RELEASE OF LIABILITY BY DOCKLESS ELECTRIC STANDUP SCOOTER SHARE USER

 

In consideration for being allowed to use/handle/ride a Spin electric scooter (hereinafter “Activity”) on behalf of myself and my next of kin, heirs, and representatives, I release from liability and promise not to sue the State of California, the Trustees of The California State University, California State University Monterey Bay, Otter Student Union, the University Corporation at Monterey Bay, and their employees, officers, directors, volunteers, and agents (collectively “University”) from any and all claims, including claims of the University’s negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic loss or emotional loss I may suffer because of my participation in this Activity, including travel to, from and during the Activity.

I am voluntarily participating in this Activity. I am aware of the risks associated with traveling to/from, participation in this Activity, which includes but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death.  I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence; conditions related to travel; or the condition of the Activity location(s) or facilities. Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during the Activity.

I give the University the absolute right and permission to use my photograph or video in its promotional materials and publicity efforts. I understand that the photographs/videos may be used in a publication, print ad, direct-mail piece, electronic media, website, or other forms of promotion. I release the University, the photographer, their officers, employees, agents, and designees from liability for any violation of many personal or proprietary right I may have in connection with such use.

I agree to hold the University harmless from any and all claims, including attorney’s fees or damage to my personal property, which may occur as a result of my participation in this Activity, including travel to, from and during the Activity. If the University incurs any of these types of expenses, I agree to reimburse the University. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing the University from all liability, (b) promising not to sue the University, (c) and assuming all risks of participating in this Activity, including travel to, from and during the Activity.

I understand that this user agreement within the Spin app is written to be as broad and inclusive as legally permitted by the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms. I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.