This agreement is updated July 2021  RIDE RENTAL AGREEMENT IMPORTANT – READ THIS CAREFULLY BEFORE AGREEING TO RENT A RIDE. For the purposes of this Agreement, (a) a “Ride” is any type of recreational equipment, such as a bicycle or other bicycle related services made available through the BookNBike website (the “Site”); (b) the “Rider” is the person renting the Ride and any other equipment using an account created on the Site), and the “Bikeowner” is the owner or authorized agent for the Ride made available for rent via the Site. This Ride rental agreement (“Agreement”) is a binding agreement between Rider and Bikeowner. BookNBike, LLC (“BookNBike”) is a party to this Agreement solely to the extent necessary to facilitate the rental transaction and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement. Bikeowner enters into this Agreement and allows Rider to rent and use the Ride, along with any associated equipment (the “Rental”) only on the condition that Rider accepts all of the terms in this Agreement. By entering into this Agreement to rent and use the Ride, Rider acknowledges that • he or she has read and understood this Agreement; • he or she agrees to be bound by all of the terms of this Agreement; • he or she is knowledgeable with respect to the type of equipment being rented and adjustments required for safe operation and use; and • if Rider is not properly qualified with respect to bicycle, water or winter sports equipment, as applicable, Rider is hereby advised to seek assistance of a qualified technician with proper evaluation, adjustment and tuning of equipment. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE RIDE OR ANY OTHER EQUIPMENT. This Agreement is effective on the date Rider agrees to the terms and conditions as provided herein (“Effective Date”). Rider and Bikeowner agree as follows: 1. RENTAL 1.1 Agreement to Rent. By accepting this Agreement, Bikeowner agrees to rent the Ride to Rider, and Rider agrees to rent the Ride from Bikeowner, on the terms and subjects to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”). 1.2 Condition of Ride. By making the Ride available for rent hereunder, and agreeing to the terms of this Agreement, Bikeowner represents and warrants that (a) he or she is the sole owner of the Ride, or that he or she has full agency or other authority to enter into this Agreement and to rent the Ride to Rider; (b) the Ride has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site, the Ride is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Rider to attain his or expected use of the Ride during the Rental Period, other than adjustments necessary to properly fit the equipment to Rider’s height, weight and skill level. Unless expressly agreed, the Rental does not include additional equipment, such as lights, locks, helmets, car racks or GPS devices. 1.3 Refunds and Cancellations. All Rentals are subject to our Cancellation Policy, which is set forth as Exhibit B below and at {https://help.BookNBike.com/knowledge_base/topics/refund-policy-3}. 1.4 BookNBike Guarantee. BookNBike provides a limited guarantee to Bikeowners for Rentals in Covered Countries (defined below) of up to (a) DKK 5,000 for bicycles, (b) DKK2,000 for surfboards and stand up paddle boards and (c) DKK1,000 for winter sports equipment, subject to requirements set forth on the Site (the “BookNBike Guarantee”) . Bikeowner understands that the BookNBike Guarantee is limited to loss or damage to the Ride during the scheduled Rental period, and does not cover ordinary wear and tear, any repairs paid for by the Rider, or any loss or damage occurring prior to or after conclusion of the scheduled Rental period. “Wear and Tear” includes all cosmetic damage, including scratches and is further defined in Exhibit C below. The BookNBike Guarantee covers only damage that compromises the functionality or safety of the Ride. Furthermore, the guarantee does not cover any other property damage, injuries, loss of use or incidental, special or punitive damages – such damages may only be recovered from a Rider. The BookNBike Guarantee does not cover Rides that are stored outside and unsupervised at night (including any time from 10:00 p.m. to 6:00 a.m.), and Bikeowners are advised to notify all Riders of this exclusion. Furthermore, Bikeowner acknowledges and agrees that the BookNBike Guarantee is only available if accurate and current photographs and description of the Ride have been included with the listing as described in Exhibit D prior to the Rental period, and to the extent such photographs and description are sufficient to establish the make, model, components and condition of the Ride and any accessories (if applicable). All claims under the BookNBike Guarantee must be initiated within twenty-four (24) hours of return of the Ride; late claims will not be honored. Therefore, we strongly encourage all Bikeowners to examine their Rides for safety and functionality as soon as possible following return. No exceptions to the 24-hour rule will be honored. All claims for damage