In consideration for your participation in the Program and Your use of any of the Services, You hereby freely and voluntarily acknowledge and/or take action for yourself, and on behalf of Your spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executor, administrators, successors and assigns, or anyone else who might claim or sue on Your behalf, as follows:
(a) YOU HEREBY ACKNOWLEDGE AND ASSUME ALL RISKS OF PARTICIPATING IN THIS PROGRAM. You acknowledge that bicycling is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You acknowledge and agree that it is Your responsibility to determine whether You are sufficiently fit and healthy enough to safely participate in the Program, which You elect voluntarily. You have no physical or medical condition that would endanger You or others if You participate in the program, or would interfere with Your ability to safely participate. You also certify that You have not been advised against cycling or any other activity related to participation in the Program by any health professional. You understand and acknowledge that there may be heavy vehicle and pedestrian traffic. You assume all other risks associated with participation in the Program including without limitation: falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other cyclists; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure and/or design of equipment supplied by, or the negligent acts, omissions and/or carelessness of, the Released Parties. You understand that You will be participating in the Program at Your own risk, that You are responsible for the risks of participation in the Program, and that Your participation in the Program is fully voluntary.
(b) You have been advised to wear a protective helmet while participating in the Program. You understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing a protective helmet. You assume responsibility for any injury, loss, or damage associated with Your choosing not to wear a protective helmet; further, because helmets do not protect against all head injuries, and do not protect against other injuries, You assume responsibility for any injury, loss, or damages associated with Your participation in the Program even if You choose to wear a protective helmet. You also agree to follow the “Rules of the Road”: follow and obey all laws and regulations, obey traffic signals and stop signs, ride with traffic, make Your intentions clear to motorists and other road users, ride in a straight line and do not swerve, stay seated while riding, signal turns, and check before turning or changing lanes.
(c) You understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs while riding a bike and You recognize that consumption of alcohol and/or drugs might impair Your judgment and motor skills. You agree not to use the Bicycle while under the influence of alcohol and/or drugs, and further assume responsibility for any injury, loss, or damage associated with Your consumption of alcohol and/or drugs.
(d) YOU WAIVE, RELEASE, AND FOREVER DISCHARGE Social Bicycles Inc. (d/b/a JUMP Bikes), the Program’s sponsors, organizers, promoters, staff, advertisers, volunteers, property owners, administrators, contractors, any and all other vendors and all other individuals or entities involved with the Program, and all state, city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Program takes place, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”) from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort, statutory, or other grounds), which You have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, or result from, Your participation in the Program, including death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses, EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS, OMISSIONS, OR THE CARELESSNESS OF THE RELEASED PARTIES AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. You expressly waive all rights under California Civil Code Section 1542, and similar laws applicable in other jurisdictions, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. Any such release is intended to be a complete and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as direct or intended third party beneficiaries of such releases.
(e) YOU FURTHER COVENANT AND AGREE NOT TO SUE any of the Released Parties for any of the Claims that You have waived, released, or discharged herein.
(f) YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made by You or third parties, for liabilities assessed against the Released Parties, including but not limited to court costs, attorneys’ fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, Your breach or failure to abide by any part of this Waiver, by Your breach or failure to abide by the rules of the Program and/or Your actions or inactions which cause injury or damage to any other person.
(g) You understand that the Program does not provide insurance coverage for damage or injuries incurred during the Program. You agree to be responsible and assume liability for any and all costs incurred as a result of participation in the Program, including without limitation ambulance transport services, hospital stays, medical treatment. You agree to indemnify and hold harmless the Released Parties from all liability for such costs.
(h) You understand that We reserve the right, at Our sole and complete discretion, to deny Your participation in the Program.
(i) FOR THE AVOIDANCE OF DOUBT, YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT WE AND ALL OTHER RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM THAT ARISES OUT OF OR RELATES TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, BICYCLE, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, OR (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE PARTICIPATING IN THE PROGRAM. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT, STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY RELEASED PARTY 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 PARTICIPATION IN THE PROGRAM OR THE USE OF, OR INABILITY TO USE, THE SERVICES. MOREOVER, IF WE, OR ANY RELEASED PARTY, ARE FOUND TO BE LIABLE FOR ANY CLAIMS ON ANY BASIS, SUCH LIABILITY SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID BY YOU HEREUNDER OR (B) ONE HUNDRED US DOLLARS ($100).