Liability Waiver,
Release, Indemnification, and Voluntary Assumption of Risk (the “Release”)
THIS RELEASE CONTAINS
RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY
PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. YOU SHOULD READ
THIS RELEASE CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.
Summary
As provided in greater detail in this Release (and without
limiting the express language of this Release), You acknowledge the following:
·
You fully release the operators, sponsors and host
municipalities of the Services from all Claims You have or may have against
them arising out of Your use of the Services;
·
Your use of the Services is at your sole risk;
·
The Services, including the bicycles, are provided “as-is”
and we make no promises that they will be in good repair or error or defect-free;
·
You will perform a safety inspection before riding;
·
There are significant risks and dangers inherent in riding
a bike share bicycle and You assume those risks;
·
You understand that electric pedal-assist bicycles provide
a different user experience and may pose different risks and dangers, and You
assume those risks with respect to electric pedal-assist bicycles in the Bluebikes
program;
·
You are responsible for all injuries or damages that You
cause to other people or property;
·
We recommend You wear a helmet, but we cannot guarantee its
effectiveness; and
·
You give us Your consent to use for safety purposes, photos or videos of You that are taken while You are using a
bike share bicycle.
I.
RELEASES;
NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION BY YOU
o SECTION
1 RELEASES; NO WARRANTIES
o SECTION
2 ASSUMPTION OF RISK; INDEMNIFICATION BY YOU
II.
MISCELLANEOUS
o SECTION
4 ELECTRIC PEDAL-ASSIST BICYCLES
o SECTION
5 TERM AND TERMINATION
o SECTION
7 DISPUTE RESOLUTION AND JURISDICTION
o SECTION
9 CUMULATIVE REMEDIES
o SECTION
10 FINAL AGREEMENT; MODIFICATION BY LYFT
In consideration of Your use of any of the Services
(defined below), You ("Member", "You", or
"Your") agree to all terms and conditions in this Release. In
order to rent a Bicycle, You must also agree to the
terms of the Bluebikes Bicycle Rental Agreement ("Rental Agreement").
I. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK;
INDEMNIFICATION BY MEMBER.
·
SECTION 1 RELEASES; NO WARRANTIES.
IN EXCHANGE FOR YOUR BEING ALLOWED TO USE ANY OF THE SERVICES, BICYCLES,
STATIONS, OR BIKE DOCKS, YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR FAMILY,
HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) DO FULLY
AND FOREVER RELEASE, HOLD HARMLESS, PROMISE NOT TO SUE, AND DISCHARGE ALL
RELEASED PERSONS FROM ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED
PERSON ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. Such
releases are intended to be general and complete releases and waivers of all
Claims arising out of or in any way related to Your use of the Services. The
Released Persons may plead such releases as a complete and sufficient defense
to any Claim, and may do so as intended third-party beneficiaries of such
releases, if appropriate.
WITHOUT LIMITATION OF THE FOREGOING GENERAL RELEASES, YOU ACKNOWLEDGE AND
AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED OR EXPANDED BY APPLICABLE LAW, LYFT
AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM,
INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD
DESCRIBED IN THIS RELEASE OR THE RENTAL AGREEMENT, (B) YOUR USE OF, OR
INABILITY TO USE, ANY OF THE SERVICES, BICYCLES, STATIONS, OR BIKE DOCKS, (C)
YOUR BREACH OF THIS RELEASE OR THE RENTAL AGREEMENT, INCLUDING BUT NOT LIMITED
TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THE RENTAL AGREEMENT, OR
YOUR VIOLATION OF ANY LAW, OR OF GOOD SAFETY PRACTICES, (D) ANY NEGLIGENCE,
MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY LYFT OR ANY RELEASED
PERSON, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE USING BICYCLE, OR THE
FAILURE OF SUCH HELMET TO PREVENT DEATH OR INJURY, OR (F) ANY NEGLIGENCE,
MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND
WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF LYFT
OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH CLAIMS.
