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REVEL RENTAL AGREEMENT, WAIVER OF LIABILITY, AND RELEASE

Last Revised: August 15, 2019

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.  CAPITALIZED TERMS HAVE THE MEANINGS GIVEN TO THEM WHERE DEFINED IN THIS AGREEMENT.

THE SERVICES PROVIDED BY REVEL TRANSIT INC. (“REVEL” OR “COMPANY”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT. BY EITHER ACCEPTING THIS RENTAL AGREEMENT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to Revel!

DOWNLOAD THE APP, HOP ON, AND GO!

Welcome to Revel, an all-electric moped rideshare built to make getting around fast, affordable and way more fun!  We were founded on the idea that there’s a better way around. That’s why our goal isn’t just to get you to your destination. It’s to help you make your way.

As a first step, you will need to become a Member before you may access the Services and the Revel Mopeds.  Just download the App which can be found on the Site, Google Play, or the Apple App Store, and register quickly and easily.  You only need a valid driver’s license, credit card and safe driving record to register. 

It is important to keep in mind that you are bound by everything in this document whenever you are using the Services, driving the Mopeds, or accessing the App or the Site.  We have tried to keep this Agreement as brief as possible and the legalese to a minimum, but you are responsible for understanding and agreeing to the Terms of Use, the Privacy Policy, the Rate Schedule, and this Rental Agreement when you sign up for Membership and operate the Mopeds.

IMPORTANT BULLETPOINTS

In addition to the Terms of Use, located on the Site and which Member expressly agrees to when Member registers for Membership and signs up for the Services, Member should CAREFULLY READ all terms and conditions before entering into this Agreement. However, we want to highlight the following at the beginning in the event Member is on a smartphone or other device with a small screen. 

  • BEFORE EACH USE OF A MOPED, MEMBER SHALL CONDUCT A BASIC SAFETY INSPECTION OF THE MOPED PURSUANT TO THE RULES. THE FIRST MINUTE OF THE RIDE IS FREE TO ALLOW MEMBER TO CONDUCT THE REQUIRED SAFETY CHECK. MEMBER AGREES NOT TO RIDE IF THERE ARE ANY NOTICEABLE ISSUES AND TO IMMEDIATELY NOTIFY REVEL OF ANY PROBLEMS.
  • BEFORE ENDING A RIDE, MEMBERS MUST RETURN THE MOPED CLEAN AND IN GOOD WORKING CONDITION TO A LOCATION WITH AVAILABLE PARKING WITHIN THE OPERATING AREA AND THE MOPED MUST BE PARKED PURSUANT TO THE RULES AND AT A LOCATION THAT IS FREE FROM STREET CLEANING, SWEEPING, OR OTHER SIMILAR SERVICES SPELLED OUT CLEARLY BY PERMANENT OR TEMPORARY SIGNS FOR A 24-HOUR PERIOD AFTER PARKING.
  • RIDING A MOPED IN CITY TRAFFIC IS A HIGH-RISK ACTIVITY. DEATH OR SERIOUS INJURY IS POSSIBLE. MUCH LIKE OTHER RENTAL SERVICES, REVEL DOES NOT PROVIDE HEALTH INSURANCE COVERAGE.
  • REVEL PROVIDES LIABILITY COVERAGE FOR DAMAGE DURING A MEMBER’S USE OF MOPEDS ONLY IF MEMBER COMPLIES WITH ALL TERMS AND CONDITIONS OF THE RENTAL AGREEMENT, THE PRIVACY POLICY, AND THE TERMS OF USE. FURTHER DETAILS CAN BE FOUND IN SECTIONS 4.0 AND 5.0, BELOW.
  • MEMBER ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY, FOR THEMSELVES AND FOR ANY AUTHORIZED PASSENGER, FOR ALL RELATED RISKS, DANGERS, AND HAZARDS.
  • YOUR PERSONAL INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF A MOPED. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT PRIOR TO USING THE SERVICE.
  • THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS (AND A BINDING ARBITRATION AGREEMENT IN THE TERMS OF USE) THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. 

HERE ARE THE DEFINITIONS WE USE IN THIS AGREEMENT:

1.0 Definitions. 

1.01 “Authorized Passenger” means a second adult person separate from Member who is at least 18 years old and is a non-operating passenger/rider on the Moped that is operated by the Member and only where allowed by law in the Operating Area.  An Authorized Passenger must not operate the Moped, must wear the provided Safety Helmet, and must also otherwise comply with all rules, regulations and laws required for passengers of Mopeds in the Operating Area. An Authorized Passenger does not include any animals or pets, which are strictly and specifically prohibited.

1.02 “Agreement” or “Rental Agreement” means this Rental Agreement, Waiver of Liability, and Release, as well as Appendix A, Appendix B, and Appendix C attached hereto and made a part hereof.

1.03 “App” means Revel’s proprietary software application, which can be downloaded from the Site, Google Play, and the Apple App Store, and accessed with a mobile device.

1.04 “Effective Date” means the date your Membership is approved.

1.05 “Fines and Penalties” means the schedule of fines and penalties set forth in Appendix C hereto and incorporated herein, and as may be amended by Revel from time to time.

1.06 “Lesson” means a brief, complimentary tutorial (which Revel may require of a Member at its sole discretion as a condition to Membership) provided by Revel to new Members to orient them with the proper use of Mopeds. Only users that have registered for Membership through the App are eligible for a Lesson. Revel notes, and Member agrees, that the Lesson is not, and is not intended to be, a lesson with certified training professionals, although Revel at its sole discretion may require that an applicant for Membership and as a prerequisite to Membership complete a Required Lesson. 

1.07 “Member” means a person who has been approved by Revel for Membership after registering via the App and agreeing to these terms and conditions, the Privacy Policy, and the Terms of Use.

1.08 “Member Account” means an App-based portal used by Members to manage their Membership information and privileges.

  1.09 “Membership” means a revocable, non-exclusive, nontransferable right to use Revel’s Services subject to this Agreement.

  1.10 ““Moped” or “Revel Moped” means the low-speed limited use two-wheeled electric vehicle provided by Revel to Member as part of the Services in accordance with the Membership and the terms of this Agreement, the Privacy Policy, and the Terms of Use, and which does not exceed an operating speed of more than 30 miles per hour.

1.11 “Operating Area” means the geofenced region(s) within which the Member is required to begin and end each ride session.  

1.12 “Privacy Policy” means Revel’s Privacy Policy located on and available at the Site, incorporated herein, and as may be amended by Revel from time to time.