must include photographic evidence of the claimed damage; however, BookNBike reserves the option to require a physical inspection prior to making any payment under the BookNBike Guarantee. Any claim for a stolen Ride must be accompanied by a police report to be valid. For all claims, Bikeowner may be required to provide additional documentation, such as purchase receipts for the Ride and any components, maintenance records, and such other documents as BookNBike may request in its reasonable discretion. If Bikeowner is entitled to coverage under the BookNBike Guarantee for lost or stolen Rides, or where the repair cost would exceed the replacement value of the Ride, BookNBike will make commercially reasonable efforts to provide the Bikeowner with a Ride that is of a similar make, model and year, and with similar components and other aftermarket parts. If the Ride or components are not reasonably available at standard retail prices BookNBike reserves the right to provide a Ride of equal quality and/or value. In order to determine the value of the Ride and/or components in question, BookNBike will use market indicators to determine the fair market value. These values are determined by year, condition, and overall value and may use the following sources: product manufacturers websites, our network of industry partners and bicycle shops, e- commerce websites such as the Bicycle Blue Book, Craigslist, Ebay and other reliable sources to be used at BookNBike’s discretion. BookNBike may use other relevant factors in its reasonable discretion. In the case of damage, the repair cost of the Ride shall be in BookNBike’s reasonable discretion, in consultation with professional repair personnel knowledgeable in the appropriate field, and shall account for any salvage value of the Ride, if applicable. Bikeowner will be entitled to select a preferred repair shop, but any costs in excess of BookNBike’s estimated repair cost shall be Bikeowner’s sole responsibility. “Covered Countries” currently consist of the United States, Canada, Germany, United Kingdom, Ireland, Spain, Italy, Portugal, France, Netherlands, Switzerland, Belgium, Sweden, Denmark, Norway, South Korea, Austria, Japan, New Zealand, Australia, Israel, Croatia, Singapore, Hong Kong, Taiwan, Iceland and Finland. The list of Covered Countries is subject to change from time to time, and this Agreement will be updated to reflect any such changes. The BookNBike Guarantee only provides coverage for Rides rented through the BookNBike platform. No coverage is provided for third party property, personal injuries or other losses, which are the sole responsible of the Rider or the Bikeowner, as applicable. When you file a damage or theft claim, BookNBike determines, in its sole discretion, whether your claim qualifies for coverage under our BookNBike Guarantee. BookNBike’s original determination is considered final, but you may be able to file an appeal of the decision with BookNBike if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process. 1.5 Bikeowner Obligations. If there is damage to a Ride during a Rental, the Bikeowner must notify BookNBike within twenty -four (24) hours of completion of the Rental Period or prior to any subsequent rental, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the Rental. Bikeowner shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc. If Rider does not return a Ride at the conclusion of the Rental Period, and does not agree within twenty-four (24) hours to schedule a new return time, or does not return the Ride at such rescheduled return time, then Bikeowner agrees to file a report with the applicable police department and provide a copy of such report to BookNBike. In filing the report, Bikeowner is required to notify the police department of the BookNBike Guarantee, and that BookNBike may ultimately be subrogated to Bikeowner’s right to recovery of the Ride. Bikeowner must also authorize the police department to discuss and provide any information regarding the case with BookNBike. 2. Rider OBLIGATIONS 2.1 Usage. No other person may drive or otherwise operate the Ride except Rider. Rider is prohibited from carrying any passengers on the Ride at any time (except on cargo bikes and tandems). Rider may not add any kind of seat or modification to allow someone to ride on the rear fender of a rented bicycle, and no one may ride on the handlebars of a rented bicycle at any time. Rider is prohibited from pulling or towing any passenger or object with the Ride at any time (except for bike trailers, when authorized by the Bikeowner). For rentals of winter sports equipment, unless expressly included in the Rental, Rider is responsible for provision of boots, poles, gloves, helmet, goggles and any other necessary equipment. Rider is also responsible for making proper adjustments to the Ride and associated equipment, if any, to match Rider’s height, weight and skill level. Rider is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Rider knowingly and voluntarily waives any claim it may have against Bikeowner and BookNBike with respect to the proper adjustment of bindings, boots, helmets, seat posts and other equipment. Rider must follow all laws, rules and regulations, as well as posted signs and warnings. Rider should always be aware of road and trail conditions, as well as weather and other environmental factors which may affect safe operation of the Ride. Rider is responsible for securing the Ride at all times, including the use of theft prevention devices, where appropriate, and only storing the Ride in an enclosed area at night. Rider is also responsible for any injuries to themselves or other people, or damage to the Ride or any other property during the Rental Period. 