Evolve Member Agreement

Last updated: August 30, 2024

IMPORTANT - PLEASE READ CAREFULLY

Please read this Agreement carefully prior to registration or making use of any Evolve e-bike, e-cargo bike, or e-scooter (collectively, “Evolve Device(s)”). It explains your rights and duties as an Evolve member.

By either making use of any Evolve Device under your membership in the Evo Car-Sharing Program (the “Evo Program”), pursuant to the terms and conditions of the Evo Membership Agreement (found here), or by submitting your registration for Evolve membership under the Evolve Device-Sharing Program (the “Evolve Program”), you agree to abide by this Evolve member agreement (this “Agreement”), including but not limited to, the waivers, releases and limitations of liability set forth herein, and you understand and accept that by doing so you give up certain legal rights. You also confirm that the information you provided in your registration is complete and accurate and that you meet the eligibility criteria to become an Evolve member (see the "Eligibility Criteria" section below). If you do not agree with all of the terms and conditions of use set forth in this Agreement, you are not permitted to rent or use any Evolve Devices from us or our affiliates.

You further understand that we may, in our sole discretion, reject your application for Evolve membership or terminate your existing membership, whether or not you meet the eligibility criteria and without any obligation to provide any reason or justification therefor. You also understand that we may change the eligibility criteria for Evolve membership or any part of the Evolve Program or change this Agreement at any time.

YOU MAY CANCEL YOUR EVOLVE MEMBERSHIP AT ANY TIME BY NOTICE TO US IN WRITING. FEES AND OTHER CHARGES ARE NOT REFUNDABLE EXCEPT WHERE REQUIRED BY LAW.

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Your Evolve Member Agreement

What your Evolve Member Agreement Covers

This is the Evolve Member Agreement, which sets out the conditions of Evolve membership and the terms under which you may participate in the Evolve Program. To the extent that your use of Evolve Devices is made through your membership in the Evo Program, your use of the Evolve Devices is governed by both the terms of this Agreement and the terms of the Evo Membership Agreement which are available here. Throughout these terms and conditions, we will refer to this Evolve Member Agreement as this "Agreement" or this “Member Agreement”.

The following Documents are part of this Agreement and are attached to it:

A. Rate Schedule

B. Privacy Policy

C. Trip Process and Parking Rules

When this Agreement refers to "you" or "your", it means the person who has applied for Evolve membership by submitting a registration or in any other way that we make available from time to time. When this Agreement refers to "we", "our" or "us", it means B.C.A.A. Holdings Ltd.

This Agreement contains a number of defined terms. These defined terms are initially denoted in quotations and have the specific meanings as provided in this Agreement.

How this Agreement May be Amended

This Agreement is subject to change without notice to you, and all such changes will be effective upon posting to our website at http://evo.ca/evolve, as of the date indicated at the top of this Agreement. By continuing to use Evolve after such date you will be deemed to have accepted any such changes. Nevertheless, we may ask you (but are not required to ask you) to read and confirm your agreement with any changes to this Agreement when you make a reservation, access your member account online, use the user app or other Evolve membership features or services.

How to Become an Evolve Member

To become an “Evolve member” and to use our Evolve Program, you must:

• either register with us by one of the methods that we make available from time to time or, in certain regions, have an existing Evo Program membership;
• meet the eligibility criteria to become an Evolve member and to use the Evolve Devices;
• accept the terms of this Agreement, including our Rate Schedule, Privacy Policy, Trip Process and Parking Rules and any other additional Documents which we may require from time to time;
• be approved by us as an Evolve member; and
• provide an authorized, valid and legitimate payment information.

Registration

If you are an existing Evo Program member, you may see the option to rent Evolve Devices within the user app in certain regions. By making use of any Evolve Devices under your existing Evo membership, you expressly agree to be bound by all of the terms and conditions of this Agreement.

If you are not an existing Evo Program member, you can register for the Evolve Program through the user app. During the registration process you will be asked to provide:

• personal information (such as your name, and date of birth);
• contact information;
• valid credit card information; and
• your residential address.

Your contact information must include a valid email address and a valid mobile telephone number. You will need to verify your mobile phone number with a verification code during the registration process.

You must immediately notify us if there are any changes to the contact or credit card information you provided so that we can continue to send you confirmation and keep you updated.

We will use this information, among other things, to determine your eligibility for Evolve membership and the Evolve Program, to manage your Evolve membership and member account, to provide the Evolve Program to you, and to bill you for charges related to your use of the Evolve Program described in our Rate Schedule. For more details on how we use your personal information, please see the "Protecting Your Privacy" section below.

Eligibility Criteria

You must meet and maintain at all times the following eligibility criteria to become and remain an Evolve member and to use the Evolve Devices and you hereby represent and warrant to us that:

• you are the legal holder of and named on the credit card used to register for your participation in the Evolve Program, to which charges may be made in accordance with the terms of this Agreement;
• you are at least 18 years of age;
• you are experienced and familiar with the safe and competent operation of the Evolve Devices, and you are physically and mentally fit to ride the Evolve Devices;
• you are familiar with all applicable laws, regulations, rules, and codes, including but not limited to the requirements set forth in this Agreement, that relate to the safe and legal operation of Evolve Devices;
• you will only operate the Evolve Device where and when it is safe to do so;
• you will not permit any other person to ride the Evolve Device;
• you will not permit any other person to ride using your Evolve account; and
• you will wear a helmet at all times that you are making use of an Evolve Device and make sure the helmet fits your head, whether or not the Evolve Device is in motion.

