successors, assistants, professionals; (ii) rental site owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns and professionals; (iii) to the fullest extent permitted by law, each municipality (including its elected and appointed officials, officers, employees, agents, contractors and volunteers) with which the operators have contracted to provide services to e-Enjoy; and (iv) each sponsor of any of the e-Enjoy Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, professionals, successors and assigns (collectively, “Released Persons “) from liability for all “claims” arising out of, or in any way related to, the driver’s use of the e-Enjoy services, vehicles or related equipment, including, but not limited to, those claims based on the alleged negligence of the Releasees, breach of contract and/or breach of express or implied warranty, except for claims based on the gross negligence or willful misconduct of the Releasees. Such releases are intended to be a general and complete release of all claims. “Claims” means, collectively, any and all claims, injuries, demands, obligations, disputes, causes of action (including statutory, contract, negligence or other tort theories), proceedings, obligations, debts, liens, fines, costs, penalties, agreements, promises, costs, expenses (including attorneys’ 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 the driver or third parties, consequential, compensatory or punitive damages) or losses (whether known, unknown, alleged, unconfirmed, fixed, contingent or unforeseen) arising out of or relating to (i) any of the Services of e-Enjoy, including the vehicles, installation, equipment, maintenance, related information or this Agreement; or (ii) use of any of the foregoing by the Driver. The Driver ACKNOWLEDGES AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING FROM YOUR ACCESS TO AND USE OF THE e-Enjoy SERVICES OR ANYTHING RELATED TO THE LAW IS THE RESPONSIBILITY OF THE DRIVER, NOR e-Enjoy, WHICH IS DISCLAIMER. DAY NEITHER PARTY NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE e-Enjoy SERVICES SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DISRUPTION OF SERVICE, OR EXPENSES. WARRANT FOR SUBSTITUTIONS OF PRODUCTS OR SERVICES OR FOR WHICH DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL INJURY ARISING OUT OF OR RELATED TO DRIVER’S PERSONAL APPROACH IN USING THE SERVICES; (II) THE USE OR INABILITY TO USE THE e-Enjoy SERVICES; (III) ANY COMMUNICATIONS, INTERACTIONS OR ENCOUNTERS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET AS A RESULT OF YOUR USE OF THE e-Enjoy SERVICES; (IV) ANY AND ALL USE OF THE e-Enjoy SERVICES INCLUDING THE e-Enjoy WEBSITE, e-Enjoy APP, PRODUCTS AND SERVICES AND/OR (V) YOUR INCOMPLETE OR NEGLIGENT USE OF THE e-Enjoy SERVICES, OR OR THE FAILURE OF A THIRD PARTY WHEREVER AND AT ANY TIME WHETHER UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND NON-CONFORMITY), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT e-Enjoy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF THE LIMITED REMEDY SET FORTH HEREIN APPLIES THAT IT IS NOT A COMPONENT PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW, THE DRIVER’S USE OF ANY OF THE SERVICES, VEHICLES, OR OTHER EQUIPMENT OF e-Enjoy AND ALL OTHER ASSOCIATED PERSONS DISCLAIMER OF LIABILITY INCLUDING WARRANTIES FOR USE AND FITNESS FOR PARTICULAR PURPOSES. ALL e-Enjoy SERVICES, VEHICLES AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE AT THE DRIVER’S OWN RISK. The Driver is aware that e-Enjoy’s use of any of the e-Enjoy services, vehicles and related equipment involves obvious and not so obvious risks, hazards and dangers that may result in injury or death to the Driver or others and damage to property , and that such risks and hazards cannot always be predicted or avoided. Risks and hazards include, but are not limited to:
  • vehicles and other objects;
  • pedestrians;
  • traffic;
  • malfunction of the vehicle or any component;
  • road conditions;
  • weather conditions;
  • failure to follow applicable laws regarding the use and/or operation of the Vehicle in accordance with Section 1.7;
  • committing any of the prohibited acts set forth in Section 1.8;
  • failure to perform the required security screening in accordance with Section 3.1;
  • not wearing a helmet, whether or not required by law; and negligent acts or omissions by e-Enjoy, any other Released Person, Driver or third party.
The Driver is solely responsible for any injuries or damages caused by the Driver’s use of the e-Enjoy services and/or any related equipment that is part of or connected to the e-Enjoy. Services, regardless of whether such injury is caused to you or others. The Driver is solely and entirely responsible for the safe operation of the Vehicle at all times. Driver agrees that vehicles are machines that may malfunction, even if the Vehicle is properly maintained, and that such malfunction may cause injury. The Driver assumes full responsibility for the Driver’s use of the e-Enjoy services, including, but not limited to, all associated risks, hazards and dangers associated with or arising from the Driver’s use of the e-Enjoy services , and the Driver further agrees that e-Enjoy is not responsible for any injury, death, harm, damage or cost caused by you or otherwise related to your use of the e-Enjoy Services. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONSTITUTES AND INCLUDES ACKNOWLEDGMENTS THAT DRIVER HEREBY EXPRESSLY WAIVES ANY CLAIMS AND CLAIMS AGAINST RELEASE PARTIES, ANY MUNICIPALITY, RENTAL LOCATION MANAGER OR ANY OTHER PARTY THAT THE DRIVER KNOWS OR SUSPECTS THAT EXISTS DURING USE OF THE SERVICES AND EXPRESSLY WAIVES ANY STATUTE OR RULE INTENDED TO PROTECT ITS CLAIMS. ACCEPTANCE OF DRIVER AGREEMENT I confirm that I have read and expressly agree to the Terms and Conditions of Section 15 Releases; I disclaim the responsibility of the other party; Assumption of risk, and I acknowledge that this Section 15 limits my legal rights and remedies. I intend my consent to this Agreement to be a full and unconditional release from all liability of the other party to the fullest extent permitted by law. I again declare and certify that I am familiar with the operation of the Vehicle and that I am reasonably competent and physically able to drive the Vehicle; I further confirm that:
  • I am the driver ;
  • I am 18 years or older ;
  • I will wear a helmet where required by law;
  • I will not drive a vehicle with another passenger;
  • I will obey all traffic laws;
  • I will drive at my own risk;
  • I have read and expressly agree to the terms and conditions set forth in this Agreement.