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The Student Bicycle Cooperative @ UC Berkeley
The following is a warning, release of liability, assumption of risk, and
indemnification agreement between the renting/sharing party (hereinafter
referred to as “I”), and the rental/sharing company/organization (hereinafter
collectively referred to as BicyCal).
1. I acknowledge that bicycling can be a hazardous activity that involves risks
that may be injurious or fatal. I agree to assume all risks included in the
activity. I acknowledge that BicyCal requires me to wear a helmet at all times
while riding a BicyCal bike. BicyCal provides lights and reflectors and
requires users to turn on lights while riding at night as required by the State
of California.
2. I acknowledge that BicyCal is not responsible for the conditions of roads, or
surfaces on which I will be riding a rented bicycle from BicyCal. I
acknowledge that flat tires are an inherent risk of bicycle riding – I further
understand that although routes may be suggested to me for riding a BicyCal
bikes, the routes are not owned, monitored, managed, or kept by BicyCal and
I therefore release BicyCal from any responsibilities for conditions of said
areas.
3. I agree to indemnify, defend, and hold harmless BicyCal, including owners,
officers, agents, employees, volunteers, participants, landlords, tenants,
sponsors, advertisers, The Regents of the University of California, and any
other entity or person acting on their behalf, from any and all liability for
damage, injury, or death to myself, or to any other person or property, which
are in any way connected to my participation in the activity stated herein. I
waiver my right to present any legal claim or lawsuit against these entities or
persons regardless of how any damage, injury, or death may have occurred,
through negligence or any other manner considered through legal claim.
4. I agree to release, discharge, indemnify, and hold harmless all manufactures
and/or distributors of any equipment provided to me by BicyCal including
but not limited to bicycles and helmets, from any and all liability damage,
injury, or death to myself, or any other person or property, which are in any
way connected to my participation in the activity stated herein. I hereby
waive my right to present any legal claim or lawsuit against these entities
regardless of how any damage, injury, or death may have occurred, through
negligence or any other manner considered through legal claim.
5. I agree to confirm receipt of a lock and key departing BicyCal rental premises
with a rental bicycle/equipment. I acknowledge that it is my responsibility
to return said rental bicycle/equipment under all circumstances, and that
BicyCal does not provide pickup/rescue service. I understand and agree that
in the event said rental bicycles/equipment are lost, stolen, or damaged
beyond repair, I will be charged the total cost to replace/repair
bicycles/equipment plus any additional charges incurred. I acknowledge
that BicyCal insurance does not cover loss, theft, or abuse of rental
bicycles/equipment. A fee of $30 will be charged for loss of lock and/or lock
key. Bicycle/equipment damage/loss will be based on retail replacement
costs. Collegiate bicycle/equipment retail cost is $400.
6. I understand and agree that the charge for bicycles that are returned late is
calculated based on 30‐minute increments with a 5‐minute grace period. I
agree that BicyCal will charge me $2 per every 30‐minute increment
following the 5‐minute grace period. If bicycle and/or equipment is not
returned to BicyCal within twenty‐four hours from the point in which it was
due back, BicyCal will charge the total cost of the bicycle and equipment as
stated above.
7. I agree that this contract is a warning, release of liability, assumption of risk,
and indemnity agreement that serves as a legally binding contract. I agree
that this contract is intended to be as comprehensive a release of liability and
indemnity as is legally allowed. I agree that if any portion of this contract is
found to be void, invalid, or un‐enforceable, the remaining portions shall
remain in full force and effect. I agree that this contract shall be binding for
myself, my children, my heirs, assigns, executors, personal representatives,
and administrators of my and, or their estate(s).
I have read this contract, understand its terms, and agree that signing below
binds me to its contents.
DOB* (*Must be over 18 years old*) _______________________________
Name X_____________________________________________
Signature X_____________________________________________
Date X_____________________________________________