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ValloCycle is a local bike share and cycling advocacy group operating as a partnership between the University of Montevallo and City of Montevallo. Our goal is to provide representation, advocacy and affordable bike sharing options and to promote cycling in the Montevallo Community.
Primary member must be present at each check-out
The following is a warning, release of liability, assumption of risk and indemnity agreement between the renting/sharing company (hereinafter referred to as ValloCycle)
1. I understand the City and State ordinances related to bicycling which have been provided to me upon registering.
2. 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 ValloCycle recommends wearing a helmet at all times while riding a ValloCycle bicycle.
3. I acknowledge that the City of Montevallo and the University of Montevallo are not responsible for the conditions of roads, routes, or surfaces on which I will be riding a rented bicycle from ValloCycle. I acknowledge that flat tires are an inherent risk of bicycle riding. I, therefore, release the City of Montevallo and the University of Montevallo from any responsibilities for conditions or unmaintained roads and paths.
4. I agree to indemnify, defend, and hold harmless the City of Montevallo and the University of Montevallo, including managers, agents, volunteers, participants, sponsors, and any other entity or person acting on their behalf, from any liability for damage, injury, or death to myself, or to any other person or property, which are in any way connected to any participation in the activity stated herein. I waive 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.
5. I agree to release, discharge, indemnify, and hold harmless all manufacturers and/or distributors of any equipment provided to me by ValloCycle including but not limited to bicycles, helmets, or locks from any and all liability for damage, injury, or death to myself or any other person or property, which are in any way connected to my participation 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.
6. I acknowledge that it is my responsibility to return rental bicycle and equipment under all circumstances, and that ValloCycle does not provide pickup/rescue service. I understand and agree that in the event 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.
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 unenforceable, the remaining portions shall remain in full force and effect. I agree that this contract shall be binding for myself, my children, my heirs, assign, executors, personal representative, and administrators of my and or their estate(s).
8. I agree to the terms of this contract for any and all children renting bicycles under my supervision.
I have read this contract, understand its terms, and agree that typing my name above binds me to its contents.
By virtue of becoming a ValloCycle member, users must agree to the following terms. Cyclist understands that the operation of a bicycle carries with it inherent risks and agrees that she/he assumes all risks to him/her or his/her children resulting from her/his participation in the ValloCycle program, including, but not limited to sprains, strains, torn muscles and/or ligaments,; fractured or broken bones; cuts, wounds, scrapes, abrasions and/or contusions; head, neck and spine injurie; and death.
Cyclist shall be responsible for any damages to the ValloCycle equipment resulting from cyclist negligent or wrongful use or operation of the equipment. Such damages shall include, but are not limited to repairs, parts and replacement costs. Cyclist shall not be responsible from damages resulting from normal wear and tear. Cyclist has the right to appeal any charges of misuse or neglect to the ValloCycle committee in writing within
7 – 10 days of damage assessment.
Cyclist acknowledge and understand ValloCycle strongly encourages the use of bicycle helmets when using ValloCycle bicycles and that the proper use of bicycle helmets reduces the risk of serious or fatal head injuries in bicycle accidents. Helmets will be provided with each bicycle checked out.
Cyclist agrees to complete the required safety inspection list each time she/he rents a ValloCycle bicycle. Cyclists agrees to inform the rental desk and receive a different bicycle (depending upon availability) should a bicycle not meet the safety inspections checklist standards. ValloCycle shall not be liable for consequential, incidental, or indirect damages caused by the ValloCycle equipment or cyclist failure to complete the required safety inspection check list before equipment use.
Cyclist represents and warrants that she/he has adequate medical insurance coverage in the even the cyclist sustains an injury during the use or operation of ValloCycle equipment, or while participating in the ValloCycle program, and cyclists agrees to provide ValloCycle with proof of such insurance upon request.
By typing my name above I recognize that I have read and accepted the ValloCycle Usage Policy for myself and any children renting bicycles under my supervision.
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