CHARLESTON MOBILITY LLC d/b/a

LEAP MOBILITY (COLLECTIVELY, “LEAP,” “we,” “our,” or “us”),
SCOOTER RENTAL AGREEMENT, WAIVER OF LIABILITY, AND RELEASE

Last Updated: August 05, 2022
 

In order to rent a Scooter, You must have a valid driver’s license. Before You click
“Rent,” please read this agreement carefully. It sets forth the legally binding terms
and conditions for Your use of the Services (as defined below), will affect Your legal
rights, and will limit or eliminate Your ability to bring future legal actions.
In consideration of Your use of any of the Services provided by LEAP, LEAP requires
that you (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Scooter
Rental Agreement, Waiver of Liability, and Release (“Agreement”).
We reserve the right, in our sole discretion, to unilaterally amend, modify, or
otherwise change this Agreement at any time. We will post a revised version of this
Agreement on our website or mobile application (collectively, the “Site”). Your
continuing use of the Services after a revised version of this Agreement is posted
constitutes Your agreement to such revised Agreement. If You do not agree with the
revised version of the Agreement, You must stop using our Services. You agree to
carefully review this Agreement on the Site from time to time, and agree that each
time You rent a Scooter (as defined below), the then-current version of the
Agreement as posted on the Site will apply.

Services Generally
The “Services” provided by LEAP are composed of several elements, including (1)
automated self-serve rental system of LEAP electric scooters (“Scooter” or
“Scooters”), (2) discretionary charging of the Scooter by Rider through the LEAP
charger option, and (3) all other related equipment, personnel, services and
information provided or made available by LEAP. The Services are provided by LEAP
only within the city in which you rent the Scooter (“Location City”). You agree and
acknowledge that You are renting the Scooter and that ownership of the Scooter
remains with LEAP at all times. Except as provided below for Multi-Rental Rides, You
further agree and acknowledge that Rider is the sole renter and is solely responsible
for compliance with all terms and conditions contained herein. You understand that
when You rent a Scooter, that Scooter must be used only by You, and You must not
allow other users to use a Scooter that You have rented. A valid credit or debit card
and a valid phone number and phone capable of receiving SMS messages is
required to rent a Scooter. The Scooters may be rented by and used by individuals
at least 18 years of age only and subject to the laws of the Location City. If You
falsify or misrepresent Your age, You and Your legal guardian shall bear full
responsibility for all Claims (as defined below) related to such misrepresentation.
 

Fees
We agree to rent to You, and You agree to rent from us, the Scooters through the
Services subject to the terms and conditions of this Agreement and in accordance
with the rates set forth on the Site, which are subject to applicable sales taxes and
other local government charges and which may be modified from time to time at

our sole discretion. The rates vary between Location Cities and will be provided to
you through the Site when you start your rental. You understand and agree that the
purpose of the Services is to provide short-term access to Scooters and that Your
use of a Scooter shall not exceed 24 hours or such shorter time as we may inform
You at the time You rent the Scooter. Any Scooters not returned within 24 hours will
be deemed stolen or lost. You assume full responsibility for care of the Scooters
during the period of time You rent the Scooters (“Rental Period”).
If the Scooter is damaged, stolen, or lost during the Rental Period, You shall
immediately return any such damaged Scooter or report any such stolen or lost
Scooter to us. You shall compensate LEAP if the Scooter is damaged (excluding
damage from normal wear and tear), stolen, or lost during the Rental Period.
Amounts due for a damaged, stolen, or lost Scooter will be charged to the credit or
debit card associated with Your account up to a maximum of $600 per Scooter. If
the Scooter is damaged, You will be charged the cost to repair damages, as
determined by us and our affiliates in our sole discretion, when the damages are
reported to or discovered by us. You hereby authorize us to charge Your credit or
debit card for all fees incurred by You as well as such amounts due in connection
with any overdue, damaged, stolen, or lost Scooter, and we may, at our sole
discretion, place an authorization hold on Your credit or debit card to cover any
such amounts. If You dispute any charge on Your account, then You must contact us
within ten days of Your receipt of Your statement containing the disputed charge.
We respect Your right to dispute any charge on Your credit or debit Card; however,
we reserve the right to challenge such disputes and to cancel your authorization to
ride our Scooters and to terminate your Account if your use of charge disputes is
abusive, unreasonable or excessive.
All amounts due and payable to us will be charged to Your credit or debit card. In
the event that the credit or debit card charges are not paid to us, other collection
procedures may be employed. You agree to pay all of our costs of collection,
including, without limitation, reasonable attorneys’ fees, if You do not pay amounts
owed hereunder when due.
 