Conditions for Use

In order to use the Evolve Program, you acknowledge and agree with the following important conditions:

• you acknowledge that that the Evolve Devices are motorized and as such are generally faster and heavier than a non-powered bicycle or scooter and as such, they require additional care and attention to operate;
• you acknowledge that you are solely responsible for all damage to property or other persons arising out of or related to your operation or possession of an Evolve Device, including but not limited to being liable for property damage, personal injury, injury to others, damages, penalties, fines, losses, and expenses of any kind whatsoever;
• you acknowledge that riding an Evolve Device puts you and others at a risk of accident;
• you agree that when operating the Evolve Device you will at all times remain aware and exercise due caution with respect to motorists, pedestrians, and road and weather conditions and that you will only operate the Evolve Device when it is safe to do so and where it is permitted by law;
• by using the Evolve Program you acknowledge that you are physically capable and have all necessary skill and training to safely operate an Evolve Device;
• you acknowledge that we are not responsible for training you on how to operate an Evolve Device;
• you acknowledge that your failure to use a helmet or to use the Evolve Device in a safe and responsible manner may result in your injury or death and the injury or death of others and that you accept full responsibility for such injury or death;
• while we may provide helmets for your convenience, you acknowledge that you alone are responsible for obtaining and using a helmet in accordance with applicable law and wearing proper clothing and shoes when operating an Evolve Device;
• you acknowledge that helmets and other safety equipment reduce the risk of injury and death but do not eliminate it entirely;
• you understand that all Evolve Devices, helmets and other Evolve equipment are and will remain our exclusive property;
• you acknowledge that you are solely responsible for all tickets and fines that you may incur when using the Evolve Device, including but not limited to any fees for moving violations, parking the Evolve Device in prohibited locations or for riding without wearing a helmet;
• you acknowledge that we do not provide insurance of any kind regarding your use of the Evolve Device and are not obligated to do so;
• you acknowledge that you are solely responsible for all damage to property or other persons arising out of or related to your operation or possession of an Evolve Device, including but not limited to being liable for property damage, personal injury, injury to others, damages, penalties, fines, losses, and expenses of any kind whatsoever
• you agree that you will always return the Evolve Device to us in the same condition it was in when you picked it up;
• you acknowledge that you are solely responsible for any and all damages resulting from your improper use of the Evolve Device, including loss and theft; and
• you acknowledge that additional instructions, warnings and terms of use (“Signs”) may be posted at designated parking zones (“Evolve Parking Zone") or otherwise be made known to you from time to time and that you are subject to the terms posted on such Signs and that such Signs form an essential part of this Member Agreement.

Membership Approval

You understand that you will not automatically become or remain an Evolve member merely because you satisfy the Evolve eligibility criteria and that we may or may not approve you as an Evolve member, and we may terminate your membership at any time, in our sole discretion, without any obligation to provide any reason or justification.

Evolve Membership

• Becoming an Evolve member does not grant you unlimited rights to participate in the Evolve Program.
• You may use Evolve Devices and other membership services or features only in accordance with the most current version of this Agreement, and subject to availability and subject to any other limitations or requirements.
• We may make additional types or classes of Evolve membership available in the future and may inform you if we do so.
• Once we have approved you as an Evolve member, your membership is for an indefinite term, unless it is terminated in accordance with this Agreement or cancelled in accordance with your statutory rights.
• You are not permitted to create or maintain more than one Evolve account, for any reason.
• If, for any reason, your Evolve membership was declined (for example because you do not meet the eligibility criteria) or terminated, you are not permitted to reapply by setting up a new Evolve account.
• Your Evolve membership is personal to you and only for your benefit.
• Your Evolve membership cannot be transferred to or shared with any other person. No other person may claim rights under this Agreement other than your successors.
• Moreover, you cannot transfer or assign any or all of your rights under this Agreement.

Your Evolve Account

• You can use the user app to access many of the Evolve features or services through your smartphone, including accessing your Evolve account, locating and reserving Evolve Devices, and contacting the Call Centre at 1-844-EVO-2-EVO or 1-844-386-2386.
• You will be required to provide an email address as your username and a unique password (in addition to the other required registration information).
• You must keep your password strictly confidential at all times, must not make it available to others and must not allow others to use your username and password to access the user app or Evolve website through your account.
• You agree to access only the authorized sections of the user app, the Evo website and your Evolve account only by using your username and password.
• You agree to take all necessary steps to prevent others from obtaining your username or password and to notify us of any unauthorized access of your Evolve account, the user app, or the Evolve website.
• You will be responsible to pay for all associated costs or damages arising from others using your Evolve account, whether through the user app, the Evolve website, or otherwise, with or without your permission or knowledge, occurring before you notify us of such unauthorized use.
• You also agree that you do not acquire any rights of use or ownership as a result of using your Evolve account, the user app, the Evolve website or any services, features or other parts of the Evolve Program.
• The Evolve Program incorporates proprietary content and information and material that is protected by intellectual property and other laws, and you will not use such content, information or material in any way whatsoever except for as may be permitted by us in connection with your use of the Evolve Program.

Changes in Status

At any time during your Evolve membership, you must immediately let us know if any of the events listed below occur. It does not matter whether these events occur in British Columbia or anywhere else in the world or whether they occur in relation to your use of an Evolve Device or otherwise:

• if your contact information, including your email address and mobile phone number, changes; or
• if your credit card information changes.

If you do not immediately tell us about any of the above your Evolve membership may be suspended or terminated without notice.

Charges

You will be required to pay certain charges related to your use of an Evolve Device, replacement costs, administration, account processing or other activities that may arise in connection with your Evolve membership, including, but not limited to, the following:

• the unlock fee;
• returned or rejected payments;
• collection efforts due to non-payment;
• processing of traffic violations, parking violations, relocation costs;
• failure to return Evolve Devices to an Evolve Parking Zone and any cost of relocation associated with such failure;
• failure to return Evolve Devices within the maximum use time;
• damage, lost or stolen Evolve Devices, helmets or other Evolve equipment;
• failure to secure Evolve Devices;
• unauthorized parking;
• loss of use of Evolve Devices;
• impound processing fee; and
• excess cleaning and maintenance.

We may amend, replace or supplement these charges at any time.

Our Rate Schedule

A list of our current fees, rates and other charges are set out in our attached Rate Schedule. It is also available online at www.evo.ca/evolve. We will do our best to notify you of any new fees, charges or rates or any increases to our fees, charges or rates, however we are not required to notify you (see the "How this Agreement may be Amended" section above), and such changes are incorporated into this Agreement by reference.

