Canberra Electric Bike Library Waiver and Release

Prior to use, all users of the Canberra e-bike Library MUST:

• Read the Canberra e-bike Library Pre-Loan Information Package; and

• Acknowledge your agreement to abide by these policies and conditions by signing and returning the induction indemnity declaration (see below) to the SEE Change Administration team.
  

Acknowledgement Waiver and Release

I agree to use the e-bike in accordance with the Pre-Loan Information Package which I have read and understand;

I agree to comply with all road rules and regulations, and all lawful instructions and directions of SEE Change (operator of the Canberra E-bike Library, a project supported by the ACT Government), its officers and employees during the bike loan period;

I acknowledge and accept that cycling is an inherently dangerous activity. I fully understand and assume all risks and hazards specifically associated with this activity, including but not limited to the possibility of serious injury, death, property damage, and loss or damage to myself and my possessions. To the fullest extent permitted by law, I hereby release, waive, and forever discharge SEE Change (operator of the Canberra E-Bike Library, a project supported by the ACT Government) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death that may be sustained by me during the bike test/hire period, whether caused by negligence or otherwise;

I acknowledge that I am responsible for any traffic fines or offences incurred while the e-bike is in my custody and use;

I am aware that I am prohibited from riding the e-bike when impaired by fatigue, medication, drugs or alcohol. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any cycling activity. I accept full responsibility for injury, loss or damage arising from consumption of alcohol or any mind-altering substance; and

I confirm that the e-bike and any accessories provided are in good condition to the best of my knowledge. I acknowledge that I will be liable for loss of the bike/accessories and/or any damage caused to the bike beyond what could be considered reasonable wear and tear

For myself, my executors, administrators, heirs, next-of-kin, successors and assigns, I hereby:

1.        Waive and release any and all claims, demands, actions, or causes of action that I may have against SEE Change (the operator of the Canberra E-Bike Library, a project supported by the ACT Government), or any one or more of their executors, administrators, heirs, next-of-kin, successors and assigns. This includes, without limitation, any claims for injury, loss or damages arising from or in connection with the e-bike loan, including claims resulting from negligence of any of the above parties, together with any costs including legal fees that may be incurred as a result of such claim, whether valid or not;

2.        Indemnify and hold harmless the releasees and each of them against any such claim that I or any one or more of my executors, administrators, heirs, next-of-kin, successors and assigns may have or assert and against any costs, including legal fees with respect thereof;

3.        Acknowledge and agree that SEE Change is not liable for any acts or omissions of electronic bike users, and I expressly waive any right to claim against SEE Change on the basis of vicarious liability;

4.        Acknowledge that if I were to assert a claim, such claim would be subject to the exclusive jurisdiction of the laws of the Australian Capital Territory, Australia;

5.        Acknowledge that I have read this assumption of risk. I will not hold SEE Change liable in any way in respect of any loss or injury that I may suffer as a result of, in connection with, or arising out of, my use of the e-bike, or in respect of any and all costs and charges in connection with any loss or injury I may sustain, whether arising under statute or common law;

6.        Fully understand its terms and that I have given up substantial rights by agreeing to it. I accept this document freely and voluntarily without any inducement made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.