Multi-Rental Rides
Once you have established Your Account, you may be authorized to enable other
persons who satisfy all conditions of this Agreement to ride Scooters using your
billing information and whose rides will be charged to your credit or debit card. You
acknowledge and agree that You are responsible for all of such riders, including
their compliance with all terms of this Agreement, and that if they or You violate
any terms or provisions of this Agreement, You are responsible for all Claims (as
defined below) arising from such riders.
All riders which you agree to allow to ride LEAP Scooters using Your Account and
credit and debit card will be required to create their own Account, to sign this Rental
Agreement and LEAP’s User Agreement as if they were renting the Scooter
themselves, and to follow all provisions of this Agreement and the User Agreement.
Any rider which you agree to allow to ride LEAP Scooters using Your Account and
credit and debit card must be at least 18 years of age and must have their own

driver’s license. DO NOT ALLOW ANY RIDER TO RIDE THE SCOOTERS USING YOUR
ACCOUNT AND CREDIT AND DEBIT CARD AS PAYMENT IF THEY DO NOT SATISFY ALL
TERMS AND CONDITIONS OF THIS AGREEMENT AND THE LEAP USER AGREEMENT.
YOU WILL BE HELD RESPOSIBLE FOR ALL SUCH RIDERS ACTIONS AND CHARGES
AND ANY CLAIMS ASSOCIATED WITH SUCH RIDERS.
 

Fines
LEAP reserves the right to fine riders up to $100 for illegally parked devices,
impound fees, devices driven beyond city lines, devices blocking handicapped spots
and/or damages due to vandalism. Riders will be charged up to $200 for repeat
offenses. Fine areas are marked “red” on the map inside the LEAP App.
Ride Credits
Ride fees are non-refundable. If you notify LEAP within eight hours of your ride that
there is an issue with a Scooter or your ride, and LEAP determines that the ride fee
should be changed, LEAP may issue to you a ride credit (“Ride Credit”). If you are
issued a Ride Credit, it will be shown on your LEAP account balance. Ride Credits
have no expiration date, and can be used in any city that LEAP operates.
Rental and Use of Scooter
You agree to treat the Scooters with due care. You are responsible for loss or
damage to any Scooter rented by You due to theft, mysterious disappearance, or
any other cause, other than ordinary wear and tear. Before using a Scooter, You
shall conduct a basic safety inspection of the Scooter, 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 (v) any sign of
damage, unusual or excessive wear, or other mechanical problem or maintenance
need. You agree not to ride the Scooter if there are any noticeable issues, and to
immediately notify customer service to alert LEAP of any problems. If You discover a
defect during Your rental, You agree to promptly and safely stop riding the Scooter
and to report it to us prior to the end of Your rental. The Site has a triangle button
feature on the map screen that enables defect reporting, and it will also prompt you
to report any defects after conclusion of the rental.
If You leave a Scooter unattended at any time for any reason, You are responsible
for securing and returning the Scooter through the Site (“Locking”) to protect
against theft of the Scooter. You agree to ensure that when the Scooter is returned
through the Site, the Lock is successfully engaged which is indicated by the LED
light shutting off and a voice prompt. You shall not leave any Scooter unattended at
any location at any time for any reason, unless it is secured as specified above.
You agree to finish the ride and return the Scooter before your phone battery runs
out. You acknowledge that any Scooter not returned may incur additional charges in
accordance with this Agreement. LEAP will try to automatically lock and return
Scooters that are idle for more than 5 minutes, but we are not responsible if the
accelerometer idle detection algorithm fails. If your battery fails and You cannot
lock the Scooter, You may be charged for the extra time incurred after leaving the
Scooter idle. Similarly, You agree to return the Scooter if making a stop exceeding 5
minutes. If Your phone dies, You are responsible for waiting by the Scooter until it
locks or emailing us at support@leapmobility.io your email address and we will lock

