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7.c Borrow A BikePage 1 of 3 WHEELS-TO-GO PROGRAM Bike It; You’ll Like It! ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT (“AGREEMENT”) IMPORTANT: THIS IS A LEGAL DOCUMENT; PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING This Agreement must be completed in order to participate in the activities associated with the LeRoy Wheels-To-Go Program. Participant’s Information Note: If participant is under 18 years of age, this document must be signed ‘in person’ by parent or legal guardian. Name (please print): Last ____________________________ First: ___________________________ Address: __________________________________________________________________________ Street City State Zip Code Driver’s License or Gov’t Issued ID Number: ___________________________ ID Type: _________ Phone Number: ___________________________ Email: ___________________________________ Emergency Contact Information: Name ____________________ Phone: _______________________ Second Emergency Contact: Name ____________________ Phone: _____________________ TERMS AND CONDITIONS I, the undersigned, am the Participant named above or the Participant’s parent or legal guardian. I am familiar with the LeRoy Wheels-To-Go Program (“Program”) and agree to take full responsibility for the Program’s shared bicycle(s) (“Bicycles(s)”) while it is/they are under my watch. This includes adhering to all safety rules while riding the Bicycle(s) at all times. I understand that participation in the Program can include foreseeable and unforeseeable risks and other hazardous activities inherent in the Program which may expose the Participant to illness, injury, or death. Participant freely and voluntarily participates or allows participation in the Program with the knowledge of the danger involved. As Participant, I hereby agree to assume and accept any and all risk of injury or death. Participant’s Initial & Date: ________________________ Bike Number (s) __________ __________ __________ __________ Page 2 of 3 WAIVER, RELEASE AND INDEMNIFICATION Participant understands and acknowledges that the City of LeRoy/LeRoy EDA (“City/EDA”) is not an insurer of the behavior and/or actions of the Participant, and that the City/EDA assumes no liability whatsoever for personal injuries or property damages to the Participant, or any third party arising out of participation in the Program. Participant hereby agrees on behalf of himself or herself to release, waive, covenant not to sue, indemnify and hold harmless the City of LeRoy/LeRoy EDA, and all of their officers, employees, agents, and volunteers (collectively the “Releasees”) from any and all liability including any liability or claims perceived to be caused by COVID-19, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant or loss or damage to any property belonging to the Participant, or any third party arising out of or related to participation in the Program. Participant does not have any medical conditions that would prevent participation in above named Program. Furthermore, Participant has adequate health insurance to cover the costs of treatment in the event of any injury. Participant, on behalf of himself or herself, agrees that this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without application of any principles or choice of law. In the event that a lawsuit arises between the Participant and the City/EDA, Participant shall pay any attorney fees or costs incurred by the City/EDA in enforcing this Agreement. If any portion of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remainder shall, notwithstanding, continue in full force and effect. PARTICIPANT HAS CAREFULLY READ THESE TERMS AND FULLY UNDERSTANDS THEIR CONTENT AND IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN THE PARTICIPANT AND THE RELEASEES AND SIGNS IT AT HIS OR HER OWN FREE WILL. Participant freely and voluntarily assumes the risks of using the Equipment. He/she acknowledges that he/she has executed this Contract and Release in order to use the Equipment. For Participants who are minors, the adult signing on his/her behalf represents and warrants to the City/EDA that he/she is the legal guardian of that minor and possesses full legal authority to release and waive claims, and to covenant not to sue, on that minor’s behalf. The undersigned has read this Contract and Release in its entirety. Le Roy Wheels-To-Go Program recommends that all Participants wear a helmet and seek instruction from a staff volunteer in the safe operation of the equipment. Helmets are provided free to Participants. Helmets – Each Participant or his/her guardian must mark his/her choice below: YES-I will wear a safety helmet. NO-I refuse to wear any type of safety helmet and accept full responsibility for this decision. _____ YES _____ NO _____________________________ ____________________________________________________________ Name of Participant Signature of Participant (or legal guardian if a minor) Date Participant’s Initial & Date: _______________________ Page 3 of 3 SEASON PASS: Parent or legal guardian authorizes minor to participate in LeRoy Wheels-To-Go Program for the entire ______ season. ________________________________ _____________________________________________________ Name of Participant Signature of Participant (or legal guardian if a minor) Date “WHEEL’S TO GO” BIKE PROGRAM Bike No. Date Time Out Estimate Return Time In Name Comments