WITHOUT LIMITING THE BREADTH OF THE FOREGOING, YOU AGREE TO RELEASE LYFT AND
ALL OTHER RELEASED PERSONS FOR ANY INJURY, DAMAGES OR LOSSES CAUSED BY THE
ALLEGED NEGLIGENCE OF LYFT OR ANY OTHER RELEASED PERSON.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE
SERVICES, BICYCLES, STATIONS, OR BIKE DOCKS IS AT YOUR SOLE RISK. To
the fullest extent permitted by law, and with respect to Your use of any of the
Services, Bicycles, Stations or Bike Docks, Lyft and all other Released Persons
disclaim all express and implied warranties, including warranties of
merchantability and fitness for a particular purpose. All of
the Services, Bicycles, Stations, and Bike Docks are provided “as is” and “as
available” (and You rely on them solely at Your risk). Lyft and all other
Released Persons do not represent or warrant that any of the Services,
Bicycles, Stations, or Bike Docks will be in good repair or defect-free. YOU
ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR
INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, BICYCLES,
STATIONS, OR BIKE DOCKS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR
USING ANY OF THE SERVICES, BICYCLES, STATIONS, BIKE DOCKS, OR RELATED
INFORMATION, AND LYFT AND ALL OTHER RELEASED PERSONS
ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME
FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS
OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST BICYCLE OR
SYSTEM KEY.
·
SECTION 2 ASSUMPTION OF RISK; INDEMNIFICATION BY YOU.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE BICYCLE
AT ALL TIMES. YOU UNDERSTAND THAT THIS AND OTHER SECTIONS IN THIS RELEASE AND
THE RENTAL AGREEMENT DESCRIBE AND RELATE TO THE RISKS RELATING TO YOUR USE OF
THE SERVICES. YOU AFFIRM THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE ENTIRE
RELEASE AND THE RENTAL AGREEMENT. YOU AGREE THAT BICYCLES ARE MACHINES THAT MAY
MALFUNCTION, EVEN IF THE BICYCLE IS PROPERLY MAINTAINED, AND THAT SUCH
MALFUNCTION MAY CAUSE INJURY. YOU FURTHER AGREE THAT, BEFORE ANY USE OF THE
SERVICES, YOU WILL PERFORM THE SAFETY INSPECTION DESCRIBED IN THE RENTAL
AGREEMENT, AND YOU WILL NOT USE A BICYCLE THAT FAILS THE SAFETY INSPECTION AND
WILL NOTIFY LYFT OF SUCH FAILURE. YOU AGREE THAT RIDING A BICYCLE INVOLVES MANY
INHERENT, OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY
RESULT IN INJURY OR DEATH TO MEMBER OR OTHERS, AS WELL AS DAMAGE TO PROPERTY,
AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR
AVOIDED. Such risks, dangers, and hazards include and relate to, but
are not limited to:
|
·
other vehicles ·
bicycles ·
pedestrians ·
other third parties ·
buildings ·
objects ·
potholes ·
wheelstops ·
curbs ·
docking plates ·
delineators ·
pavement cracks ·
ruts ·
uneven or unstable roadways or bike paths ·
light rail or rail road tracks ·
weather conditions |
·
road conditions ·
animals ·
road kill ·
vegetation ·
other permanent or temporary obstructions on or near roadways or bike paths ·
the possibility of criminal or other third-party acts or omissions ·
bicycle or component malfunction ·
negligent acts or omissions by any released person ·
Your or any third person’s negligent acts or omissions, and ·
Your underlying known or unknown health conditions. |
·
YOU AGREE THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR
UNKNOWN, ARE YOUR SOLE RESPONSIBILITY AND YOU ASSUME ALL RELATED RISKS.
You further agree that if Your use of any of the Services causes any injury or
damage to another person or property, then You may be liable for all resulting
injuries, damages, and related costs. By choosing to ride a Bicycle, You assume
full and complete responsibility for all related foreseeable and unforeseeable
risks, dangers, and hazards, and You agree that Lyft and all other Released
Persons are not responsible for any death, injury, damage, or cost caused by
You with respect to any person or property, including the Bicycle itself.