the Scooter for You remotely. If You leave the Scooter unlocked and someone takes
it during this 5-minute period, our idle detection will not register that You have
ended the Rental Period and You will be responsible for the charges during the
remainder of the Rental Period. If Your phone is dead for 20 minutes and
subsequently does not send us position data, we will automatically lock the Scooter.
You are then responsible for charges for the 20 minutes. At the start of the
application we ask You to enable location updates in the Site while the Site is in the
background. If You do not authorize that, and select location updates while using,
we are not able to receive location updates while Your screen is locked, so You
either have to unlock the screen every 20 minutes, or the Scooter will lock. You are
then able to immediately re-rent the Scooter, but the ride-starting fee will apply.
Upon the end of the Rental Period, You agree to return the Scooter within the
Location City and to secure the Scooter with the Lock. In the event we permit return
of the Scooter to any location that is not within the Location City, additional fees will
apply and You agree to secure the Scooter as specified above. You agree to refer to
the Site for further requirements for returning the Scooter and to comply with any
and all such requirements and instructions.
You shall provide us with Your name, address, phone number, email, and payment
information, as well as other information as may be required. You shall make sure
that all information provided is accurate and promptly updated, in the event of any
change. Use of our Services or the rental of any Scooter based on the provision of
false or fraudulent information shall be considered theft. For information about how
we collect, use, share and otherwise process information about You, please see our
Privacy Policy, which is available on our Site and at the following link:
https://www.leapmobility.io/privacypolicy/. The Terms of Service governing access
to and use of the Site is available on the Site and at the following link:
https://www.leapmobility.io/termsandconditions/.
 

Prohibited Uses
You shall not do any of the following:
Use any Scooter if You are younger than 18 years of age.
Ride without a helmet and other protective equipment.
Exceed speed limit of 15 mph.
Lift the Scooter up for any reason.
Attach or remove anything from the Scooter.
Use any Scooter if You exceed the maximum weight limit (240 pounds) of theScooter.
Ride any Scooter if you feel unsafe, unsteady or unable to safely operate or control the Scooter.

Use any Scooter if You have any existing physical or mental condition that would
prohibit You from safely operating or controlling the Scooter.
Operate a Scooter while carrying any item that impedes Your ability to safely operate and control the Scooter.
Operate a Scooter while under the influence of alcohol, drugs, or any other
substance that impairs Your ability to safely operate and control the Scooter.
Use any cell phone or mobile electronic device for any use that distracts You from
the safe operation of the Scooter, including, but not limited to, phone calls, text
messages, or music.
Except as provided above for Multi-Rental rides, allow any other person to use theScooter.
Allow more than one person to ride or be carried on the Scooter.
Violate any applicable federal, state, or local law or regulation or traffic rules.
Operate or use a Scooter in poor lighting conditions, or where You are not able to
see clearly.
Operate or use a Scooter in any manner during adverse weather conditions,
including, but not limited to, snow, ice, high winds, hail, dust storms, fog, heavy
rains, or lightning storms.
Ride or operate a Scooter that has any defect, fails to operate as a properly
functioning Scooter, or that is in need of repair.
Use any Scooter if it, or any component of it, appears to be or becomes defective or
malfunctions.
Use the Scooter for racing, tricks, jumping, stunt riding, off-road riding, or in any
other hazardous manner.
Use the Scooter for any commercial purposes.
Tow, pull, carry, or push any person or object with a Scooter.
Remove, dismantle, write on, deface, misuse, or modify any accessories, parts, or
components of any Scooter.

RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK
The Scooter is rented to You “as is” and all Services are provided “as available”
without any warranty, express or implied, including warranties of merchantability or
fitness for any particular purpose.
We do not guarantee that the Services will be available at all times, as use of the
Scooters by other users, repairs, force majeure events, or other circumstances

might prevent us from providing the Services. Access to the Scooters is conditioned
upon the availability of Scooters. We do not guarantee, represent, or warrant the
availability of the Services or the availability of any Scooter. We may suspend all or
part of the Services, may relocate Location Cities, reduce the number of Scooters
available for rent, and otherwise operate the Services in our sole discretion. Rider
should use the Site to check the availability of Scooters. You agree that LEAP may
require You to return a Scooter at any time, regardless of the period for which it was
originally rented, and that You shall comply with any such requirement.
You hereby acknowledge and assume all risks of using the Services. You
acknowledge that riding a scooter is inherently dangerous and carries with it the
potential for serious bodily injury, permanent disability, paralysis and death, and
property damage and loss. You acknowledge and agree that it is Your responsibility
to determine whether You are sufficiently fit and healthy enough to safely use the
Services and to ride the Scooters, which You elect voluntarily. You have no physical
or medical condition that would endanger You or others if You use the Services, or
would interfere with Your ability to safely use the Services. You also certify that You
have not been advised against cycling, riding scooters or any other activity related
to the Services by any health professional. You understand and acknowledge that
there may be heavy vehicle and pedestrian traffic. You assume all other risks
associated with using the Services and the Scooters including, without limitation:
falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers
arising from surface hazards, equipment design failure, and inadequate safety
equipment; hazards posed by vehicles, pedestrians, and other cyclists; and weather
conditions. You further acknowledge that these risks include risks that may be the
result of the failure or design of equipment supplied by, or the negligent acts,
omissions or carelessness of, the Released Parties (as defined below). You
understand that You will be using the Services at Your own risk, that You are
responsible for the risks of using the Services, and that Your use of the Services is
fully voluntary.

