RUNWAY BICYCLE, KAYAK, AND PADDLE BOARD USE -
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY!
AGREEMENT: I acknowledge that Runway Group, LLC, a Delaware limited liability company (“Runway”), has purchased (i) bicycles and related equipment (the “Bicycle Equipment”) and (ii) kayaks and paddle boards and related equipment (the “Watercraft Equipment”, and together with the Bicycle Equipment, the “Equipment”) for the personal use and benefit of certain persons, including myself. In consideration of the Equipment being made available to me at no cost and the benefits to be derived from its use by me, I agree to accept full responsibility for the Equipment and agree to pay for all repairs or replacement cost if the Equipment is lost, stolen, or damaged while in my possession. I accept the Equipment for use “AS IS”, find it to be in good condition, and accept full responsibility for its care.
EQUIPMENT SAFETY:
BICYCLES: I acknowledge that I have been advised to wear an approved helmet and/or protective gear while cycling, represent that I will do so, and assume all risk of failing to do so. I am aware that cycling is subject to all applicable Municipal and State highway traffic laws, rules, and regulations and will comply therewith at all times. I am familiar with the proper use of the Bicycle Equipment, including all quick release mechanisms, brakes and gear shifters. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Bicycle Equipment. I represent that I have all requisite skills for proper use of the Bicycle Equipment and that I will not permit the Bicycle Equipment to be used by any other person. I represent that I am at least 18 years old, and I have read and will comply with all rules provided by Runway related to the Bicycle Equipment.
KAYAKS AND PADDLE BOARDS: I acknowledge that I have been advised to wear an approved life jacket and/or other safety gear while kayaking and/or paddle boarding (the “Water Activities”), represent that I will do so, and assume all risk of failing to do so. I am aware that the Water Activities are subject to all applicable Municipal and State laws, rules, and regulations and will comply therewith at all times. I am familiar with the proper use of the Watercraft Equipment. I understand that carrying cargo in or on the Watercraft Equipment while using it may affect its operation and increase the risks associated with engaging in the Water Activities. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Watercraft Equipment. I represent that I have all requisite skills for proper use of the Watercraft Equipment (including, in the case of kayaks, the ability to safely exit the kayak I am using in the event of a capsize), that I am a competent swimmer, and that I am comfortable swimming in open bodies of water, varying water and weather conditions, and strong currents. I represent that I will not use the Watercraft Equipment when it is dusk or dark. I represent that I will not permit the Watercraft Equipment to be used by any other person. I represent that I am at least 18 years old and that I have read and will comply with all rules provided by Runway relating to the Watercraft Equipment.
ASSUMPTION OF RISK:
BICYCLES: I am aware that quick release mechanisms, brakes, and other parts of the Bicycle Equipment will not function as optimally as intended at all times and under all circumstances and may be adversely affected by inclement weather conditions, moisture, terrain, and the like. I am aware that cycling is inherently dangerous and involves risks, dangers and hazards including, but not limited to: mechanical and structural failure of the Bicycle Equipment; changing weather conditions; variation or steepness in terrain; difficulty or inability to control one’s speed and direction; loss of balance; rapid or uncontrolled acceleration on hills and inclines; collision with exposed rock, earth, trees, or other natural or man-made objects; collision with pedestrians, vehicles or other cyclists; changes or variations in the cycling surface; failure to cycle safely or within one’s own ability; acts, omissions, negligence, and/or deliberate acts of others; and acts, omissions, NEGLIGENCE or other fault of any kind or degree ON THE PART OF RUNWAY, BLUE CRANE, LLC, AND EACH’S MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, INSURERS, AND/OR AGENTS, AND MANUFACTURERS AND DISTRIBUTORS OF THE BICYCLE EQUIPMENT, which risks I fully intend and agree to assume. ALL OF THE FOREGOING PARTIES ARE REFERRED TO AS THE “RELEASEES”.
KAYAKS AND PADDLE BOARDS: I am aware that the Watercraft Equipment may not function as optimally as intended at all times and under all circumstances and may be adversely affected by inclement weather conditions, turbulent waters, and strong currents, among other things. I am aware that the Water Activities are inherently dangerous and involve risks, dangers and hazards including, but not limited to: personal injury, including hypothermia; death as a result of drowning or otherwise; structural failure of the Watercraft Equipment; changing weather conditions, including unexpected high winds; turbulent waters and strong currents; difficulty or inability to control one’s speed and direction; loss of balance and/or capsizing; exposure to and/or submersion in cold water; collision with exposed rocks, earth, trees, or other natural or man-made objects; failure to engage in the Water Activities safely or within one’s own ability; acts, omissions, negligence, and/or deliberate acts of others; and acts, omissions, NEGLIGENCE or other fault of any kind or degree ON THE PART OF RUNWAY, BLUE CRANE, LLC, AND EACH’S MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, INSURERS, AND/OR AGENTS, AND MANUFACTURERS AND DISTRIBUTORS OF THE WATERCRAFT EQUIPMENT, which risks I fully intend and agree to assume. ALL OF THE FOREGOING PARTIES ARE REFERRED TO AS THE “RELEASEES”.
I UNDERSTAND THAT MY USE OF THE EQUIPMENT, INCLUDING SAFETY EQUIPMENT, CANNOT GUARANTEE MY SAFETY OR FREEDOM FROM INJURY WHILE CYCLING, KAYAKING OR PADDLE BOARDING. I AM AWARE THAT IT IS NOT POSSIBLE TO PREDICT EVERY CONDITION OR CIRCUMSTANCE UNDER WHICH THE EQUIPMENT AND SAFETY EQUIPMENT WILL NOT OPERATE AS INTENDED. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS, AND THE RESPONSIBILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT:
In consideration of the foregoing, I further hereby agree as follows:
1. I waive any and all claims that I have or may in the future have against the RELEASEES, and I RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer, or that my next of kin may suffer, resulting from or arising out of any aspects of my use of the Equipment at any time, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES in respect of the design, manufacture, selection, installation, maintenance, inspection, service or repair of the Equipment, or in respect of the provision of or the failure to provide any warnings, direction, instructions or guidance as to the use of the Equipment. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE EQUIPMENT;
2. I shall HOLD HARMLESS AND INDEMNIFY THE RELEASEES from and against any and all claims, liabilities, losses, suits or damages, including attorney fees, for any damage to property of or personal injury to myself or any third party resulting directly or indirectly from my use of the Equipment at any time;
3. This Agreement shall inure to the benefit of the RELEASEES and shall be effective and binding upon my heirs, assigns, next of kin, executors, administrators and personal representatives, in the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Arkansas and no other jurisdiction; and
5. Any litigation involving the parties to this Agreement shall be brought solely within the State of Arkansas and shall be within the exclusive jurisdiction of the Courts of Benton County, Arkansas.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND SIGN IT FREELY, VOLUNTARILY, AND WITH KNOWLEDGE OF ITS CONTENTS. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, ASSIGNS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND/OR PERSONAL REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.