Payment

• We will charge all fees and charges that you have incurred as an Evolve member or in using the Evolve Program to the credit card you have provided to us.
• You must ensure that the credit card information associated with your Evolve account is always up to date and that there are sufficient funds available to cover any amount you owe to us.
• Fees and charges incurred by you are not refundable except where required by law.
• You are solely responsible for all credit card, banking, service, cellular, data or access fees or charges you incur in relation to any payment to us, insufficient funds or your use of any of the services, features or other parts of the Evolve Program.
• When reserving an Evolve Device, you authorize us to place a pre-authorization hold in the amount of $5 to the method of payment held on file. The trip will be able to start only after payment pre-authorization by us and booking confirmation. Once the trip is completed or terminated, we will bill the amount due for the trip and release any amounts remaining from the pre-authorization hold, if applicable.

Third Party Payment Processor

We use a third party company to process payments (the “Payment Processor”). In collecting payment, the Payment Processor will process your credit card transactions and collect your personal information. The Payment Processor provides some or all of the services from systems located outside of Canada. As such, your credit card data (“Card Data”) and personal information will be transferred, processed and stored outside of Canada, and may be subject to disclosure as required by applicable law. The Payment Processor may provide us with information such as your name, and Card Data including but not limited to credit card type, expiration date, and the last four digits of your credit card number. This information will only be used to make single payment requests or register you for an ongoing membership plan requiring future automatic payments.

If you object to your personal information being processed and stored in this manner, you cannot use the Evolve Program. By registering for the Evolve Program pursuant to this Agreement and providing valid payment information, you expressly consent to our use and disclosure of your personal information in the manner described in this Agreement.

Viewing your Account History

At present, you can access the following information through your Evolve account:

• your account status;
• your rental history;
• your personal profile details;
• your credit card details;
• your account balance, if applicable; and
• the trip fees and charges that you have incurred.

You understand and agree that we have no duty to provide you with rental, billing, payment or other account information or reminders in any other way and that you are responsible for checking, managing and updating your Evolve account, rental, billing and payment information.

Protecting Your Privacy

• We will collect, use and disclose your personal information only in accordance with our Privacy Policy, which is available below and forms an essential part of this Agreement.
• Calls to our Call Centre may be recorded.

Parking Policies and Procedures

• Certain general parking rules are set forth in Schedule B below, but please refer to the parking-related FAQs at http://www.evo.ca/evolve and any additional parking instructions posted at an Evolve Parking Zone or otherwise made known to you, all of which are incorporated into and form a part of this Agreement, for further information and details.
• The list of parking rules set forth in Schedule B is not exhaustive and there are additional rules included in the Parking FAQs and parking instructions that may be posted at an Evolve Parking Zone that are not set forth herein.

Beginning Your Trip

Starting Your Rental Period and Unlocking Your Evolve Device

You can rent any available Evolve Device without prior reservation. Available Evolve Devices in your vicinity can be located through the user app.

Once you have located an available Evolve Device, you unlock the Evolve Device and begin your Rental Period (as such term is defined under “Maximum Rental Period” below) by scanning the QR code or entering the Evolve Device’s ID number in your user app.

Pre-Trip Check

• Before operating an Evolve Device, you must familiarize yourself with the Evolve Device, this Agreement, the Trip Process and Parking Rules and any signs that have been posted at an Evolve Parking Zone or otherwise be made known to you.
• You must complete and abide by the pre-trip checklist, if available to you, within the user app prior to starting your trip.
• If you are using an Evolve E-Bike, you must adjust the seat so that you may safely operate the Evolve E-Bike.
• Before operating an Evolve Device you must also carefully inspect the Evolve Device for any defects, damages, soiling, and any missing, incomplete, defective or inoperative equipment or documentation. In the following, we will refer to any of these issues as “Evolve Device Damage”.
• You must test the Evolve Device’s operating components before operating the Evolve Device, including, but not limited to the brakes, tires, gears, pedals, lights, frame and saddle , as applicable.
• If you discover any Evolve Device Damage, you must let us know immediately by contacting our Call Centre or reporting damage using the damage report function in the user app.
• The Call Centre will inform you whether any of Evolve Device Damage you have reported will prevent you from using the Evolve Device or will let you know what additional steps you may have to take to properly address the issue.
• If the Call Centre determines that an Evolve Device can no longer be used, they will assist you in making alternate arrangements.

Failure to Report

You understand and agree that if you do not completely and accurately report to us any Evolve Device Damage already existing at the beginning of your Rental Period, that damage will be deemed to have occurred during your Rental Period and you must pay us for that damage unless it is established to our satisfaction that Evolve Device Damage could not have occurred during your Rental Period.

Using an Evolve Device

Your Duties When Operating an Evolve Device

You must use the Evolve Device and its equipment in accordance with all applicable traffic laws, the terms of this Agreement, and the Trip Process and Parking Rules.

Your duties include:

• making sure the cable lock, if provided, is stored in its proper location during Evolve Device use, and is used to lock the Evolve Device whenever the Evolve Device is not in use, including when parked or returned;
• only operating and an Evolve Device when you are physically capable of doing so, including but not limited to such times as you are able to hold the Evolve Device in an upright position, comfortably and capably maneuver the Evolve Device while walking or operating the Evolve Device, or comfortably and confidently stabilize the Evolve Device during operation and while stopped;
• operating Evolve Devices safely and with care and as permitted by local weather and environmental conditions;
• securing Evolve Devices against theft, vandalism or improper use by others using the supplied cable lock, if provided;
• keeping Evolve Devices clean and tidy by removing your personal belongings from the storage basket before you leave the Evolve Device;
• always wearing a properly fitting helmet when you are making use of the Evolve Device, whether or not the Evolve Device is in motion;
• immediately notifying us, ceasing operation and returning the Evolve Device if it is not functioning properly; and,
• immediately notifying us and appropriate law enforcement if the Evolve Device has been stolen.