2.2 Return. Rider agrees to return the Ride to Bikeowner in the same condition as received, except for ordinary wear and tear and ordinary adjustments meant to fit the Ride to the user’s height, weight and skill level, on the due date and time and at the location specified by Bikeowner at time of rental. Rider understands that there will be additional charges if the Ride is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly rate applicable to the Rental. If Rider fails to return the Ride at the agreed date, time and location, and has not agreed with Bikeowner or BookNBike on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Rider fails to return the Ride at the rescheduled time and place, then (a) BookNBike shall determine that Rider does not intend to return the Ride; (b) BookNBike will charge Rider’s payment method for the full retail value of the Ride, along with any other fees due to BookNBike; (c) BookNBike or Bikeowner may lawfully repossess the Ride; and (d) BookNBike and Bikeowner may exercise any other rights or remedies, and take any other necessary measures, to repossess the Ride and/or collect the full amount owed by Rider hereunder. If Bikeowner fails to appear at the scheduled time and place for return of the Ride, Rider remains responsible for the safe keeping of the Ride. In such event Rider should contact BookNBike to try to arrange alternate means of return of the Ride, which may be through a bike or ski shop or other public facility at BookNBike’s direction. Bikeowner shall be responsible for any fees incurred by BookNBike in connection with such alternate return method, and understands and acknowledges that, if the such fees exceed the amount of the rental fee due Bikeowner, or any other credit amounts in Bikeowner’s account, then the Ride will not be released to Bikeowner until payment arrangement satisfactory to BookNBike have been made. BookNBike shall not be responsible for any delay or loss of use of the Ride due to Bikeowner’s failure to appear as scheduled or to make alternate payment and return arrangements. 2.3 Repossession. Bikeowner may repossess the Ride at any time if: (a) the Ride is used in violation of law; (b) it appears the Ride is abandoned, (c) the Ride is used in violation of any term or condition in this Agreement, (d) Rider made a misrepresentation to Bikeowner or (e) Rider fails to return the Ride when due. Bikeowner is not required to notify Rider in advance of repossession. 2.4 Prohibited Use. Use of the Ride is restricted to the general geographical area agreed upon by Rider and Bikeowner. Rider will not operate Ride outside of this area and will not remove Ride from this area. Rider agrees not to use or permit the Ride to be used for hire or in any location that operation would be illegal or a nuisance to others. Rider will not use or permit the Ride to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Rider liable to Bikeowner for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. Rides may not be stored outside overnight, with or without theft prevention devices. Rides stored outside at night are not covered by the BookNBike Guarantee. Bikeowner may not approve overnight storage, and Riders are advised that any approval or direction by Bikeowner will not relieve Rider of potential liability. 2.5 Damage to Ride. Rider shall pay Bikeowner for all losses and/or damage to the Ride, except for ordinary wear and tear that does not impact the usability of the Ride or significantly impact the resale value of the Ride, regardless of fault (e.g. Rider agrees to pay for the loss or damage even though someone else caused the damage or is at fault) . The determination of whether damage impacts the usability or resale value of the Ride shall be made by BookNBike in its sole discretion. Rider is also responsible for all theft or vandalism losses, even if Rider is not at fault for making the theft or vandalism possible, and regardless of any measures Rider may have taken to secure or protect the Ride, including any instructions or security devices provided by Bikeowner. If the Ride is damaged, Rider agrees to pay the reasonable costs of repair and diminution in value, if any. With respect to surfboards and stand up paddle boards only, the Rider agrees to compensate Bikeowner for damage according to the schedule of repairs set forth on Annex A to this Agreement. If the Ride is damaged beyond reasonable repair (as determined by Bikeowner), Rider shall be responsible for the retail fair market value of the Ride, less any salvage value if applicable. In addition to the above, Rider shall also be responsible for the reasonable down time (“Loss of Use”) if the solution for the case takes more than 10 business days, reasonable administrative fee as determined by Bikeowner or specified by law, plus any towing, pick-up and/or storage charges. Neither BookNBike nor the Rider will provide extra compensation for income lost due to damage or theft. In the event of theft, Rider shall be responsible for paying Loss of Use at the daily rate for each 24 hours Rider delays in paying the total loss. Rider is also responsible for any loss if Rider: (a) abuses the Ride or uses or operates the Ride other than as specified in this Agreement; (b) drives or uses the Ride recklessly; (c) drives or uses the Ride while under the influence of alcohol or a controlled substance; (d) fails to promptly report an accident to the police and Bikeowner; (d) fails to complete an accident report; (e) obtains the Ride through fraud or misrepresentation; or (f) uses the Ride for an illegal purpose. Rider authorizes Bikeowner to collect from a responsible third party any applicable loss and/or damage. In the event Bikeowner obtains a recovery from a third party after Rider has paid Bikeowner for all or part of any loss, Bikeowner will refund to Rider any excess above the amount of the loss plus administrative fees and other collection costs and attorneys’ fees incurred. 2.6 Payment. Rider agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss and/or damage to the Ride. Rider specifically agrees and authorizes BookNBike to apply any charges to the method of payment used by Rider at the time of rental. 2.7 Booking and Payment. Rider authorizes BookNBike to charge the amounts due as a result of the Booking Rental process to Rider’s credit card. Charges for upcoming rentals will be processed at the time of the booking. BookNBike may cause an additional charge authorization to be processed against Rider’s credit card or other payment method as a security deposit, which will be credited back to Rider’s payment method upon satisfactory return of the Ride without damage or delay. BookNBike is also authorized to make additional charges to Rider’s credit card related to late return fees, Rides that are lost or damaged during the Rental Period. 2.8 Repairs. If Rider experiences any malfunctions with the Ride during the Rental period, Rider should immediately notify BookNBike and Bikeowner to obtain authorization for repairs. Rider agrees that he or she will be responsible for any unauthorized repairs or modifications to the Ride. Rider understands that Bikeowner will not reimburse Rider for any authorized repairs without receipts. All repairs needed as a result of the use of the Ride will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Rider. Bikeowner shall be responsible for returning the Ride to its prior state due to adjustments necessary to properly fit the equipment to Rider’s height, weight and skill level. If a malfunction compromises the safety or usability of a Ride during a Rental, the Rider should contact the Bikeowner immediately and arrange for return of the Ride to the Bikeowner. In such an event, the cost for any remaining days of the Rental would be refunded to the Rider. 2.9 Ownership. The Ride, at all times, remains the exclusive property of Bikeowner. Rider is responsible for damage to or loss of Ride. If the Ride is lost, destroyed or damaged beyond repair in the judgment of Bikeowner, Rider agrees to pay Bikeowner the value of Ride. 3. RISK AND LIABILITY TERMS 3.1 Acknowledgement of Risks. Rider understands and acknowledge that the Ride is provided “as is” and without warranties. Rider further understands and acknowledges that bicycling and winter sports are hazardous activities that entail known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Rider understands that such risks cannot be eliminated by Bikeowner without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration). Rider understands that skis and snowboards typically contain boot binding systems that may not release or retain at all times, even where release or retention might prevent or minimize injury, and that certain binding systems are not designed to release at all. Rider acknowledges all the risks of operating a Ride on streets, roads, ski and snowboard trails, ungroomed trails, bike paths, bike lanes, in traffic and any other environment where the Ride might be used, including but not limited to the risks of serious bodily injury or death from falling off the Ride, colliding with other skiers, snowboarders, bicycles, motorcycles, motor vehicles or other objects, hitting potholes, trees, poles or lifts, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, brakes failing, binding failure or other mechanical failure, and hazards relating to terrain and weather conditions. Rider understands that protective gear such as helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident. 3.2 Assumption of Risk. Rider KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF THE RIDE, INCLUDING, WITHOUT LIMITATION ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY WHICH MAY RESULT FROM THE OPERATION OF THE RIDE OR POSSESSION OF THE RIDE EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF Bikeowner, BookNBike, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, Rider FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS RIDE AND Rider AGREES TO HOLD Bikeowner AND BookNBike HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE. 3.3 Waiver and Release. In consideration of Bikeowner renting the Ride, Rider specifically releases and forever discharges Bikeowner, BookNBike, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Rider may suffer while renting this Ride and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Bikeowner, BookNBike, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Rider release Bikeowner and BookNBike and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Bikeowner or BookNBike or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Rider fully recognizes that if injury, illness, death or damage occurs while engaged in renting this Ride or participating in bicycling, winter sports or any other activity associated with the Ride, Rider will have no right to make a claim or file a lawsuit against Bikeowner, BookNBike or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage. 3.4 Indemnification. Rider agrees to indemnify and hold harmless Bikeowner and BookNBike and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney’s fees) arising from, related to, or in any way connected with, or resulting from Rider’s participation in this activity or use of the Ride, including the possession, use, operation, or return of the Ride, and including any such claims which allege negligent acts or omissions on the part of Bikeowner or BookNBike. Should Bikeowner, BookNBike or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Rider agrees to indemnify and hold them harmless for all such fees and costs. 4. Third Party Claims. Neither Bikeowner not BookNBike shall be responsible if Rider causes injury to another person or if Rider damages another bicycle, ski or snowboard, vehicle or personal property of another. Rider agrees to protect, defend, indemnify and hold Bikeowner and BookNBike harmless and pay any claim, including attorneys’ fees, brought by a third party arising out of Rider’s use of the Ride and for any liability associated with any personal accident/injury as a result of Rider’s use of the Ride starting off from the rental period. 4.1 Insurance. Rider certifies that he or she has adequate insurance to cover any injury or damage Rider may cause or suffer while participating in the activity, or else Rider agrees to bear the costs of such injury or damage. Rider understands and agrees that Bikeowner and/or BookNBike may make a claim against any insurance coverage Rider maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the Ride. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Rider of any liability hereunder. 4.2 Physical Condition. Rider understands the he or she should be in good physical health to participate in bicycling. Rider certifies that Rider has no medical or physical conditions which could interfere with Rider’s safety in this activity, or else Rider is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition. 5. GENERAL PROVISIONS 5.1 No Warranty. THE RIDE IS PROVIDED TO Rider ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RIDE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Bikeowner DOES NOT WARRANT THAT THE RIDE OR ANY RENTAL WILL MEET Rider’S REQUIREMENTS. 5.2 Limitation of Liability. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Bikeowner OR BookNBike, THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM ANY RENTAL OR THE USE OF, OR INABILITY TO USE, THE RIDE. (b) IF Bikeowner OR BookNBike, OR THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS ARE FOUND TO BE LIABLE, SUCH LIABILITY TO Rider OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID HEREUNDER AND (B) DKK100. (c) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BookNBike HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 5.3 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either Bikeowner or Rider. 5.4 Third Party Beneficiary. BookNBike shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to BookNBike herein. 5.5 Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between Rider and Bikeowner that arises in whole or in part from the rental of the Ride shall be decided exclusively by a court of competent jurisdiction closest to Bikeowner’s residence. 5.6 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. 5.7 Entire Agreement/Severability. This Agreement shall constitute the entire agreement between Rider and Bikeowner concerning the rental of the Ride. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.