YOU AGREE, WITHOUT LIMITATION, TO INDEMNIFY AND HOLD HARMLESS ALL RELEASED
PERSONS FROM ANY DEATH, INJURY, OR DAMAGE TO YOURSELF, ANOTHER PERSON OR
PERSONS, OR PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE
SERVICES.
II. MISCELLANEOUS.
·
SECTION 3 HELMETS; SAFETY.
Lyft strongly recommends that all users of the Services wear a Snell, CPSC,
ANSI, or ASTM approved helmet that has been properly sized, fitted, and
fastened, according to the manufacturer's instructions. Wearing a Snell, CPSC,
ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while
cycling may protect against an injury or may lessen the severity of an injury
caused by an impact to the head; however, bicycle helmets are not 100%
effective, do not protect against all head injuries, and do not protect against
other injuries. It is a Member's sole responsibility
to utilize a bicycle helmet. Helmets may be purchased through the
Website: https://store.bluebikes.com/collections/helmets.
Helmets may be obtained at these purchase locations or rental shops: https://www.bluebikes.com/helmets. LYFT
AND THE OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THE QUALITY OR
SAFETY CHARACTERISTICS OF ANY HELMET, AND YOU AGREE THAT LYFT AND THE OTHER
RELEASED PERSONS ARE NOT LIABLE FOR ANY INJURY YOU SUFFER WHILE USING ANY OF
THE SERVICES, WHETHER OR NOT YOU ARE WEARING A HELMET AT THE TIME OF INJURY.
YOU ASSUME ALL RISK OF NOT WEARING A HELMET. You
agree that, when using any of the Services, You might
need to take additional safety measures and precautions that are not
specifically addressed in this Release.
·
SECTION 4 ELECTRIC PEDAL-ASSIST BICYCLES.
The Services may include
both pedal Bicycles and electric pedal-assist Bicycles which amplify Your
effort with a motor. You agree that You understand how electric pedal-assist
works and that You are competent to use an electric pedal-assist Bicycle.
·
SECTION 5 TERM AND TERMINATION.
The term of this Release begins when You first access the Services,
and ends 10 years after Your last use of the Services; provided,
however, that the term of this Release continues in accordance with this
Section. This Release remains in full force and effect, in accordance with its
terms and conditions, after any termination of Your right to use any of the
Services, regardless of how the Release is terminated.
·
SECTION 6 NOTICES.
You may contact Lyft by writing, calling, or emailing Lyft at the street
address, telephone number, and email address listed below:
Lyft Bikes and Scooters, LLC
548 Market Street, #68514
San Francisco, CA 94104
Customer Service: 1-855-948-2929
customerservice@bluebikes.com
·
SECTION 7 DISPUTE RESOLUTION AND JURISDICTION
This Release is governed by, and must be construed and enforced in accordance
with, the laws of the Commonwealth of Massachusetts, excluding principles of
conflicts of laws.
We also both agree that You or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
You agree that the venue for any Claim or dispute is exclusively that of a
state or federal court located in Suffolk County, Massachusetts. You and Lyft
agree to submit to the personal jurisdiction of the courts located within
Suffolk County, Massachusetts for the purpose of litigating all such claims or
disputes.
Further, if Lyft prevails in litigation against You to enforce its rights under
this Release, Lyft shall be entitled to its costs, expenses, and reasonable
attorneys’ fees (whether incurred at or in preparation for trial, appeal, or
otherwise) incurred in resolving or settling the dispute, in addition to all
other damages or awards to which Lyft may be entitled.
·
SECTION 8 WAIVERS.
No waiver of any breach of any provision of this Release is a waiver of any
other breach or of any other provision of this Release. The terms of this
Release may be waived or amended only in writing and only by the party that is
entitled to the benefits of the term being waived or amended.