Some of the things you are NOT permitted to do include:

• operate an Evolve Device if you are not authorized or qualified by law to do so, including but not limited to without wearing a helmet;
• operate an Evolve Device while under the influence of alcohol, drug, medicine, or any other intoxicating substance;
• making use of any cell phone or electronic device, including but not limited to, for the purposes of phone calls, text messages, social media, video, music or any other use that bears any potential of distracting you from the safe operation of the Evolve Device;
• use an Evolve Device if you are aware that it is not functioning properly or if you reasonably suspect that the Evolve Device is damaged or is otherwise in need ‎of repair;‎
• use an Evolve Device to transport flammable, poisonous or other hazardous or dangerous goods;
• use an Evolve Device during dangerous weather conditions, including but not limited to hail, snow, icy surfaces, fog, smoke, extreme heat, heavy rains, or lightning storms;
• overfill the Evolve E-Bike basket or transport objects with the Evolve Device that could (due to their size, shape or weight) adversely impact the Evolve Device's operation or that could damage the Evolve Device;
• use an Evolve Device for any illegal activity, for an illicit or prohibited trade or transportation, to escape or avoid arrest or other similar police action;
• use any Evolve Device for any commercial purpose;
• use of an Evolve Device for any kind of racing, trick riding, jumping, stunt riding and/or, off-road riding;
• allow any other person to use or ride the Evolve Device;
• use any Evolve Device if you have any existing physical or mental condition that would prevent you from safely operating the Evolve Device;
• tow, pull, carry, or push any person or object with an Evolve Device;
• carry any animals while operating the Evolve Device, including in the an Evolve E-Bike basket or in a self-provided carrier;
• remove or add any equipment, accessories, or parts from or to an Evolve Device;
• ride the Evolve Device without paying any fee or charge at the time such fee or charge becomes due and payable by you in accordance with the terms and conditions hereof;
• use an Evolve Device in a manner that violates any applicable laws; or
• use an Evolve Device in any manner that we consider dangerous, careless, improper, abusive or otherwise inappropriate, or as a means of committing any act of violence.

You are personally responsible for all costs associated with returning the Evolve Device to an Evolve Parking Zone, including, but not limited to, costs associated with Evolve Device repair, accidents or collisions and relocation services.

Maximum Rental Period

The maximum permitted Rental Period is 24 hours per day. You must end your trip within this maximum ‎time frame, otherwise the vehicle will be considered lost or stolen and you may be charged the ‎fee in accordance with Section (“Lost, Stolen, or Damaged Evolve Device”)‎. When used in this Agreement, the term “Rental Period” shall refer to the period of time commencing when an Evolve Device is picked up and ending when the Evolve Device is returned in accordance with the terms and conditions hereof.

Making a Stopover

• You can pause your trip at any time without ending your Rental Period.
• While your trip is paused, you will continue to accrue usage fees at the standard per minute rate.
• To do so, use the user app and follow instructions to pause your trip.
• Before temporarily leaving the Evolve Device, please make sure that the Evolve Device is safely and legally parked and secured using the provided cable lock if provided.
• You will be responsible to pay for any damage to the Evolve Devices, helmets or other equipment that is incurred as a result of your failure to properly lock and secure the Evolve Device during a stopover, including as a result of another person entering the Evolve Device while it’s unlocked or otherwise unsecure.
• If you end your Rental Period, another Evolve member may rent the Evolve Device or the Evolve Device may be placed out of service in the meantime in which case you will no longer be able to use it.
• Ending your Rental Period in lieu of a stopover can cause you to be subjected to parking, re-parking or other fines if the Rental Period is ended while the Evolve Device is parked in a spot that is unauthorized or a spot in which parking is only permitted for a limited time period, as you may not have the ability to move the Evolve Device after the end of your Rental Period.
• Upon returning to the Evolve Device, use the user app to resume your trip.

You are Responsible for Traffic Violations and related Fines and Charges.

As further described below, the following will apply as it pertains to traffic violations and related fines and charges:

• You are solely responsible for the consequences of traffic offences and violations, criminal activities and parking violations (including on privately operated parking facilities) that occur in connection with your rental of an Evolve Device and you must pay all penalties, fines, relocation costs and other charges arising from these offences, activities or violations.
• When we are required to pay penalties, fines, relocation costs or other charges on your behalf, you agree to promptly reimburse us for the full amount of these penalties, fines, costs or charges plus any additional administrative processing fees as stated in the Rate Schedule.
• You agree that we may release your name and other relevant information to any governmental agency or court in relation to these offences, activities, violations, penalties, fines or charges.
• To the extent permitted by law, we may elect, in our sole discretion, to settle any claims related to the offences, activities or violations referred to above on your behalf, or to transfer any legal process, responsibility or liability related to such claims to you.

Emergency Assistance and Accidents

• You must immediately report accidents, breakdowns, defects or damages involving your rented Evolve Device or its equipment to the Call Centre.
• You must provide us with an accurate description of events as well as all necessary information.
• You must follow the instructions provided to you by the Call Centre personnel.
• Unless explicitly authorized by an Evolve representative, in no circumstances are you permitted to repair, attempt to repair, or authorize any other individual to repair or attempt to repair, a damaged Evolve Device or otherwise alter an Evolve Device in any way, including, for example, by changing a flat tire.
• If the police attend to the scene of an accident involving your rented Evolve Device, you must remain at the accident site until the police have finished making a record of the accident and must take reasonable measures to conserve evidence and mitigate any damages.
• After an accident, you may only continue your trip with our explicit permission.
• Unless the Evolve Device involved in the accident is relocated, you may only park it in an area that is sufficiently supervised and safe.
• We may e-mail you an incident report form in the event of an accident, injury or other incident. You must promptly fill out the incident report form and send the completed incident report form to us by mail or e-mail.

