SOUTH CENTRAL POWER UP E-BIKE LENDING LIBRARY WAIVER OF LIABILITY

I (Participant Name), for and in consideration of permission to participate in the South Central Power Up E-Bike Lending Library Pilot Program, including the opportunity to rent and use a bicycle made available to participants, understand and agree that:

1. Bicycle Rentals will be completely FREE for the first 6 months of pilot operations, beginning on 3/1/24 and ending on 9/30/24.

2. Upon renting a bicycle, I shall provide a valid government issued ID. I understand that a copy will be securely stored on the COMMUNITY ORGANIZATION premises.

3. I will return the bicycle on the date and at the location I and a representative of COMMUNITY ORGANIZATION agree upon prior to my departure from COMMUNITY ORGANIZATION. Failure to do so will mean paying the full amount for the $2,550 e-bike.

4. In the event that the bicycle is damaged, lost, or stolen during the period I am borrowing it, I may be liable for costs up to and or paying the $2,550 e-bike cost.

5. I must bring my own or receive from the COMMUNITY ORGANIZATION a helmet to borrow a bicycle.

6. I am 18 years of age or older.

7. I will not use the bicycle while under the influence of any drugs or alcohol.

8. I will not allow any other persons to ride or use the bicycle.

9. I will return the bicycle to COMMUNITY ORGANIZATION within 30 days of check out. If I would like to extend my bicycle rental by an additional 30 days, I will renew by contacting COMMUNITY ORGANIZATION. If I do not renew my bicycle and I do not return my bicycle, I acknowledge that the COMMUNITY ORGANIZATION will attempt to contact me 1 time a week for 3 weeks. If I do not respond to the COMMUNITY ORGANIZATION’s attempts to contact me, I may be liable for costs up to the $2,550 e-bike cost.

10. COMMUNITY ORGANIZATION reserves the right to refuse service to anyone who does not meet minimum eligibility requirements including but not limited to area of residency.

I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND I SIGN IT OF MY OWN FREE WILL.

I intend by my signature this to be a complete and unconditional release of all liability to the greatest extent allowed by law. In further consideration participation in the South Central Power Up Pilot Program, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of COMMUNITY ORGANIZATION, People for Mobility Justice, a California a 501(c)3 nonprofit organization, Ride On! Bike Shop LLC, and/or the Los Angeles Cleantech Incubator, a California nonprofit public benefit corporation (“LACI”) and/or their directors, officers, employees, volunteers, representatives, and agents for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me while participating in the South Central Power Up E-Bike Lending Library Pilot

(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of my participation in the South Central Power Up E-Bike Lending Library Pilot Program including but not limited to medical expenses, whether caused by the negligence of release or otherwise. I acknowledge that this activity is inherently dangerous and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, dangers and hazards associated with bicycle riding in public, private or any other ways that may result in injury, death or damage to me and/or my property. I hereby understand that neither COMMUNITY ORGANIZATION, People for Mobility Justice, Ride On! Bike Shop, nor LACI and/or their directors, officers, employees, volunteers, representatives, and agents are in any way responsible for the costs incurred as a result of any medical treatment which may be necessary in the event of injury, accident, and/or illness during this activity.

Funding for this pilot is facilitated by LACI, with a grant from the California Air Resources Board (CARB), Moving California, and California Climate Investments.

The undersigned further expressly agrees that this Waiver and Release of Liability is intended to be as broad and inclusive as is permitted by law and that if any portion of the Agreement is held invalid or unenforceable the balance shall notwithstanding continue and survive intact in full legal force and effect. This Waiver and Release of Liability shall be governed, construed and interpreted in accordance with the laws of the State of California. Any dispute, controversy or claim arising out of or relating to this Agreement shall be litigated, if at all, in and before the courts of the State of California, to the exclusion of the courts of any other state, territory or country.