Release of Liability and Indemnification Agreement
THIS IS A LEGAL DOCUMENT WHICH INCLUDES A RELEASE OF LIABILITY.
READ IT CAREFULLY BEFORE SIGNING.
I wish to participate in Earlham College Bike Share. In consideration for the right to participate in Earlham College Bike Share, I acknowledge and agree as follows:
1) I am aware that cycling activities involve many risks, dangers and hazards including, but not limited to:
· changing weather conditions
· mechanical failure of the equipment
· encounters with wildlife, collision with pedestrians, vehicles or other cyclists
· variation or steepness in terrain
· variation or changes in the cycling surface including holes or depressions in the roads
· difficulty or inability to control one’s speed and direction
· rapid or uncontrolled acceleration on hills and inclines
· exposed rock, snow, ice, earth and other natural objects
· negligence of other participants
· loss of balance
· streams, creeks and rivers, cliffs and crevasses
· Negligence on the part of Earlham College, including the failure on the part of Earlham College to safeguard or protect me from the risks, dangers, and hazards of cycling
· failure to cycle safely or within one's own ability or within designated areas
· collision with exposed rock, snow, ice, earth, trees or other natural or man- made objects on or adjacent to the cycling terrain
I am also aware that the risks, dangers and hazards referred to above potentially exist throughout all areas used for cycling and that many are unmarked. I certify that I am aware of the risks, dangers, and hazards associated with cycling activities and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
2) I accept my responsibility and to adhere to any rules, policies, and instructions provided by the Earlham College Bike Share for cycling activities, including rules regarding repair to the bicycle and responsibility for damage to the bicycle club for club activities. I understand that the Earlham College Bike Share does not provide medical insurance coverage for participants. I assume responsibility for my own medical insurance coverage.
3) I WAIVE and/agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND Earlham College Bike Share, Earlham College, and their respective directors, technical directors, officers, instructors, members, employees, and agents, FROM ANY AND ALL LIABILITY, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED IN ANY WAY WITH PARTICIPATION IN Earlham College Bike Share, AS WELL AS ANY COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN CONNECTION WITH SUCH CLAIMS.
4) I acknowledge that the release and indemnity provisions in paragraph 3 apply to all claims for injury or damage resulting from any cause, including the negligence of any party released herein. I further acknowledge that this agreement shall be binding on all family members, including minors, guardians, heirs and any executor or personal representative or beneficiary.
5) I agree that this Agreement should be enforced to the full extent permitted by law. If any section or part of this Agreement is held not to be enforceable under the applicable law, the remainder of the Agreement shall be enforced.
6) I am 18 years of age or older and legally competent to sign this Release of Liability and Indemnification Agreement. I understand that these terms are contractual and not a mere recital. I have signed this document of my own free act. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE AND INDEMNITY BY READING IT BEFORE I SIGNED.
BICYCLE EQUIPMENT RESPONSIBILITY AND REPAIR RULES:
I WILL WEAR A HELMET* WHILE USING AN EARLHAM COLLEGE BIKE SHARE BICYCLE.
*IF PARTICIPANT IN EARLHAM COLLEGE BIKE SHARE DOES NOT OWN A HELMET, ONE WILL BE PROVIDED.
I AM RESPONSIBLE FOR ANY DAMAGE TO THE BICYCLE OR BICYCLE PARTS AND ACCESSORIES INCLUDED WITH THE BICYCLE DURING MY USE. I AM FINANCIALLY RESPONSIBLE FOR REPLACING OR REPAIRING THE BICYCLE AND ANY OF ITS COMPONENTS UPON LOOSENING OR REMOVING & REINSTALLING PARTS, OR BENDING, BREAKING, RIPPING OR THEFT DURING MY USE.
CURRENT VALUE OF CITY BIKES & HYBRIDS $350, MOUNTAIN BIKES $650, LOCK $30.
I will not attempt repairs or removal of bike parts held by screws or nuts.
I may adjust the saddle.
If I am away from Earlham College campus and the bicycle is in need of repair, I will seek repair from a local facility and may submit the expense for reimbursement upon return of the bicycle.
BY CLICKING SUBMIT I SIGN AND AGREE TO THE THE TERMS OF THIS AGREEMENT