Cleaning and Maintenance

The following will apply as it pertains to cleaning and maintenance related charges and fees:

• If you leave an Evolve Device dirty or messy you will have to pay for any required cleaning or detailing in accordance with the Rate Schedule.
• Since we generally rely on our Evolve members to keep Evolve Devices clean, we cannot promise that each Evolve Device will be clean and tidy and we do not take any responsibility in relation to any objects left in an Evolve Device by a previous user.
• Unless explicitly authorized by an Evolve representative, in no circumstances are you permitted to repair, attempt to repair, or authorize any other individual to repair or attempt to repair, a damaged Evolve Device or otherwise alter an Evolve Device in any way, including, for example, by changing a flat tire.

Traffic or Parking Violation Fines

You are responsible for paying all fees and fines incurred by ‎you while riding an Evolve Device that may be imposed by any agencies If we are required to ‎pay any fees and fines on your behalf, we will charge the total amount of the fee or fine to you ‎plus an administration fee in accordance with our then current Rate Schedule.‎

Ending Your Trip

Ending Your Trip and Returning your Evolve Device

When you wish to end your trip and return your rented Evolve Device, you must:

• park the Evolve Device lawfully and safely and at all times in accordance with our “Trip Process and Parking Rules” which are attached below as Schedule B and any additional requirements posted at an Evolve Parking Zone or otherwise made known to you (collectively, the “Parking Rules”);
• ensure that the Evolve Device is locked in accordance with the Parking Rules;
• ensure that the Evolve Device is returned in its original condition, except for ordinary wear and tear due to reasonable use; and,
• engage the cable lock, if provided, and end your trip in the user app.

You are responsible for ensuring the above conditions are satisfied and the Evolve Device is locked and secure at the end of your Rental Period. If any of the above conditions is not met, the Rental Period will not end, and you will be charged fees in accordance with the Rate Schedule until the Rental Period is ended successfully. In addition, if you leave the Evolve Device unlocked and unattended, you may be subjected to unsecured Evolve Device fees in accordance with the Rate Schedule.

You will be responsible to pay for any damage to our Evolve Devices or equipment as a result of another person using the Evolve Device while it’s unlocked or otherwise unsecure.

If you have any difficulties with ending your Rental Period, please call the Call Centre at 1-844-EVO-2-EVO or 1-844-386-2386 for assistance.

No Returns Outside the Evolve Parking Zones

You will not be able to return an Evolve Device or end your Rental Period outside of an Evolve Parking Zone.

If you do not return the Evolve Device to an Evolve Parking Zone and end your Rental Period as described in this Agreement, we will consider the Evolve Device to have been stolen and you will be responsible for payment of additional charges as described in the Rate Schedule and may also be subject to additional liability or criminal charges.

Relocation of Evolve Device

You are required to read and understand the Parking Rules. If you end your trip by parking the Evolve Device in an unacceptable location you will be charged with all costs associated with the effort to relocate or move the Evolve Device on your behalf, any fees or fines imposed by local governments or authorities, and an ‎additional administration fee in accordance with our then current Rate Schedule.

Right of Evolve to Stop Trip and Retrieve Evolve Device at Any Time

We maintain the right to remotely end a trip and/or retrieve an Evolve Device at any time in our sole discretion, including, without limitation, if we have reason to believe you are not fit to operate the Evolve Device or are involved in any illicit activity, your payments are not processing, or we are unable to contact you.

In such circumstances, you shall be responsible for all fees and costs incurred up until, and as a result of, the termination of such trip and for any costs incurred to return the Evolve Device to an Evolve Parking Zone.

Lost, Stolen or Damaged Evolve Device

You are expected to return your Evolve Device in the same ‎condition in which you received it. If you intentionally or unintentionally cause damage or fail to ‎return the vehicle, you will be responsible for all costs associated with the loss or repair of the ‎vehicle. The maximum cost of repair or replacements of an Evolve Device is set out in our then current Rate Schedule. The same ‎charge will apply to you if you have not returned the vehicle within 24 hours of the rental start ‎time, as which time we consider that the Evolve Device has been lost or stolen.‎

Disclaimer of Warranties

No Warranties

While we inspect the mechanical condition of our Evolve Devices regularly for safety purposes, you understand that we do not routinely inspect Evolve Devices after a rental has been completed and that our Evolve Devices are parked in public places.

You are required to inspect each Evolve Device before commencing a trip (see the “Pre-Trip Check” section above.)

To the maximum extent permitted by law:

• we do not guarantee or warrant to you, the performance, availability, reliability, quality, uninterrupted use, security, fitness for any use or purpose, pricing or operation of any aspect of your Evolve membership or the Evolve Program or the condition, safety or fitness of the Evolve Devices;
• we also do not make any express or implied representation, warranty or condition, (including warranties or conditions of title or non-infringement, merchantable quality or fitness for a particular purpose) in respect of any aspect of your Evolve membership or the Evolve Program;
• no advice or information, whether oral or written, obtained by you from any of the BCAA parties creates a term, condition, representation or warranty if it is not expressly stated in this Agreement; and,
• all representations, warranties and conditions of any kind, express or implied are excluded.

Service Limitations

We may at any time suspend the availability of Evolve Devices due to adverse weather conditions, or other factors.

We may also be required to suspend the rental of Evolve Devices by order of the city or jurisdiction in which the Evolve Program operates.

Your Responsibility to Pay for Losses and Damages

Evolve Device Damage, Loss or Theft during your Rental Period

As an Evolve Device user, you are responsible to compensate us for any Evolve Device Damage and lost, stolen or damaged equipment in connection with your rental of an Evolve Device (whether caused by you, or otherwise, including, for greater certainty, as a result of the failure to properly park, lock or otherwise secure an Evolve Device during any stopover or at the end of a trip) as we may determine in our sole discretion. This includes any damage or loss caused by accidents, vandalism, soiling, improper use of the Evolve Device or your non-compliance with the terms of this Agreement. You are responsible for our costs in temporarily replacing the damaged Evolve Device or equipment during repairs or cleaning.