For good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1)
give Your full and unconditional consent to Lyft, the Released Persons, and
their respective affiliates, successors, and assigns to use at any time and
from time to time, without any restriction, Your appearance and voice in
photographs, videos, and other recordings, but in each such instance only to
the extent recorded during Your use of the Services and only for purposes of
maintaining the safety and functionality of the Services and (2) waive,
release, and discharge all Released Persons from all Claims that You have or
may have for any libel, defamation, invasion of privacy, right of publicity,
infringement of copyright, or violation of any right granted by You in this
paragraph.
·
SECTION 9 CUMULATIVE REMEDIES.
All rights and remedies granted under or referred to in this Release are
cumulative and nonexclusive, and resort to one does not preclude the
availability or applicability of another or to any other right or remedy
provided by law.
·
SECTION 10 FINAL AGREEMENT; MODIFICATION BY LYFT.
This Release and the Rental Agreement contains the complete, final, and
exclusive integrated agreement between the parties with respect to its subject
matter. This Release and the Rental Agreement supersede all other prior
agreements, written or oral, relating to such subject matter. At any time and
from time to time, and without Member's consent, Lyft may unilaterally amend,
modify, or change this Release, in its sole discretion and without any notice
or cause, and by continuing to use any Services after any amendment,
modification, or change, You have agreed to be bound
by all such amendments, modifications, and changes. You must carefully review
this Release on a regular basis to maintain awareness of all amendments,
modifications, and changes. Whenever a change is made to this Release, Lyft
will post a notification on the Platform.
·
SECTION 11 SEVERABILITY.
If a court deems any provision of this Release illegal or otherwise
unenforceable for any reason, You agree that that
provision shall be severed from the Release and shall be inoperative, and the
remainder of the Release shall remain operative and shall be binding on the
parties.
·
SECTION 12 DEFINITIONS.
"Bike Docks" means the separate stands that allow the docking
of Bicycles
"Claims" or "CLAIMS" means, collectively, any
and all claims, injuries, demands, liabilities, disputes, causes of action
(including statutory, contract, negligence, or other tort theories),
proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises,
costs, expenses (including attorneys’ fees, whether incurred at or in
preparation for trial, appeal, mediation, or otherwise), damages (including
consequential, compensatory, or punitive damages), or losses (whether known,
unknown, asserted, unasserted, fixed, conditional, or contingent) that arise
from or relate to (a) any of the Services, including any of the Bicycles,
Stations, or Bike Docks, or (b) Your use of any of the foregoing.
"Lyft" or "LYFT" means Lyft Bikes and
Scooters, LLC, the provider of the Services.
"Kiosks" means the automated Bluebikes pay stations.
"Released Persons" or "RELEASED PERSONS"
means, collectively, (i) Lyft and all of its owners,
managers, affiliates, employees, agents, representatives, successors, and
assigns, (ii) any municipality offering any part of the Services within their
jurisdiction and all of its elected and appointed officers, officials, employees,
and agents (collectively, the "Municipalities"), (iii) every sponsor
of any of the Services and all of the sponsor's owners, officers, directors,
affiliates, employees, agents, representatives, successors, and assigns, and
(iv) every holder of property on which is located a Station and all of the
property holder's owners, officers, directors, affiliates, employees, agents,
representatives, successors, and assigns.
"Services" means the Bluebikes mobile application ("Mobile
Application"), the Bluebikes website, bluebikes.com ("Website")
(the Mobile Application and the Website, collectively, the "Platform"),
and the Bluebikes services which are composed of several elements, including
the Stations, Kiosks, Bike Docks, Bluebikes bicycles, including Bluebikes
electric pedal-assist bicycles (together, "Bicycles"), and all
related equipment, personnel, and information.
"Stations" means the Bluebikes bicycle stations and associated
street treatments such as wheel stops, kiosks, flexible delineators and
pavement markings.
YOUR AGREEMENT TO RELEASE
I hereby represent that I am the Member, I am 18 years of
age or older, and I have read and agreed to all of the
terms and conditions set forth in this Release.
OR
I hereby represent that I am the Parent or Legal Guardian
of the Member, who is 16 years of age or older, and I have read and agreed to
the terms and conditions set forth in this Release on behalf of myself and the
Member, and I authorize the use of the Services by such minor Member.
November 2, 2023