IN EXCHANGE FOR YOUR BEING ALLOWED TO USE ANY OF THE SERVICES, DIVVY BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) DO FULLY AND FOREVER RELEASE 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 BY APPLICABLE LAW, MOTIVATE 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 RENTAL AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, DIVVY BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS RENTAL AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN SECTION 5, OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY MOTIVATE OR ANY RELEASED PERSON, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING DIVVY BICYCLE, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING 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 MOTIVATE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, DIVVY BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, DIVVY BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, MOTIVATE 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, DIVVY BICYCLES, STATIONS, BIKE DOCKS, AND RELATED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
MOTIVATE AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, DIVVY BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, DIVVY BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, DIVVY BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, AND MOTIVATE 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 DIVVY BICYCLE OR SYSTEM KEY.
As used in this Part II and elsewhere in this Rental Agreement, "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 Divvy bicycles, Stations, Bike Docks, or related information, or (b) Your use of any of the foregoing. "Released Persons" or "RELEASED PERSONS" means, collectively, (i) Motivate and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the City of Chicago and all of its elected and appointed officers, officials, employees, and agents, (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.
Member is solely and fully responsible for the safe operation of the Divvy bicycle at all times. Member understands that THIS AND other sections in this RENTAL Agreement describe and relate to the risks RELATING to Member’s use of the Services. Member affirms that Member has read, understands, and accepts the entire RENTAL Agreement.
Member agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. Member further agrees that, before any use of the Services, Member will perform the safety inspection described in Section 8, and Member will not use a bicycle that fails the safety inspection and will notify MOTIVATE of such failure. Member agrees that riding a DIVVY bicycle involves many 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, AND 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, MEMBER’S OR ANY THIRD PERSON’S NEGLIGENT ACTS OR OMISSIONS, and Member’s underlying known or unknown health conditions. Member agrees that ALL such risks, dangers, and hazards, WHETHER KNOWN OR UNKNOWN, are Member’s sole responsibility AND MEMBER ASSUMES ALL RELATED RISKS.
Member agrees that such risks, dangers, and hazards are Member's sole responsibility including, but not limited to, choosing whether to wear a bicycle helmet or utilize other protective gear. Member agrees that if Member's use of any of the Services causes any injury or damage to another person or property, then Member may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Divvy bicycle, Member assumes full and complete responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards, and Member agrees that Motivate and all other Released Persons are not responsible for any death, injury, damage, or cost caused by Member with respect to any person or property, including the Divvy bicycle itself.
Member agrees, without limitation, to indemnify and hold harmless all Released Persons from any death, injury, or damage to MEMBER, another person OR PERSONS, or property ARISING OUT OF OR IN ANY WAY CONNECTED TO MEMBER’S USE OF THE SERVICES.