To the extent you are determined to be at fault by us, an insurer, or a court of law in British Columbia, you are responsible for any losses or damages suffered by third parties (including, without limitation, losses resulting from the injury or death of another person and damage to real or personal property, such as another motor e-bike or e-scooter) arising from or in connection with your use or operation of an Evolve Device.

In the event you are determined to be at fault for any loss or damage suffered by a third party, you will be responsible for payment of any insurance deductible and any other fees required by us or any of our insurers to process their insurance claim, in accordance with the terms of this Agreement.

If you receive any payment or compensation from another person (including your own insurance provider) in connection with any damage, loss or theft of an Evolve Device or equipment (including any Evolve Card), you must pay such funds to us.

We will apply your payment to reduce any amount you owe us in connection with the damaged, lost or stolen Evolve Device or equipment.

Helmet Usage

You expressly acknowledge that applicable laws and ordinances require you to wear an appropriate protective helmet designed for riding e-bikes or e-scooter, as applicable. You are solely responsible for yourself and for wearing a helmet to comply with the law. For convenience, an Evolve helmet (“Helmet”) is attached to each Evolve Device or in the case of e-cargo bikes, is stored in a locker at the dispatch and return location. Helmets are only provided for use during a Rental Period and must be returned at the same time that a trip is concluded. If you do not return a Helmet, we may charge you a replacement fee in accordance with our then current Rate Schedule. Regardless of whether an Evolve Helmet is attached to an Evolve Device or made available in a designated locker before rental, failure to wear a helmet while riding an Evolve Device may result in fines, tickets, citations, or loss of ridership privileges.

Release and Limitation of Liability

IN ADDITION TO ANY OTHER LIMITATION LISTED ELSEWHERE IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN CONSIDERATION OF RENTAL AND USE OF THE EVOLVE DEVICE WE WILL NOT BE LIABLE TO ‎YOU OR ANY OTHER PERSON FOR, AND YOU HEREBY RELEASE US AND OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, SUPPLIERS, BUSINESS PARTNERS, MUNICIPAL PARTNERS, AGENTS AND REPRESENTATIVES (THE “EVOLVE PARTIES”) FROM:‎

• ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY ‎DAMAGES DIRECTLY OR INDIRECTLY ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT, ‎YOUR EVOLVE MEMBERSHIP, THE EVOLVE DEVICE SHARING PROGRAM OR ANY OF ITS FEATURES, SERVICES ‎OR ANY OTHER PART OF IT (INCLUDING EVOLVE DEVICES, YOUR MEMBER ACCOUNT, THE ‎EVOLVE WEBSITE, THE USER APP, AND OUR CALL CENTRE), AND ANY DAMAGES FOR LOSS OF PROFIT OR REVENUE, ‎FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITIES, BREACH OF PRIVACY OR SECURITY, PROPERTY ‎DAMAGE, PERSONAL INJURY, OR ANY OTHER FORESEEABLE OR UNFORESEEABLE LOSS, NO MATTER ‎HOW IT WAS CAUSED, EVEN IF WE WERE NEGLIGENT OR WERE ADVISED OF THE POSSIBILITY OF ‎SUCH DAMAGES;‎
• THE PERFORMANCE, AVAILABILITY, RELIABILITY, OPERATION, QUALITY, OR PRICING OF ANY PART OF THE ‎ EVOLVE PROGRAM;‎
• THE CONDITION, SAFETY OR FITNESS FOR USE OF OUR EVOLVE DEVICES;‎
• ANY ERROR OR OMISSION IN THE OPERATION OR MANAGEMENT OF ANY PART OF THE EVOLVE PROGRAM;‎
• ANY LOST, STOLEN, DAMAGED, OR EXPIRED IDENTIFIERS, PASSWORDS, CODES, BENEFITS, DISCOUNTS, REBATES, CREDITS OR PROMOTIONS; OR
• THE DENIAL, RESTRICTION, SUSPENSION, DISRUPTION OR INACCESSIBILITY OF YOUR EVOVLE MEMBERSHIP ‎OR YOUR PARTICIPATION IN ANY PART OF THE EVOLVE PROGRAM.‎

IF WE OR THE EVOLVE PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF YOUR USE OF OUR EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE EVOLVE DEVICES, THE USER APP, OR OUR WEBSITE, SUCH LIABILITY SHALL NOT EXCEED $500.00.

No Warranties; Assumption of Risk.

WHILE WE INSPECT THE MECHANICAL CONDITION OF OUR EVOLVE DEVICES REGULARLY FOR SAFETY ‎PURPOSES, YOU UNDERSTAND THAT WE DO NOT ROUTINELY INSPECT EVOLVE DEVICES AFTER A RENTAL HAS ‎BEEN COMPLETED AND THAT OUR EVOLVE DEVICES ARE PARKED IN PUBLIC PLACES. ACCORDINGLY, FOR ‎YOUR SAFETY, YOU ARE REQUIRED TO INSPECT EACH EVOLVE DEVICE BEFORE ‎COMMENCING A TRIP.‎ BY USING AN EVOLVE DEVICE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE EVOLVE DEVICE IS ENTIRELY AT YOUR OWN RISK AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW:‎

