Liability Waiver and Terms of Service
By using the Queens Bike Share Cargo Bike Shuttle Service (hereinafter referred to as “the Service”), I, the undersigned, acknowledge and agree to the following terms and conditions:
1. Assumption of Risk
I understand that riding a cargo bike, as a passenger or user, involves inherent risks, including but not limited to accidents, personal injury, property damage, and death. I voluntarily choose to use the Service and assume full responsibility for any risks or injuries that may occur, whether as a result of my own actions or the actions of others.
2. Release of Liability
To the fullest extent permitted by law, I release and discharge Queens Bike Share, its owners, employees, contractors, agents, and affiliates (hereinafter collectively referred to as “the Company”) from any and all claims, demands, actions, or causes of action arising out of or related to any injury, damage, or loss that I may suffer as a result of using the Service, including but not limited to injuries or damages caused by negligence, equipment failure, or environmental factors.
3. Indemnification
I agree to indemnify, defend, and hold harmless the Company from and against any and all liabilities, claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of my use of the Service or my breach of this agreement.
4. Personal Responsibility
I certify that I am physically and mentally capable of safely using the Service. I will follow all instructions provided by the Company and will wear any required safety gear during the shuttle service. I understand that failure to comply with these instructions or safety requirements may result in injury or damage.
5. Insurance
I understand that the Company does not provide insurance for personal injuries or property damage. I am responsible for obtaining my own insurance coverage if I so choose.
6. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of New York. Any legal action arising out of or related to this agreement shall be filed exclusively in the courts located within New York.
7. Severability
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8. Service Availability
Queens Bike Share reserves the right to modify, suspend, or discontinue the cargo bike shuttle service (“the Service”) at any time, for any reason, without prior notice. We do not guarantee that the Service will be available at all times, and the Company shall not be held liable for any damages, losses, or inconveniences resulting from any temporary or permanent suspension or discontinuation of the Service.
Additionally, Queens Bike Share reserves the right, in its sole discretion, to refuse service to any individual or group at any time, without providing a reason. This may include, but is not limited to, cases where a customer is deemed unfit to use the Service, fails to comply with safety regulations, behaves inappropriately, or violates any applicable laws or terms of service.
By signing below, I acknowledge that I have read, understood, and agree to be bound by the terms and conditions of this liability waiver and release agreement.