You have been advised to wear a protective helmet while using the Services and
riding the Scooters. You understand and acknowledge the increased risk for
personal injury, permanent disability, paralysis and death due to not wearing a
protective helmet. You assume responsibility for any injury, loss, or damage
associated with Your choosing not to wear a protective helmet; further, because
helmets do not protect against all head injuries, and do not protect against other
injuries, You assume responsibility for any injury, loss, or damages associated with
Your use of the Services even if You choose to wear a protective helmet. You also
agree to only ride the Scooter on sidewalks and not on public roads or bike paths on
public roads.

You understand and acknowledge the dangers associated with the consumption of
alcohol or drugs while riding a scooter and You recognize that consumption of
alcohol or drugs might impair Your judgment and motor skills. You agree not to use
the Scooter while under the influence of alcohol or drugs, and further assume
responsibility for any injury, loss, or damage associated with Your consumption of
alcohol or drugs.

​

To the fullest extent permitted by applicable law, You waive, release, and forever
discharge LEAP, LEAP’s sponsors, organizers, promoters, staff, advertisers,
volunteers, property owners, administrators, contractors, any and all other vendors
and all other individuals or entities involved with providing the Services, and all
state, city, town, county, and other governmental bodies or municipal agencies
whose property or personnel are used or in any way assist in locations in which the
Services are provided, and each of their respective parent, subsidiary and affiliated
companies, officers, directors, partners, board members, shareholders, attorneys,
insurers, agents, employees, volunteers, and other participants and representatives
(individually and collectively, the “Released Parties”) from any and all claims,
liabilities of every kind, demands, damages (including without limitation, direct,
indirect, incidental, consequential and punitive), losses and causes of action
(whether known, unknown, asserted, unasserted, fixed, conditional, or contingent),
of any kind or nature (including without limitation, those based in contract, tort,
statutory, or other grounds), which You have or may have in the future, including
court costs, attorneys’ fees and litigation expenses (individually and collectively, the
“Claims”) that may arise out of, or result from, Your use of the Services, including
death, personal injury, temporary or permanent disability, property damage and
damages of any kind, property theft, and Claims relating to the provision of first aid,
medical care, medical treatment, or medical decisions and any claims for medical or
hospital expenses, even if such Claims are caused by the negligent acts, omissions,
or the carelessness of the Released Parties and even if the Released Parties have
been advised of the possibility of such Claims. Any such release is intended to be a
complete and general release of all Claims. The Released Parties may plead such
releases as a complete and sufficient defense to any Claim, as direct or intended
third party beneficiaries of such releases.

You further covenant and agree not to sue any of the Released Parties for any of the
Claims that You have waived, released, or discharged herein.
You agree to indemnify, defend, and hold harmless the Released Parties from any
and all expenses incurred, Claims made by You or third parties, for liabilities
assessed against the Released Parties, including, but not limited to, court costs,
attorneys’ fees, and litigation expenses, arising out of or resulting from, directly or
indirectly, in whole or in part, Your breach or failure to abide by any part of this
waiver, by Your breach or failure to abide by the rules set forth in this Agreement or
provided to You at the time You use the Services or Your actions or inactions which
cause injury or damage to any other person.
You understand that LEAP does not provide insurance coverage for damage or
injuries incurred during use of the Services. You agree to be responsible and
assume liability for any and all costs incurred as a result of using the Services,
including, without limitation, ambulance transport services, hospital stays, and
medical treatment. You agree to indemnify and hold harmless the Released Parties
from all liability for such costs.

You understand that we reserve the right, at our sole and complete discretion, to
deny Your use of the Services.