• YOU ASSUME ALL RISK RELATING TO THE USE OF THE EVOLVE DEVICE AND THE EVOLVE DEVICE SHARING SERVICE AND UNDERSTAND THAT RIDING AN EVOLVE DEVICE INVOLVES RISK TO YOU AND OTHERS INCLUDING DAMAGES, BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO YOU OR OTHERS;
• WE DO NOT GUARANTEE OR WARRANT TO YOU, THE PERFORMANCE, AVAILABILITY, ‎RELIABILITY, QUALITY, UNINTERRUPTED USE, SECURITY, FITNESS FOR ANY USE ‎OR PURPOSE, PRICING OR OPERATION OF ANY ASPECT OF YOUR EVOLVE ‎MEMBERSHIP OR THE EVOLVE PROGRAM OR THE CONDITION, ‎SAFETY OR FITNESS OF OUR EVOLVE DEVICES AND THAT ALL EVOLVE DEVICES AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS;‎
• WE ALSO DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATION, ‎WARRANTY OR CONDITION, (INCLUDING WARRANTIES OR CONDITIONS OF TITLE ‎OR NON-INFRINGEMENT, MERCHANTABLE QUALITY OR FITNESS FOR A ‎PARTICULAR PURPOSE) IN RESPECT OF ANY ASPECT OF YOUR EVOLVE ‎MEMBERSHIP OR THE EVOLVE PROGRAM;‎
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ‎FROM ANY OF THE EVOLVE PARTIES CREATES A TERM, CONDITION, ‎REPRESENTATION OR WARRANTY IF IT IS NOT EXPRESSLY STATED IN THIS ‎AGREEMENT; AND
• ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS ‎OR IMPLIED ARE EXCLUDED.‎

IN NO EVENT WILL YOU CLAIM THAT WE, OR ANY OF THE EVOLVE PARTIES INDIVIDUALLY OR COLLECTIVELY, FAILED TO ADEQUATELY TRAIN YOU, OR PROVIDE YOU WITH ADEQUATE INSTRUCTIONS NECESSARY TO RIDE THE EVOLVE DEVICES IN A SAFE AND CAREFUL MANNER.

Indemnification

To the maximum extent permitted by law, you agree to, at your sole cost, defend, indemnify, and hold harmless B.C.A.A. Holdings Ltd, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers, and advisors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with: (i) a breach by you, or any user of your account, of any applicable obligation, representation, or warranty under this Agreement; (ii) your access to or use of, or activities in connection with, the Evolve Program; (iii) your violation of any applicable laws, rules, regulations, or contracts; or (iv) any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.

When Your Evolve Membership may be Suspended or Terminated

Program Access Through Evo Membership

Your Evo Program membership may grant you access to the Evolve Program within certain regions, at our discretion from time to time and always subject to the terms and conditions of this Agreement and the Evo Member Agreement. By making use of any Evolve Devices under your Evo Program membership, you expressly represent that you meet the eligibility criteria for the Evolve Program and agree to be bound by all of the terms and conditions of this Agreement.

We may Suspend or Terminate your Evolve Membership at Any Time

We may immediately suspend or terminate this Agreement, your Evolve membership, your participation in the Evolve Program or your ability to use any part of the program (including the rental or use of Evolve Devices) at any time in our sole discretion for any reason whatsoever, including but not limited to the following circumstances:

• if you do not comply with any term of this Agreement or any other documentation;
• if you are found fully or partially responsible for an accident;
• if you do not inform us about an accident;
• if you do not inform us of any of the events described in the “Changes in Status” section above;
• if you no longer have an active email address or mobile phone number;
• if we experience any problems with your credit card or any other payment method or if you do not pay any amount owed to us when due; and
• if we have reason to believe (in our sole discretion) that you may be, or have been, involved in any criminal or otherwise improper activity, including, but not limited to, fraud in relation to the creation or use of Evolve accounts and using an Evolve Device in furtherance of any illicit activity.

If we decide to terminate this Agreement and your Evolve membership, we may send you a notification email to the email address you have provided to us.

You may also cancel this Agreement and your Evolve membership at any time. We require that you confirm your cancellation in writing.

What Happens When your Evolve Membership is Suspended or Terminated

• When your Evolve membership, your access to the Evolve Program, or this Agreement is suspended or terminated, you will no longer be able to access any of our Evolve Devices. We will also de-activate other features or functions of the user app or your Evolve account as we consider appropriate.
• In case of a suspension, we may re-instate your Evolve membership or your access to the Evolve Program as we consider appropriate or if we are satisfied that the reason for the suspension no longer exists.
• You will be responsible for obtaining and providing to us any information that we may consider necessary or useful to determine whether the reason for a suspension has disappeared.

Some of Your Duties Continue After Suspension or Termination

Even if this Agreement and your Evolve membership have been suspended or terminated (regardless of the reason therefor), you must still pay for any amount you owe for fees and other charges, damages and indemnification under the terms of this Agreement and any other applicable Documents.

Supplemental Terms – Evolve E-Cargo Bikes

In addition to the Evolve Member Agreement, these Supplemental Terms also applies to users of Evolve e-cargo bikes (“E-Cargo Bike(s)”) which are available to the public free of charge and can be booked in the user app or at participating library locations. E-cargo bikes offered at participating multi-use residential buildings are only available to residents of the building. Terms used but not defined in these Supplemental Terms have the meanings given to them in the Evolve Member Agreement. To the extent there are any inconsistencies between the Supplemental Terms and the Evolve Member Agreement, these Supplemental Terms shall govern with respect to Evolve E-Cargo Bikes.

Beginning Your Trip

Starting Your Rental Period and Unlocking Your E-Cargo Bike

For E-Cargo Bikes offered at participating library locations, you may reserve a E-Cargo Bike through the user app. To begin your Rental Period, you will need to check-in with a library reception staff at participating library locations. The library reception staff will request to review your user app account page to validate that you are an Evolve member. Library reception staff will provide keys to and instructions on where to locate the E-Cargo Bike and helmet locker. You may cancel your reservation in the user app. Cancellations within one (1) hour prior to the start of the Rental Period will incur a cancellation fee. Rental Periods may be extended using the user app, provided that it is within the Maximum Rental Period and there are no other conflicting reservations.

For E-Cargo Bikes offered in multi-use residential buildings, you may reserve a E-Cargo Bike using a physical sign-out sheet available with the building’s property manager. You must be a resident of the participating multi-use residential building in order to reserve E-cargo bikes offered at that participating multi-use residential building. The property manager will request to review your user app account page to validate that you are an Evolve member. The property manager will then program your fob for your building with access to the E-Cargo Bike room for the scheduled Rental Period and provide you with keys to the helmet locker. You may cancel your reservation by removing your name from the physical sign-out sheet. Cancellations within one (1) hour prior to the start of the Rental Period will be reported to the Call Centre. Rental Periods cannot be extended.