  1.13 “Rate Schedule” means the pricing schedule located on and available at the Site as well as the Fines and Penalties set forth in Appendix C hereto, all incorporated herein, and as may be amended by Revel from time to time. 

1.14 “Registration Fees” means the fees Revel charges for registering for the Services, as described in the Rate Schedule, which may vary depending on the Member’s initial sign up offer.

1.15 “Required Lesson” means a lesson with certified training professionals that an applicant for Membership may be required by Revel, at its sole discretion, to complete as a prerequisite to Membership.

1.16 “Rules” means all the rules set forth in this Agreement under the section entitled “General Rental and Use of Moped” and in Appendix A attached hereto and incorporated herein, as may be amended from time to time.

1.17 “Safety Helmet” means the safety helmets and attached Department of Transportation (DOT) certified eye protector screens provided by Revel with the Moped as part of the Services and which are compliant with applicable laws in the Operating Area.  

1.18 “Services” means the services provided by Revel which include (i) the App and the Site, (ii) the Mopeds, (iii) the Safety Helmets, and (iv) all other related equipment, personnel, services, applications, websites, and information provided or made available by Revel, as more fully described in your application for Membership, the Privacy Policy, the Terms of Use, and this Agreement.

1.19 “Site” means Revel’s web site (located at gorevel.com) operated by Revel and pertaining to the Services.

1.20 “Term” means the time period from the Effective Date and while the Membership is active and in good standing, not suspended, and not otherwise terminated as described herein and in your application, including any renewals as applicable.

1.21 “Terms of Use” means Revel’s Terms of Use located on and available at the Site, incorporated herein, and as may be amended by Revel from time to time.

2. The Services.

2.01 Membership. Before you may use the Services and the Revel Mopeds, you must first become a Member by applying for Membership through the App.  To do so, you will need a valid driver’s license, credit card and a safe driving record.  To verify your driver’s license and identity, the application process will involve taking a photograph of your driver’s license and a “selfie.” Satisfaction of the application criteria in this Agreement does not automatically grant the right to be a Member.  Applications are subject to final approval by Revel in its sole discretion.  All Memberships are non-transferable and non-refundable. Membership is conditional on Revel’s acceptance of Member’s application, driving record, approved Registration Fee, confirmation of the terms and conditions of this Agreement, the Privacy Policy, the Terms of Use, the successful completion or waiver of a Lesson, and, as may be required by Revel, the successful completion of a Required Lesson. 

2.02 Ownership; Use.  Neither Membership nor this Agreement grants Members any rights of ownership, use or control over Revel, Revel’s operations or finances, or any Moped. Revel and/or its licensor(s) remains the sole owner of the Mopeds and any other items made available to Member hereunder. A Member may use Revel’s Mopeds only after Membership approval, completion of a Lesson (or waiver thereof), and, as may be required by Revel at its sole discretion, the successful completion of a Required Lesson, and payment of the Registration Fees and any other applicable fees. 

2.03Eligibility.  To be eligible for initial and continued Membership, the Member must:

(a) Obtain at its own expense all necessary equipment and services needed to use the Revel App (including a mobile device and wireless service). Charges from a Member’s wireless carrier or communication service are not Revel’s responsibility. Revel makes no guarantees that the App can be accessed by all wireless devices or service plans or that it will be available in all locations;

(b) Agree to allow Revel to track Member’s location and movements whenever the App is in use on Member’s mobile device (as legally permitted and as governed by Revel’s Privacy Policy, as it may be updated and revised by Revel from time to time);

(c) Have a valid driver’s license that is (i) acceptable in the jurisdiction of the applicable Operating Area and where the Services are being provided to Member for the operation of the specific Moped type provided under the Revel Service, and (ii) in compliance with all state and local laws concerning the legal operation of such Mopeds where the Services are being used by the Member;

(d) Provide Revel with a valid credit or debit card number, billing zip code, and expiration date. Member agrees to immediately inform Revel of any and all changes relating to the applicable credit or debit card;

(e) Have a driving record that meets or exceeds Revel’s proprietary requirements, which Revel may establish or change from time to time in its sole discretion;

(f) Fully complete the Membership application and agree to be bound by the terms and conditions in this Agreement, the Privacy Policy, and the Terms of Use, and confirm that all documents requested by and submitted pursuant to the application are accurate and truthful;

(g) Subject to the terms of the Privacy Policy, by submitting an application,  applicants grant Revel permission to obtain their information from third parties to decide whether or not they are eligible for Membership. Revel will be carrying out checks such as, but not limited to, an identity check and driver record check. Revel may pass on applicant’s personal information to third-party agencies to carry out such identity and driver record checks, and those agencies may keep a record of any search that they conduct. Such checks may also leave an electronic note or “footprint” on the applicant’s record. The information is not sold to third parties by Revel;

(h) Be 21 years old or older;

(i) Have the ability and skill to ride a Moped; and

(j) Be at least 5 feet tall and the Member and Authorized Passenger, if any, must have a combined weight of no greater than 360 pounds.

2.04 Changes to Agreement.  Revel may edit and revise this Agreement in its sole discretion at any time and will promptly send Members notice to the email provided by the Member during the application process, or when the revised Agreement is posted to the Site and/or on the App. The revised Agreement is effective the moment the new version is sent to the Member by email or uploaded to the Site or App.  Use of the Services after revision to the Agreement qualifies as acceptance by Member of the new Agreement.

2.05 Term.  This Agreement shall be in force upon Revel’s acceptance of Member’s application, payment of applicable fees, and completion or waiver of a Lesson and shall remain in force until otherwise terminated as provided herein.

2.06 Termination; No Refund.

  • Termination by Member.  If the Member is in compliance with all the terms of this Agreement, the Privacy Policy, and the Terms of Use, the Member may terminate his or her Membership immediately for no reason, subject to payment of any fees due at the time of the Member’s request for termination.  
  • Termination by Revel.  
  • Revel may terminate this Agreement and Member’s Membership upon thirty (30) days’ notice to Member at any time without cause. 
  • Revel may immediately terminate this Agreement and Member’s Membership, at its sole discretion and without notice, if the Member:
    • fails to pay any sum due;
    • fails to comply with any term or condition specified in this Agreement, the Terms of Use, and/or the Privacy Policy on the Site or the App;
    • is involved in an incident with a Moped that, in Revel’s reasonable discretion, renders the Member ineligible or inappropriate for continued Membership;
    • Member’s driving record is deemed to be unsafe for operating a Moped, in Revel’s sole discretion;
    • engages in any activities or conduct that Revel determines to be unsafe, inappropriate, negligent, offensive, abusive, fraudulent, or otherwise unacceptable, including, but not limited to, failing to observe any safety requirement set for in this Agreement, whether observed by Revel or Revel’s employees directly or as reported to Revel by a third party along with credible evidence, which credibility will be determined by Revel at its sole discretion; and/or
    • is not paying the Member’s debts as such debts generally become due, becomes insolvent, or proposes any dissolution or liquidation.
  • No Refund.  No fees will be refunded in the event of termination. Members agree that they must continue to maintain a safe driving record during the entire Term.  In the event of termination, Member is responsible for all fees and expenses through the last date of termination. In the event of termination, the Member agrees to immediately return all Revel property in their possession to Revel, and agrees to cover all legal fees and expenses necessary for Revel to recover any debts owed by Member under this Agreement.