​

For the avoidance of doubt and to the fullest extent permitted by applicable law,
You do hereby acknowledge and agree that we and all other Released Parties are
not responsible or liable for any Claim that arises out of or relates to (i) any risk,
danger, or hazard described in this Agreement, (ii) Your use of, or inability to use,
any Service, Scooter, or related information, (iii) Your breach of this Agreement or
Your violation of any law, (iv) any misconduct, or other action or inaction by You, or
(v) Your failure to wear a helmet while using the Services. You do hereby waive all
Claims with respect to any of the foregoing, including those based in contract, tort,
statutory, or other grounds, even if we have been advised of the possibility of such
Claims. Further, to the fullest extent permitted by applicable law, in no event shall
we or any Released Party be liable for any indirect, punitive, incidental, special,
consequential, or exemplary damages, including, without limitation, damages for
loss of profits, goodwill, use, data, or other intangible losses, that result from the
use of, or inability to use, the Services. Moreover, if we, or any Released Party, are
found to be liable for any Claims on any basis, such liability shall be limited to the
greater of (a) the total fees paid by You hereunder or (b) one hundred US dollars
($100).
 

Additional Terms of Use
You need to comply with all signs and laws, including, without limitation, laws that
prohibit the Scooter from being used in a particular location.
In order to rent a Scooter, You must have a valid driver’s license.
Rider agrees that LEAP does not provide or maintain places to ride Scooters, and
that LEAP does not guarantee that there will always be a safe place to ride a
Scooter. Sidewalks, bicycle lanes, and other routes may become dangerous due to
weather, traffic, or other hazards.

The Scooter is an electric vehicle that requires periodic charging of its battery in
order to operate. Rider agrees to use and operate the Scooter safely and prudently
in light of the Scooter 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 Scooter will decrease with use of the
Scooter (over both time and distance), and that as the level of charge power of the
Scooter decreases, the speed and other operational capabilities of the Scooter may
decrease (or cease in their entirety).

The level of charging power in the Scooter at the time Rider initiates the rental or
operation of Scooter is not guaranteed and will vary with each rental use.
The rate of loss of charging power during the use of the Scooter is not guaranteed
and will vary based on the Scooter, conditions, weather conditions and other
factors.

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

The distance and time that Rider may operate the Scooter before it loses charging
power is never guaranteed.

The Scooter may run out of charging power and cease to operate at any time during
Rider’s rental of the Scooter, including before reaching Rider’s desired destination.
If the Scooter runs out of charging power during the Rental Period, Rider shall
conclude the ride in compliance with all terms of this Agreement.
Rider agrees that LEAP 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. LEAP provides
Scooters 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 Scooter on their own
and who have agreed to all the terms and conditions of this Agreement.
Termination

LEAP may, in our sole discretion and without any prior notice or cause, unilaterally
terminate Your right to use the Services. You may terminate Your use of the
Services at any time; provided, however, that (i) LEAP will not be obligated to
provide You any refund; and (ii) You may still be charged any applicable additional
fees arising under this Agreement.
 

Media Release
We reserve the right to photograph and record You using the Scooters. You hereby
give us the right to use Your image and likeness (including caricature), and any
reproduction or simulation thereof, in any media now known or hereafter
developed, both during and after the term of this Agreement, for whatever purpose
we deem necessary or desirable. You hereby waive any right to royalties or other
compensation arising from or related to any such use by us or our affiliates.
 

Notice
We may be contacted by emailing us at support@leapmobility.io or by mailing us at
LEAP Mobility, 433 Bishop St NW, Ste B1, Atlanta, GA 30318, attention: Customer
Service.
 

Miscellaneous
This Agreement contains the complete, final, and exclusive integrated agreement
between the parties with respect to its subject matter, and supersedes all other
prior agreements, written or oral, relating to such subject matter. The failure of
LEAP to exercise of enforce any right or provision of this Agreement will not operate
as a waiver of such right or provision. If any provision or part of a provision of this
Agreement is held unlawful, void or unenforceable, the validity of the remaining
portions or provisions of this Agreement shall remain in full force and effect. This
Agreement shall be governed by and construed and enforced in accordance with
the laws of the State of Georgia without regard to conflict of law rules or principles
(whether of the State of Georgia or any other jurisdiction) that would cause the
application of the laws of any other jurisdiction. Termination of this Agreement or
Your right to use the Services will not relieve You of any payment obligations
hereunder. LEAP shall not be liable for failure to perform any of our obligations

hereunder for reasons that are beyond our reasonable control including, without
limitation, fire, flood, earthquake, natural disaster, interruptions in supply, war,
embargo, riots, or acts of terrorism.
 

Acceptance of Agreement
You hereby affirm that (i) You are at least 18 years of age, (ii) You have the legal
and mental capacity to enter into this Agreement, and (iii) You have read and
agreed to this Agreement, fully understand its content, and intentionally and
voluntarily accept its terms.