Using an E-Cargo Bike

Your Duties When Operating an E-Cargo Bike

Your duties include:

• Returning E-Cargo Bikes to the same location where you picked it up from;
• At the end of your Rental Period, locking the E-Cargo Bike using the bike lock provided;
• Returning keys to the bike lock and helmet locker to the library reception staff or property manager, as applicable;
• If the E-Cargo Bike is from a participating multi-use residential building, replacing the existing battery with a spare battery; and
• Staying within the boundaries set for E-Cargo Bikes in the user app.

Some of the things you are NOT permitted to do include:

• allowing the aggregate maximum rider weight to exceed 240lbs (110kg); and
• allowing the total number of passengers to exceed two (2) children or one (1) adult.

For purposes of these Supplemental Terms, an “adult” means the minimum age required to use Evolve Devices, as set out in the Evolve Member Agreement and a “child” means an individual under the age of 13.

Ending Your Trip

To end your trip and return your rented E-Cargo Bike, you must:

• Return the E-Cargo Bike to the same location where you picked it up from;
• Return the E-Cargo Bike, bike lock, and helmet locker keys to the library reception staff or property manager, as applicable.

Payment

• When reserving an Evolve Device, you authorize us to place a pre-authorization hold in the amount of $5 to the method of payment held on file. The trip will be able to start only after payment pre-authorization by us and booking confirmation. Once the trip is completed or terminated and there are no applicable charges, we will release any amounts remaining from the pre-authorization hold, if applicable.

Charges

You may be required to pay certain charges related to your use of an E-Cargo Bike, including:

• late cancellation fee, in accordance with the Rate Schedule, if reservations are cancelled within one (1) hour of the Rental Period start time; and
• late return fee, in accordance with the Rate Schedule.

7. Accuracy/Correction of Personal Information

Your personal information is kept as accurate, complete and up-to-date as is necessary and reasonably practical for the purposes for which it was collected.

If any of your personal information changes during the course of your Evolve membership, you should let us know.

You may ask to correct the personal information we have in our records by contacting the Evolve privacy officer. We will correct the personal information or annotate your file to indicate that the correction request was made.

8. Security and Safeguarding your Personal Information

We protect your personal information by using safeguards that are appropriate to the sensitivity of the information.

All our employees are responsible for maintaining the confidentiality of the personal information to which they have access. We use comprehensive security controls to protect your personal information against unauthorized access, use, alteration, duplication, destruction or disclosure. While we do use third party contractors to assist us, we use appropriate contractual measures with those third parties to ensure protection of your personal information.

Your personal information may be disclosed to our partners and stored outside of Canada, in which case it may be subject to the laws of the jurisdiction in which it is held.

9. Questions or Complaints

Please direct any questions or complaints regarding our handling of your personal information, or any other questions about this Privacy Policy, to our privacy officer at privacy@evo.ca

10. Changes to our Privacy Policy

We reserve the right to change this Privacy Policy from time to time. The date at the top of the Privacy Policy is the date it was last updated and you are encouraged to review the Privacy Policy from time to time to ensure that you continue to agree to have your personal information collected, used and disclosed in accordance with the current terms.

11. Collection Through Our Website

The terms set out above in this Privacy Policy apply to any collection, use and disclosure of personal information in relation to the Evolve services. In addition to those terms, when you visit the Site, whether or not you are a member, we will collect your internet protocol (IP) address. We also use cookies to identify you as a return visitor and allow you to personalize our website to reflect your preferences and to store personal information that you have voluntarily provided through the website. We may also collect information such as the web browser used to access our website, and other information on a consolidated basis for statistical and survey purposes. Some information may also be used to deliver partner and product information based upon your preferences.

By using the Site you consent to the collection, use and disclosure of your personal information as described in this Privacy Policy.

12. California Residents

If you are a California resident, do not enter your personal information through this site or other electronic means. You may inquire about our services through our Call Centre at 1-844-EVO-2-EVO or 1-844-386-2386.

BCAA does not sell or rent any personal information.

Schedule C

Trip Process and Parking Rules

Parking Policies and Procedures

Certain general parking rules are set forth below, but please refer to the parking-related FAQs at http://www.evo.ca/evolve and any other parking instructions posted at an Evolve Parking Zone or otherwise made known to you (collectively, the "Parking Instructions"), all of which are incorporated into and form a part of this Agreement, for further information and details. The list of parking rules set forth in this Schedule B is not exhaustive and there are additional rules included in the Parking Instructions that are not set forth herein. In the event of a conflict between any of the Parking Instructions and this Schedule B, the Parking Instructions shall govern.

Where can I park when ending my trip?

You can only end your trip in an Evolve Parking Zone and by securing your Evolve Device to a suitable e-bike or e-scooter parking infrastructure using the supplied cable lock, if provided.

Failure to secure your Evolve Device using the supplied cable lock, if provided, and end your trip in an Evolve Parking Zone could result in additional fees and/or fines. For a list of associated fees due to unauthorized parking, please see the Rate Schedule.

Where can I park when making a stopover?

You can park your Evolve Device at any public bike racks or other suitable bike or scooter parking infrastructure as long as it is secured to a bike rack or other suitable bike or scooter parking infrastructure using the supplied cable lock, if provided, for the duration of the stop-over and you have used the stopover function in the user app.

Where can I NOT park?

You must understand applicable local bylaws with regards to suitable e-bike and e-scooter parking where you are operating an Evolve Device. Under no circumstances may you park your Evolve Device where it impedes any foot or vehicle traffic, on private property unless you have express permission from the property owner, or attach your Evolve Device to any unsecured structure.

While you can park outside of an Evolve Parking Zone during a stopover, you can only end your trip in an Evolve Parking Zone. You won’t be able to end your trip unless you’ve parked the Evolve Device in an Evolve Parking Zone identified on, and in accordance with, the user app map and otherwise in accordance with this Agreement.