3.0 General Rental and Use of Moped.

3.01 Compliance with Rules. Member agrees to comply with all the Rules set forth herein and in Appendix A attached hereto.  

3.02 Fees.  Member may use the Moped on a pay per ride basis or as otherwise in accordance with the pricing described pursuant to the Rate Schedule. 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 Revel. Revel will charge the Member, and Member agrees to pay Revel, all applicable fees for the Services pursuant to the Rate Schedule. 

3.03 Pick Up Fees.  If the Member requests that the Moped be picked up by Revel staff because Member is unable to return a Moped to a valid area (i.e. Member deactivates the Moped on private property, a locked community, or another unreachable area), or if the battery charge on the Moped runs out in an unreachable area or outside of the Operating Area, then Revel, at its sole discretion, may choose to charge Member a pick-up fee of up to $150, as well as any applicable toll and ticket fees. If any Moped accessed under Member’s account is abandoned without notice, Member will be responsible for all trip fees and any applicable toll and ticket fees until the Moped is recovered and deactivated, plus a service charge (currently up to $150) to recover the Moped. Fees are subject to change.

3.04 Payment.  Member represents and warrants to Revel that Member is authorized to use any credit or debit card Member furnishes to Revel. Member authorizes Revel to charge the card for all fees incurred by Member. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Revel.  All fees and costs are due when they are incurred, including but not limited to Registration Fees, and all other costs and fees as provided in the Rate Schedule. Temporary or prepaid credit/debit cards are not an acceptable form of payment.

3.05 Pre-Authorization.  Revel may place a temporary hold your credit/debit card before a rental to verify that your payment information is still valid or in certain instances to verify that your credit/debit card has the necessary funds to cover Revel’s fees and costs.  Pre-authorization is not a charge to your account, it is a hold on those funds. Once your actual charge is posted to your account it can take up to thirty (30) days for the original pre-authorization to be removed by your bank. It is your responsibility to be aware of how your bank handles all of your transactions, including pre-authorizations. 

3.06 Taxes.  While using the Services, Member is responsible for all applicable governmental taxes, including sales, use, or VAT, as applicable. Applicable taxes will be added to Member’s bill. 

3.07 Disputed Charges.  If Member disputes any charge on Member’s credit or debit card account, then Member must contact Revel within thirty (30) days of the date of the disputed charge, and provide to Revel 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. If no notice is given by Member to Revel within the foregoing thirty (30) day period, the charge will be final. 

3.08 Delinquent Accounts.  Members are billed for amounts due via credit/debit card, or other means as established by Revel. Any Member account which is past due will be suspended by Revel. If payment of any amount due is rejected by the credit/debit card provided by the Member, Membership, and the use of the Services, may be suspended by Revel, in its sole discretion. Members are responsible for providing and maintaining current credit/debit card information on file with Revel. Ongoing issues with credit/debit card billings may result in termination of Membership. Under no circumstances will Revel be responsible for any overdraft or other fees charged by a Member’s credit/debit card bank. In addition, Revel may engage third parties to collect amounts owed to Revel by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities. Revel also reserves the right to charge interest on overdue charges at the lesser of the rate of 1.5% per month or the highest rate allowable by applicable law.

3.09 No Refunds.  Except as set forth above under “Disputed Fees”, once charged all fees are final and nonrefundable. This includes but is not limited to the Registration Fees, even if the applicant is subsequently denied use of the Services following registration.

4.0 Damages; Liability Coverage.

4.01 Liability Insurance Coverage.  While Revel procures and pays for liability insurance as indicated below,  Members qualify as an insured under the policy only if Member is in full compliance with this Agreement, the Terms of Use, and the Privacy Policy and was in full compliance with this Agreement, the Terms of Use, and the Privacy Policy at the time of the accident or incident.

Revel provides third party auto liability coverage that meets the statutory financial requirements in each jurisdiction of operation for damages during a Member’s use of Mopeds if the Member complies and was in compliance at the time of any incident with all terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use. Member is responsible for the first $500 of damages of each and every insurance claim made by any and all third part(y)ies arising from any accident or incident and for which the Member is determined by the insurance company to be liable. Member agrees that their privately-held motor vehicle insurance, if applicable, will be the primary insurance in case of damages, if Member has privately-held motor vehicle insurance. In any case, Member is solely responsible for covering the cost of any and all damages that exceed coverages offered by Revel.  

Coverage limits vary by location of operation. More information can be found here or by emailing [email protected]

4.02 Lost or Stolen Moped.  A Moped may be deemed lost or stolen if (a) the Moped is not returned within twenty-four (24) consecutive hours, (b) the Moped’s GPS unit is disabled, (c) the Moped is parked on unauthorized private property, in a locked area, or in any other non-public space for more than ten (10) minutes after a ride ends, (d) the Moped moves more than thirty (30) feet after a rental has ended and Revel believes such movement was not caused by another Member or authorized third party, or (e) other facts and circumstances that suggest to Revel in its reasonable, good faith determination that a Moped has been lost or stolen.  If Revel deems a Moped lost or stolen and the loss or theft was not reported by Member to Revel pursuant to the reporting  requirements set forth below in this Agreement, Revel shall have the authority to take any and all actions it deems appropriate (with respect to the last Member to use the Moped or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Member agrees the data generated by Revel’s computer is conclusive evidence of the period of use of a Moped by a Member.

4.03 Moped Damages.  If, while Member has a Moped in their possession, the Moped is lost, stolen, or damaged in any way, then Member agrees to report the loss, theft, or damage to Revel within one (1) hour of the accident or incident through the damage reporting feature on the App (located in the “Help” section) or by contacting Revel’s customer service team and to follow the reporting procedures set forth in Section 5.04, below. If a Member fails to abide by the terms and conditions of this Agreement, the Privacy Policy, and/or the Terms of Use, the Member will be solely responsible for the full cost of any loss, accident or incident and any damage arising from such loss, accident or incident. This includes but is not limited to replacement costs for the lost or stolen Moped, and all damage that occurs to the Moped while in the Member’s possession or control. Such damages include, without limitation, the repair costs (estimated or actual) for the Moped and third-party property, injuries to third parties (including to Authorized Passengers), costs associated with the recovery or transportation of the Moped, and the loss of use of the Moped or third-party property (including property of Authorized Passengers). Member will be responsible for all damage and costs incurred as a result of the unauthorized use of a Moped by any other person under his/her Member Account. However, in general if the Member is in compliance with all the terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use and was in compliance at the time of any incident, and excluding any loss or theft of the Moped, Moped damages arising from a Member’s use of the Moped will be limited to the Moped Damage Fee described below. Revel, in its sole discretion, may not hold a Member liable for any amounts that Revel may recover from any other party.

4.04 Moped Damage Fee.  If a Member is in compliance with all of the terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use and was in compliance at the time of any incident, and except for any loss or theft of the Moped, the Member’s responsibility for damages described above will be limited to $500. However, in the event of negligence, failure to comply with the terms and conditions of this Agreement, the Privacy Policy, and/or the Terms of Use, or intentional wrongdoing, the Member will be liable for the lesser of the full cost of the Moped repair, and the fair market value of the Moped immediately before the damage. 

5.0 Member Responsibilities.

5.01 Acknowledgment. By becoming a Member, the Member represents and warrants to Revel that the Member has received all explanations as the Member may have reasonably requested concerning the content of this Agreement, the Privacy Policy, and the Terms of Use, including all schedules and appendices, and that the Member has carefully reviewed, understands and agrees to the Member’s commitments and obligations hereunder. The Member understands that Revel may, at its sole discretion, run a motor vehicles background check on the Member and the Member understands and authorizes this action according to Appendix B to this Agreement. The Member also represents that the Member has reviewed, understands, and agrees to this Agreement, the Privacy Policy and the Terms of Use.

5.02 Driving Record.  If the Member’s license to operate a motorized vehicle (which includes a license to operate a motorized two-wheeled vehicle such as the Moped) is suspended or revoked or becomes invalid for any reason, if the Member has any further endorsements or accidents on their driving record, or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving, or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Revel immediately and the Member’s right to access and/or use Revel Mopeds and the Services may immediately cease. Failure to immediately notify Revel of any such events, or providing Revel with any false information may lead to the Member not being covered by Revel’s liability insurance policy when driving a Revel Moped and/or termination of Membership.

5.03 Lesson.  Revel provides a voluntary Lesson free-of-charge, which is a complimentary tutorial provided by Revel to new Members to orient them with the proper use of Mopeds and consists of a brief riding session and short introduction to the Moped (less than thirty minutes in length).  To be eligible for a Lesson, users must have completed the Registration process through the App. Notwithstanding the foregoing, Revel, at its sole discretion, may require an applicant, to attend a Lesson as a condition to Membership. Revel notes, and Member agrees, that the Lesson is not, and is not intended to be, a lesson with certified training professionals, although Revel at its sole discretion may require that an applicant for Membership and as a prerequisite to Membership complete a Required Lesson. Successful completion of the Lesson or a Required Lesson does not automatically make a Member eligible to use the Services. Eligibility is in Revel’s sole discretion. 

5.04 Accidents.  If, while Member has a Moped in their possession, the Moped is involved in an accident with another vehicle or an incident resulting in damage to a third party (including to an Authorized Passenger), then first and foremost immediately call 911 and seek any medical attention you and/or an Authorized Passenger require.  Member must contact the police and fill out a police report, contact Revel within one (1) hour or, in the event of injury to the Member, as soon as reasonably practicable following the accident or incident, through the damage reporting feature on the App (located in the “Help” section) or by contacting Revel’s customer service by phone (855-690-9180). If your injuries do not prevent you from doing so, you must stay at the scene until the police finish their report and allow you to leave.  As soon as practicable following the incident, Member agrees to provide to Revel all of the information below: 

  1. Details, circumstance, and location of the incident (time, address, relevant details of the accident);
  2. Relevant information for any vehicles or third party involved (e.g., license plate, names, phone number, and driver’s license number of any persons involved, VIN, make and model, vehicle color);
  3. Insurance materials of all parties involved (e.g., policy number, name, insurance provider);
  4. Witness contact information (e.g., name, address, phone number); 
  5. Insurance information for your personal motor vehicle policy, if applicable;
  6. Photographs of any damage to the Revel Moped or of other vehicles involved; and
  7. A copy of the police report.

Member agrees to fully cooperate with Revel, investigators, and insurance partners in the event of an accident or damages to any third-party person (including to an Authorized Passenger) or property. In the case of noncooperation, Revel reserves the right to withdraw liability coverage above legally-mandated minimums. Member confirms that any legal case in relation to an incident involving a Member and third party may be settled by Revel in Member’s name in Revel’s sole discretion.

5.05 Member Responsibility for Theft or Loss of Moped.  Except as may be specified otherwise herein, Member is solely responsible for what happens to all Revel property while it is in Member’s possession.  This includes, without limitation: any theft of, loss of, or damage to a Moped, the Safety Helmet, or any other equipment.  

6.0 Indemnification; Limitation of Liability. 

6.01 Indemnification.  Member agrees to indemnify, defend, and hold Revel, its affiliates, and its and their respective, officers, directors, shareholders, partners, employees and agents (collectively referred to herein as “Revel”) harmless from and against all damages, losses, claims, liabilities, injuries, demands, costs, and expenses of any kind (including but not limited to reasonable attorneys’ fees) (collectively, “Losses”) incurred by Revel arising out of, resulting from, or related to Member’s use or rental of a Moped. 

6.02 LIMITATION OF REVEL’S LIABILITY.   Except to the extent any loss or damage is ultimately determined to be due SOLELY to Revel’s gross negligence or willful misconduct: 

  • REVEL IS NOT LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF MEMBER’S RENTAL OR USE OF A MOPED OR THE SERVICES. REVEL MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF A MOPED, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RIDING A MOPED IN CITY TRAFFIC IS A HIGH-RISK ACTIVITY. DEATH OR SERIOUS INJURY IS POSSIBLE. HEAD-ON COLLISIONS ARE THE MOST COMMON AND FATAL TYPE OF MOPED CRASH. ACCIDENTS ALSO FREQUENTLY OCCUR ON LEFT HAND TURNS OR WHILE STOPPED AT A TRAFFIC INTERSECTION SINCE A MOPED IS MORE DIFFICULT FOR OTHER DRIVERS TO SEE. LANE SPLITTING CAN CAUSE SERIOUS ACCIDENTS AS WELL. OTHER COMMON REASONS BEHIND MANY MOPED ACCIDENTS (BUT NOT A COMPREHENSIVE LIST) INCLUDE POTHOLES, UNEVEN PAVEMENT, RIDING CARELESSLY IN INCLEMENT WEATHER, DEAD ANIMALS OR DEBRIS IN THE ROAD, SPEEDING, AND DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL WHEN A MOPED ACCIDENT DOES HAPPEN, OFTENTIMES SERIOUS INJURIES OCCUR. SOME OF THE MORE COMMON ONES INCLUDE HEAD AND/OR BRAIN INJURY, NECK AND/OR SPINAL CORD INJURY, BACK INJURY, NERVE DAMAGE, LOSS OF HANDS, FEET, FINGERS AND OTHER LIMBS, PARALYSIS, AND DEATH. 
  • Revel is not accountable for any damage to the Member’s or Authorized Passenger’s persons or belongings that occurs while riding or operating a Moped, nor shall it be accountable for any harm to third parties (including to an Authorized Passenger) for the actions taken by any Member during the reservation period or use of a Moped. Revel makes every effort to ensure there are enough Mopeds for Members, but cannot guarantee availability or functionality of a Moped and is not responsible for any Member damages arising from Moped non-availability. Members can use Mopeds depending on availability as the Services are delivered in a real-time basis and cannot be reserved more than 15 minutes ahead of time. Revel is not responsible for damages to a Member or Authorized Passenger due to the use of any Moped accessories (e.g., parking center stand or kick-stand, cell phone mount, helmet case, bag hook, or Safety Helmet). The Member is solely accountable for Moped accessories and must check their condition before each use. If any accessory is found to be faulty or not in working order, Member must promptly notify Revel and not use the accessory.
  • ANY USE OF A MOPED PROHIBITED BY THIS AGREEMENT VOIDS ALL COVERAGES OR WARRANTIES (INCLUDING BUT NOT LIMITED TO INSURANCE, ACCIDENT, OR LIABILITY COVERAGES); MAKES A MOPED SUBJECT TO IMMEDIATE RECOVERY BY REVEL WITHOUT NOTICE TO MEMBER; AND MAKES MEMBER RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE MOPED, INCLUDING REVEL EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE.

7.0 RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.

In exchange for Member being allowed to use Revel Services, Mopeds, Safety Helmets, and other equipment or related information provided by Revel, Member agrees to fully release, indemnify, and hold harmless Revel 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) with which the operators have contracted to provide Revel Services, and every sponsor of any of the Revel Services and all of the sponsor’s 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 Member’s use of the Revel Services, Mopeds, Safety Helmets, 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 including to Authorized Passengers, 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 Revel Services, including any of the Mopeds, placement, equipment, maintenance, related information, this Agreement or (b) Member’s use of any of the foregoing.

To the fullest extent permitted by law, and as to Member’s use of any of the Revel Services, Mopeds, or related equipment, Revel and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Revel Services, Mopeds, Safety Helmets, and related equipment are provided “as is” and “as available,” and Member relies on them at Member’s own risk.

Member is aware that Member’s use of any of the Revel Services, Mopeds, Safety Helmets, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Member 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;
  • Moped or component malfunction;
  • road conditions; and
  • weather conditions. 

Member is solely and fully responsible for the safe operation of Moped at all times. Member agrees that Mopeds are machines that may malfunction, even if the Moped is properly maintained and that such malfunction may cause injury. Member assumes full and complete responsibility, for themselves and for any Authorized Passenger, 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 Revel, the Released Parties, any Municipality or any other party. Member hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Member does not know or suspect to exist in his or her favor at the time of use of Revel Services, and expressly waives Member’s rights under any statutes that purport to preserve Member’s unknown claims.

8.0 MEMBER ACCEPTANCE OF AGREEMENT

By filing an application for Membership, you hereby certify the following:

  • I certify that I have read and expressly agree to the terms and conditions of the above 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 Moped, and am reasonably competent and physically fit to ride the Moped.
  • I certify that I am the Member, I am 21 years old or over, I will wear a Safety Helmet as required by law and this Agreement, I will not allow another person to operate or drive a Moped or ride a Moped with another occupant other than an Authorized Passenger, 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.

9.0 Notices. 

Any communications and notices from Member to Revel in relation to this Agreement must be sent to Revel by email at [email protected]. Routine Revel communications will be sent to the cell phone number, email address, or mailing address provided by the Member in its application for Membership. Any notices deemed necessary for Member’s attention while using the Services will continue to be sent to Member even after opting out of communications. Notices to Member relating to incident reports are described above. To stop receiving notices of any kind from Revel, Member has to terminate Membership, as more fully described above and in our Privacy Policy.

10.0 Penalties. 

Member agrees to pay any fees outlined in the Rate Schedule in the event of non-observance of any provision in this Agreement, the Terms of Use, and/or the Privacy Policy. 

11.0 INITIAL DISPUTE RESOLUTION, AGREEMENT TO BINDING ARBITRATION, ARBITRATION PROCESS, AND CONDUCT OF ARBITRATION

Member and Revel agree to submit to the Initial Dispute Resolution, Agreement to Binding Arbitration, Arbitration Process, and Conduct of Arbitration provisions of the Terms of Use, which are fully incorporated herein by this reference.  

12.0 CHOICE OF LAW; VENUE; JURY WAIVER. 

12.01 Choice of Law and Venue.  This Agreement, the Terms of Use, and the Privacy Policy shall be governed by the laws of New York without regard to choice of law rules. The exclusive jurisdiction and venue for any action under this Agreement or in connection with the Services shall be in the state and federal courts in the county and state of New York. Member agrees to accept the personal jurisdiction of such courts and waive any claim that such courts do not have jurisdiction over such dispute or that venue in such courts is not appropriate or convenient. Revel will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any violation of this Agreement, the Terms of Use, and/or the Privacy Policy. 

12.02 JURY WAIVER.  YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. 

13.0 ANTI-DISCRIMINATION NOTICE 

New York State Law (which may also be applicable in other jurisdictions) prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, or marital status: 

  1. refusal to rent;
  2. the imposition of any additional charge (except in certain instances where the renter is under the age of 25); and
  3. In addition, it is unlawful for any rental vehicle company to refuse to rent a vehicle to any person solely on the requirement of ownership of a credit card.

14.0 Miscellaneous. 

14.01 Revel reserves the right to change or amend the Services at any time, or deny the Services to a Member for any reason. 

14.02 No waiver by Revel of any of the provisions hereof is effective unless set forth in writing and signed by Revel. 

14.03 No failure or delay in exercising, any right, remedy, power or privilege arising here from operates as a waiver thereof. 

14.04 No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 

14.05 Unless stated otherwise, all remedies hereunder shall be in addition to any other remedies available to either party at law or in equity. 

14.06 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 

14.07 Provisions of these terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement. 

14.08 This Agreement may only be amended or modified by Revel in its sole discretion. 

14.09 This Agreement, and any rights hereunder may not be transferred or assigned by the Member without Revel’s express written consent, which may be granted in Revel’s sole discretion. 

14.10 This Agreement is binding upon the parties hereto and their permitted successors and assigns. 

14.11 Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for Member’s payment obligations. 

14.12 This Agreement, and all terms incorporated herein by reference, including but not limited to Appendix A, Appendix B, Appendix C, the Rate Schedule, Rules, Privacy Policy, and Terms of Use, constitutes the entire agreement between the parties hereto regarding the subject matter hereof. 

14.13 The Member acknowledges and agrees that Member has not relied upon any promise, representation, or warranty, either express or implied, not contained herein. 

14.14 In the event of a conflict between the terms of this Agreement any other document referenced herein, the terms of this Agreement shall govern.

Appendix A

RULES OF THE RIDE

As part of the Agreement, Members are required to abide by these rules of the ride (“Rules”), in addition to all the other terms and conditions in the Agreement, the Privacy Policy, and the Terms of Use. By becoming a Member, you acknowledge and agree to follow these Rules and that you have read and understand them. Failure to do so may result in fines and suspension or termination of your Membership. Capitalized terms herein have the same meanings given in the Agreement.

Member agrees to the following:

  • Before using a Moped, a Member must inspect the Moped for damage (see below for further details). Member must not ride if there is noticeable damage and must report such damage to Revel immediately.
  • Member and any Authorized Passenger must wear a Safety Helmet which includes DOT-certified eye protection.
  • Member may not push or tow any other vehicle or object using the Moped.
  • Member may not operate or drive the Moped between lanes of traffic, or between traffic and parked vehicles, to pass other moving vehicles (aka: “lane-splitting”).
  • Member may not operate or drive the Moped in bicycle lanes, sidewalks or pedestrian walkways.
  • Member may not operate or drive the Moped to race, compete or perform tricks.
  • Member may not operate or drive the Moped negligently or in an abusive or harassing manner.
  • Member may not operate or drive the Moped in any areas not allowed by federal, state or local law or for any use outside the scope of a Moped’s intended purpose, and Member must return the Moped to a location with available parking within the Operating Area.
  • Revel recommends against operation of a Moped while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Moped. If Member chooses to use such an item, Revel recommends that Member ensure the item fits snugly to Member’s body and does not impede Member’s ability to operate the Moped safely.
  • Member must not place heavy objects on the handlebars of the Moped, such as heavy backpacks or bags.
  • Except for the lawful use of a GPS navigating feature that does not impede the safe operation of the Moped, while operating a Moped Member must not use any cellular telephone, text messaging device, portable music player, or other device that may distract Member from operating the Moped safely.
  • Member must not operate a Moped while under the influence of any alcohol, drugs, medication, or other substance that may impair Member’s ability to operate a Moped safely, or while committing any other illegal activity.
  • Member may carry a second person as an Authorized Passenger on a Moped only where allowed by law in the Operating Area, but passenger must not operate the Moped, must wear a Safety Helmet, and must also otherwise comply with all rules, regulations and laws required for passengers of Mopeds in the Operating Area.
  • The Moped must be locked at the conclusion of the ride. If the Moped is not locked, the trip will continue and Member will continue to be charged. The max charge for a single trip is $100 for 24 hours.
  • Member may only use locking mechanisms provided by Revel. You may not add another lock to the Moped or lock a Moped to anything.
  • The Moped must be parked at a lawful parking spot, in an upright position using the kickstand. The Moped cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. You should not park the Moped in heavily trafficked areas if the Moped is in danger of being knocked down.
  • The Moped must be parked in a space that is visible.
  • All applicable laws in the Operating Area (including, without limitation, those applicable to traffic, pedestrians, parking, and electric Mopeds) must be obeyed, including any helmet and eye protection laws.
  • Member must report any damaged or malfunctioning Mopeds to Revel within one (1) hour of the malfunction through the damage reporting feature on the App (located in the “Help” section) or by calling Revel’s customer service. 

ADDITIONAL TERMS OF USE.

Moped Safety Check/Use/Return and Parking.

Safety Check: Before each use of a Moped, Member shall conduct a basic safety inspection of the Moped, which includes inspecting the for following: (i) body damage; (ii) low tire pressure; (iii) missing Safety Helmets in the top case; (iv) broken lights/signals, mirrors; (v) properly functioning brakes; (vi) trueness of the wheels; (vii) good condition of the frame; (viii) sufficient battery charge power; and (ix) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. The first minute of the ride is free to allow Member to conduct the required safety check.  If the Moped has signs of any damage, the Member must contact Revel immediately through the damage reporting feature on the App (located in the “Help” section) or by calling Revel’s customer service to avoid being held responsible for the damages. Failure to report damage prior to using the Moped may incur liability for the repair costs. 

Use: Members must not use a Moped that has damage to the brakes, tires, signals, lights or mirrors. Members must operate the Moped in a careful, reasonable manner, and in accordance with the Lesson and any virtual tutorials or safety videos provided by Revel. Member must notify Revel immediately if the Moped malfunctions, or is damaged or stolen. If, through no fault of the Member, the Moped malfunctions or is damaged it cannot be safely operated and the Member is unable to bring the Moped to the Operating Area, or if the Moped is stolen, the Member may use a substitute form of transportation and Revel will issue a ride credit of up to $10. Members are solely responsible for any violations, including but not limited to traffic and parking violations incurred during a rental as well as for 24 hours after the rental period ends. The Member’s responsibility includes fines for late payment and any processing fees due to a Member’s use of a Moped. Members agree to pay for all violations incurred. The Member agrees that Revel may charge the Member’s payment method on record. 

Return and Parking: Before ending a ride, Members must return the Moped clean and in good working condition to a location with available parking within the Operating Area. Within the Operating Area, the Moped must be parked:

  • on public, non-metered, on-street parking, and parked perpendicular to the street with back tire closest to the curb
  • at least 2 feet from the closest vehicle
  • not in front of a painted curb or on a crosswalk
  • at least 15 feet from the closest fire hydrant
  • at a location that is free from street cleaning, sweeping, or other similar services spelled out clearly by permanent or temporary signs for a 24-hour period after parking 

Members are liable for all parking tickets incurred within 24 hours of ending a rental. Members are responsible for ensuring that a Moped retains enough charge to be returned by Member to the Operating Area during a Member’s use of such Moped. If a Member fails to do so, the Member will be responsible for the reasonable cost incurred by Revel to return the Moped to the Operating Area.

Member is Sole Operator/Driver.

Revel and the Member are the only parties to this Agreement. The Member is the sole operator/driver of the Moped and is solely responsible for compliance with all terms and conditions contained in this Agreement, the Privacy Policy, and the Terms of Use. Member understands that when Member activates a Moped from the location, the Moped must be operated/driven only by the Member. Member must not allow others to operate or drive a Moped that Member has activated from the location. Doing so will result in immediate suspension.

Member May Not Use the Services In Any Restricted Area, Region, Or Road.

Member agrees not to use the Services in any restricted region or road as indicated on the map in the App.  Additionally, Member agrees not to use the Moped on any road with a speed limit exceeding 40 miles per hour.

Member is a Competent Moped Operator.

Member represents and certifies that he/she is familiar with the operation of the Moped, and is reasonably competent and physically fit to ride the Moped. By choosing to operate and ride a Moped, Member assumes all responsibilities and risks for any injuries or medical conditions to themselves and to any Authorized Passenger or third party. Member is solely responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Moped. Member is advised to adjust Member’s riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

Approved Moped Operators. 

Only Members may operate or drive one of Revel’s Mopeds. Renting or subletting of the Moped to any other person is not allowed. If a Member permits another person to operate or drive a Moped, that Member’s account will be suspended or terminated. Revel may require a Member, at its sole discretion, to attend the Lesson before using the Services. After the Lesson, Revel may still require Member, at its sole discretion, to take a Required Lesson before using the Services. Only Members 21 years of age or older may operate or drive a Moped. Members (either alone or with a combined weight with an Authorized Passenger) exceeding 360 pounds or under 5’0” in height may not operate a Moped, as these exceed the maximum weight and minimum height limits for safely operating a Revel Moped. Members must be able to ride a Moped. If you do not have the balance or strength to ride a Moped, you will not be able to safely operate a Moped. Members must have a valid driver’s license that is acceptable in the jurisdiction where the Services are being provided to Member for the operation of Mopeds and be in compliance with all federal, state and local laws concerning the legal operation of Mopeds where the Services are being used by the Member. Your license must be kept on you at all times during a rental. Revel reserves the right to reject applicants in its sole discretion based on driving record (including, but not limited to, having a number of driving infractions). Attending a Lesson with Revel staff does not automatically grant you permission to use our Services.

Moped is the Exclusive Property of Revel or its Licensor(s).

Member agrees that the Moped, the Safety Helmet, and any Revel equipment attached thereto, at all times, remain the exclusive property of Revel and/or its licensor(s). Member must not dismantle, write on, or otherwise modify, repair or deface a Moped, any part of a Moped, or other Revel equipment in any way. Member must not write on, peel, or otherwise modify or deface any sticker on a Moped in any way. Member must not use a Moped, or other Revel equipment, for any advertising or other commercial purpose without the express written permission of Revel.

Services and Moped Availability.

The Services are available to Member daily beginning at 5:00 a.m. and ending at Midnight.  A ride may begin any time after 5:00 a.m. up to Midnight. These general availability hours are subject to change at Revel’s sole discretion. It is Member’s responsibility to make sure prior to initiating a ride that the Moped has adequate electric charge for the expected duration of the ride.  Revel makes every effort to provide Revel Services 365 days per year, but does not guarantee that Revel Services will be available at all times, as unforeseen events or other circumstances might prevent Revel from providing the Revel Services. Access to Revel Services is also conditioned on the availability of Mopeds. Revel does not represent or warrant the availability of any of Revel Services or the availability of any Moped at any time. Member agrees that Revel may require Member to return a Moped at any time.

Member Must Follow Laws Regarding Use and/or Operation of Moped.

Member agrees to follow all laws pertaining to the use, riding, parking, and/or operation of the Moped, including all federal, state and local laws and the rules and regulations pertaining to Mopeds in the jurisdiction where Member is operating the Moped, including any helmet laws. Member also agrees to act with courtesy and respect toward others while using the Revel Services.

Moped Reservations. 

Mopeds are available to Members in the order of arrival of ride requests. Members using a Moped will be charged and billed according to the Rate Schedule. Members may make a reservation using the App and will be billed immediately following the end of the rental. Members may cancel or change a reservation via the App up to 15 minutes after making the reservation. More than one reservation cancellation or change in the same 1-hour time period may incur a fee.

Vehicle is Intended for Only Limited Types of Use.

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

No Tampering.

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

Member Responsibility for Moped Use and Damage.

Member agrees to return the Moped to Revel in the same condition in which it was rented. Member will not be responsible for normal wear and tear.

Electric Vehicle.

The Moped is an electric vehicle that requires periodic charging of its battery in order to operate. While as part of the Services, Revel endeavors to make sure the Moped is fully charged before a Member initiates the Services for the use of the Moped, it is Member’s responsibility to make sure prior to initiating a ride that the Moped has adequate electric charge for the expected duration of the ride. Member agrees to use and operate the Moped safely and prudently in light of the Moped being an electric vehicle and all of the limitations and requirements associated therewith. Member understands and agrees with each of the following:

  • The level of charge power remaining in the Moped will decrease with use of the Moped (over both time and distance), and that as the level of charge power of the Moped decreases, the speed and other operational capabilities of the Moped may decrease (or cease in their entirety).
  • The level of charging power in the Moped at the time Member initiates the rental or operation of the Moped is not guaranteed and will vary with each rental use.
  • The rate of loss of charging power during the use of the Moped is not guaranteed and will vary based on the Moped, road conditions, weather conditions, and other factors.
  • It is Member’s responsibility to check the level of charge power in the Moped and to ensure that it is adequate before initiating operation of the Moped.
  • The distance and/or time that Member may operate the Moped before it loses charging power is never guaranteed.
  • The Moped may run out of charging power and cease to operate at any time during Member’s rental of the Moped, including before reaching Member’s desired destination.

 Charging of Vehicle.

If the Moped runs out of charging power during a rental, Member shall conclude the ride in compliance with all terms of this Agreement.  Member may not charge, attempt to charge, or engage others to charge the Moped. 

 Helmets; Safety.

