RELEASE OF LIABILITY BY DOCKLESS ELECTRIC STANDUP SCOOTER SHARE USER
WHEREAS I have chosen to participate in a Dockless Electric Standup Scooter Share System in Phoenix, Arizona (“System”) with [NAME OF OPERATOR] (“Operator”) during the City of Phoenix (“City”) pilot program;
WHEREAS I understand that the Operator is uniquely positioned to understand and address risks and liabilities associated with the System and its users; and
WHEREAS I understand that the System is potentially hazardous and that I may be exposed to dangers and hazards, including but not limited to the following: falls; fractures; concussions; dangerous weather; overexertion; overheating; injuries from a lack of fitness or conditioning; hyperthermia; hostile or aggressive pedestrians, bicyclists, other scooter riders, or vehicle drivers; death; equipment failures; losing control of or crashing the scooter; traffic; collisions with moving or parked vehicles, bicycles, scooters, or pedestrians; road and or trail hazards (such as sewer gratings, gravel, uneven or unlevel terrain, washouts and debris); failure to wear a helmet and or other protective equipment; and the negligence of others; and
WHEREAS as a consequence of the above risks and others not identified, I may be seriously hurt, disabled, or may die from the resulting injuries; and
WHEREAS my property may be damaged as a result of the above risks;
NOW, THEREFORE, in consideration of the above recitals and for permission to participate in the System, I agree to the terms contained in this agreement:
1. ASSUMPTION OF THE RISKS: I hereby freely and voluntarily assume the risks of use including, but not limited bodily injury, personal injury, including death, or loss or damage to tangible or intangible property, loss of business or economic loss, as well as other risks not listed, and any harm, injury or loss that may occur to me or my property as a result of my participation in the System, including any injury or loss caused or alleged to be caused by the City, its employees and officers, officials and agents and other System participants. I also understand that any equipment that I provide or rent from the Operator, or any other provider, I use at my own risk and that any such equipment is provided without any warranty from the City about its condition or suitability.
2. RELEASE OF LIABILITY: I hereby RELEASE the City, its employees and officers, officials and agents, the providers of any right of way (the “Released Parties”), FROM AND AGAINST ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from injury, death, loss or harm that occurs to me or any other person or to any property related to the System. This RELEASE includes claims that are, or can be asserted, including, but not limited to, negligence, gross, negligence, premises liability, products liability, breach of contract or any other legally recognized cause of action or theory of recovery. This RELEASE does not extend to claims or any other liabilities that Arizona law does not permit to be excluded by agreement. I also agree not to sue or make a claim against the Released Parties for death, injuries, loss or harm that occur while engaging in the System or that are related in any way to use of the System.
3. INDEPENDENT CONTRACTORS: I acknowledge that the City has no control over and assumes no responsibility for the actions of any Operator or any independent contractors providing any services for the System.
4. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable ASSUMPTION OF RISK AND RELEASE OF LIABILITY as broad and inclusive as permitted by law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
5. APPLICABLE LAW AND FORUM: This agreement is governed by and shall be construed in accordance with the laws of the state of Arizona, without reference to its choice of law rules. I agree that any dispute arising from this agreement or in any way associated with the System shall be brought only in a state or federal court located in Maricopa County, Arizona, and I agree to the jurisdiction and venue of those courts for any such dispute.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
Signature of user: