BIKE LIBRARY RELEASE AND WAIVER
I am aware that riding a bicycle involves known and inherent risks of injury or death to any participant, and I agree to assume and accept full responsibility for the known and inherent risks associated with this activity. These risks include, among other things, accidents involving other bicycles or vehicles; collisions with fixed or movable objects; injuries or accidents involving contact with the bicycle; falls from the bicycle; the negligence of others; weather conditions; my own physical condition; the condition of terrain; or contact with animals or insects. I elect to participate in spite of and with full knowledge of the known and inherent risks. I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant.
I acknowledge that the staff of Bike New York, Inc. has (a) advised me of the rules associated with riding a bike from the Bike Library within Shirley Chisholm State Park, and (b) been available to more fully explain to me the nature and physical demands of this activity and the known and inherent risks, hazards, and dangers associated with this activity. I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody and control, for bodily injury, death, or loss of personal property and expenses as a result of known and inherent risk of this activity, and as a result of my negligence in participating in this activity.
Without limiting the above, I acknowledge the contagious nature of the SARS-CoV-2 virus (the “novel coronavirus”) and the diseased caused by it (“COVID-19”), as well as other infection diseases (collectively, “Infectious Diseases”), and voluntarily assume the risk that I may be exposed to or infected by the novel coronavirus or other Infectious Disease-causing pathogens by participating in this activity, and that such exposure or infection may result in discomfort, personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to Infectious Diseases and such pathogens at the Bike Library and at Shirley Chisholm State Park may result from the actions, omissions, or negligence of myself and others. I knowingly and voluntarily agree to comply with and adhere to all COVID-19-related safety and risk mitigation practices during my visit, whether communicated verbally or in writing. Such practices may include, but are not limited to: (i) recognized social distancing practices (i.e., maintaining 6 feet of space between myself and other individuals; avoiding congregating in groups); (ii) wearing a proper face mask; and (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face. I acknowledge and agree that my compliance with these safety and mitigation practices may be required by law and that such practices are not only for my own benefit but also for the benefit of others. I voluntarily assume the risk that I may be exposed to the novel coronavirus and other pathogens or persons with an Infectious Disease (including COVID-19) as a result of my visit and/or a failure to comply with such practices. I represent and warrant today and as of the date on which I visit the Bike Library that I, within the past 14 days: (i) do not have a suspected/confirmed case of COVID-19; (ii) have not experienced any symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath; (iii) have not been in close contact with a person known to have COVID-19 (or any known symptoms thereof), or (iv) have not traveled from a state or other jurisdiction that is subject to a New York State travel advisory concerning COVID-19. I agree not to visit the Bike Library if any of the foregoing in (i)-(iv) are not true.
I hereby agree to waive any and all claims that I have or may in the future have against Bike New York, Inc. and the New York State Office of Parks, Recreation and Historic Preservation, and release Bike New York, Inc. and the New York State Office of Parks, Recreation and Historic Preservation from any and all liability for any loss, damage, expense, or injury, including death, that I may suffer or that my next of kin may suffer, resulting from or arising out of my use of the Bike Library, due to any cause whatsoever, including negligence, breach of contract, or breach of warranty on the part of Bike New York, Inc. and the New York State Office of Parks, Recreation and Historic Preservation with respect to design, manufacture, selection, installation, maintenance, inspection, service, or repair of bicycles and equipment of the Bike Library, or in respect of the provision of or failure to provide any warnings, directions, instructions, or guidance as to the use of the Bike Library. There are no warranties, express or implied, concerning the Bike Library.
Without limiting the effectiveness in any way of the release or waiver provided in this document, I (and if applicable, I on behalf of my children), agree to indemnify, hold harmless and reimburse Bike New York, Inc. and the New York State Office of Parks, Recreation and Historic Preservation and their representatives and agents from all damages, losses, costs, or expenses (including legal fees) incurred or paid by them to any person (including me or my insurers (and if applicable, my children and their insurers)) in respect of any accident, injury (including death), loss, or property damage, however caused, resulting from, arising out of, or otherwise in connection with my (or if applicable, my children’s) use of the Bike Library, or a bicycle.
I have carefully read this Release Agreement and accept the terms and conditions state herein by entering my name (and, if applicable, my child's name) in the space below, and acknowledge that this Agreement shall be effective and binding upon myself, my heirs, assigns, personal representatives, and estate, and for all members of my family, including minor children.