Use by Member and any Authorized Passenger of a Safety Helmet is required for the use of Revel’s Services. As part of the Services, Revel provides Member and Authorized Passengers with the use of the Safety Helmets contained in the helmet case attached to each Moped.  Revel and all other Released Persons do not represent or warrant the quality or safety characteristics of any Safety Helmet provided by Revel as part of the Services, and Member agrees that none of the Released Persons is liable for any injury suffered by Member and/or an Authorized Passenger while using a Safety Helmet provided by Revel for use of the Services. Member assumes all risk for themselves and for Authorized Passengers of not wearing a Safety Helmet or other protective gear. Member may need to take additional safety measures or precautions not specifically addressed in this Agreement.

Vehicle Routes.

Member agrees that Revel does not provide or maintain places to ride Mopeds, and that Revel does not guarantee that there will always be a safe place to ride a Moped. Roads, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.

Limitations on Vehicle Rental.

Member agrees that Revel is not a common carrier. Alternative means of public and private transportation are available to the general public and to Member individually, including public buses and rail service, taxis, and pedestrian paths. Revel provides Mopeds 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 Moped on their own and who have agreed to all terms and conditions of this Agreement, the Privacy Policy, and the Terms of Use.

Appendix B

MOTOR VEHICLE RECORDS CHECK DISCLOSURE AND AUTHORIZATION

Disclosure Regarding Background Investigation.

Revel Transit Inc. (the “Company”) may obtain information about you from a third party consumer reporting agency for Moped rental purposes. Thus, you may be the subject of a “consumer report” which may include information about your character, general reputation, personal characteristics, and/or mode of living.  These reports may contain information regarding your credit history, criminal history, motor vehicle records (“driving records”), verification of your education or employment history, or other background checks. You have the right, upon written request made within a reasonable time, to request whether a consumer report has been run about you and to request a copy of your report.  These searches will be conducted by Checkr, Inc., One Montgomery Street, Suite 2000, San Francisco, CA 94104 | (844) 824-3257 | checkr.com/applicant

Acknowledgment and Authorization for Background Check. 

I acknowledge receipt of the separate documents entitled Disclosure Regarding Background Investigation and A Summary of Your Rights Under the Fair Credit Reporting Act and certify that I have read and understand both of those documents. I hereby authorize the obtaining of “consumer reports” and/or “investigative consumer reports” by the “Company at any time after receipt of this authorization and throughout my employment, if applicable.  To this end, I hereby authorize any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, past or present employers, motor vehicle records agencies, or insurance company to furnish any and all background information requested by Checkr, Inc., One Montgomery Street, Suite 2000,  San Francisco, CA 94104 | (844) 824-3257 | https://checkr.com/applicant and/or the Company.  I agree that a facsimile (“fax”), electronic, or photographic copy of this Authorization shall be as valid as the original.

New York residents/applicants only:  Upon request, you will be informed whether or not a consumer report was requested by the Company, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report.   You have the right to inspect and receive a copy of any investigative consumer report requested by the Company by contacting the consumer reporting agency identified above directly. By signing below, you acknowledge receipt of Article 23-A of the New York Correction Law. New York City residents/applicants only: You acknowledge and authorize the Company to provide any notices required by federal, state or local law to you at the address(es) and/or email address(es) you provided to the Company.

Washington State applicants only:  You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act. 

Minnesota and Oklahoma applicants only:  Please contact the Company at [email protected] if you would like to receive a copy of a consumer report if one is obtained by the Company.

San Francisco applicants only: Please click below for the San Francisco Fair Chance Act Notice.

Appendix C

FINES AND PENALTIES

Parking fines and fees: $5 Service Fee + cost of ticket and related fees incurred by Revel and up to $15 penalty fee for repeated offenses. You are responsible in the event of a parking citation during and within 24 hours of the end of your reservation. Revel will immediately pay all traffic violations on the Moped, and will charge the ticket cost to your account, in addition to the $5 Service Fee. Members must pay Revel for the parking fine and related fees even if a Member is disputing a ticket with the parking authorities. Payment will be refunded in the event that a Member is successful in their dispute. 

Unauthorized Parking (ending your ride outside of Revel’s Home Zone): $50-$150. If Member parks the Moped and ends the ride outside of our Home Zone, or if you park in an unauthorized area, we will need to move it, and will charge you a fee of $50 up to $150, depending on location. Member is responsible for any fines on the Moped until Revel staff retrieves it. 

Leaving Moped Unlocked: $150. If a Member does not lock the Moped (including leaving the helmet top case unlocked), or properly secure the Moped on its center stand, or end their rental through the App, which could result in damage or theft of the Moped.

Moped Towed/Retrieval Service Fee: $400+. If a rented Moped is towed and within 24 hours of the end of a Member’s ride, Member is responsible for all related fees and fines. Member is also responsible for a $150 Retrieval Service Fee to compensate Revel staff having to retrieve the Moped. 

Safety Violation: $150+. If you violate the Rules or use a Revel Moped in a manner deemed unsafe by Revel, Revel will charge you a Safety Violation Fee of up to $150 (which Safety Violation Fee will be collected and paid to a local community charity by Revel) and may restrict or terminate your Membership. 

Lost/Damaged Helmet: up to $75. If a Member loses or accidentally takes a helmet after ending their ride, they will be charged up to $75 

Riding Outside Brooklyn or Queens: Up to $75 (plus Unauthorized Parking Fee, if applicable).

Damage Fee: Up to $500. Accidents happen. If you report the damage to the Moped and are otherwise in compliance with the Membership Agreement, we will limit your damage fee to the lesser of: $500, the fair market value of the Moped immediately before it was damaged, and the actual repair cost for the Moped.

Insurance Claim Deductible: up to $500. Member is responsible for the first $500 for each insurance claim made by any and all third part(y)ies arising from any accident or incident and for which the Member is determined by the insurance company to be liable.

Stolen Moped: If Member’s Moped is stolen during Member’s rental and recovery is unsuccessful through our GPS locator, Revel may charge you $500 for the Moped. If a Moped is stolen due to your intentional actions or negligence, you will be liable for the reasonable costs incurred by Revel for the loss up to the fair market value of the Moped.

Multiple Cancellation Fee: $5. Members are allowed to cancel or have their reservation expire after reserving a Moped in the App. However, if Members cancel or change their reservation a second time in the same 1-hour time period, they will be charged a $5 Multiple Cancellation Fee.

Declined credit card payment: $15

.

Failure to Report Fee: Up to $500, for not reporting damage or an accident involving a third party or third party property.

Excessive cleaning required: Up to $100, depending on severity.