---------- Forwarded message ----------
From: Vincenzo loco <wormsign@gmail.com>
Date: Tue, Oct 23, 2012 at 2:58 PM
Subject: Re: [TheThinkTank] Liability waiver
To: The Think Tank <thethinktank@lists.bikecollectives.org>, Geoffrey Bercarich <geoff.bercarich@gmail.com>

Waiver: In consideration of being permitted to participate in any way in the activities of Bikerowave

Cooperative, Inc. (“Bikerowave”), I, myself, my heirs, personal representatives or assigns, do hereby

release, waive, discharge, and covenant not to sue Bikerowave, its directors, officers, volunteers,

participants, agents and representatives from liability from any and all claims of any nature whatsoever,

including the negligence of Bikerowave, its directors, officers, volunteers, participants, agents and

representatives, resulting in personal injury, accidents, or illnesses (including death) and property loss

arising from, but not limited to, participation in any Bikerowave activities taking place on Bikerowave

facilities or sponsored or organized by Bikerowave, including: using the Bikerowave facility, fixing,

building, maintaining and riding bikes; donating and delivering to the Bikerowave; renting or borrowing

any Bikerowave owned bicycle; leading, participating, and representing Bikerowave at events; and

performing maintenance at, and construction of, the Bikerowave space.

ASSUMPTION OF RISK: I agree to be personally responsible and liable for any and all injuries, harm, or

other damages that I may incur or cause before, during or after transit to and from Bikerowave. It is

further agreed that I am fully aware of the nature and extent of the potential hazard of riding bicycles,

working on or around bicycles, being around or near others engaging in such actions. I grant permission

to Bikerowave to utilize any medical services it deems necessary to treat injuries if needed. Participation

in Bikerowave activities carries with it certain inherent risks that cannot be eliminated regardless of

the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range

from 1) minor injuries such as scratches, bruises, and sprains 2) major issues such as eye injury or loss

of sight, joint or back injuries, heart attacks, bone fractures and concussions 3) catastrophic injuries

including paralysis and death. I understand that wearing a helmet while riding a bicycle is a good idea

and choosing not to wear one is a shortsighted and foolish decision.

I have read the previous paragraphs and I know, understand, and appreciate these and other risks

that are inherent in Bikerowave activities. I hereby assert that my participation is voluntary and that I

knowingly assume all such risks.

INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD BIKEROWAVE

HARMLESS from any and all claims, action, suits, procedures, costs, expenses, damages and liabilities,

including attorney’s fees brought as a result of my involvement in Bikerowave activities and to

reimburse them for any such expenses incurred.

GOOD BEHAVIOUR: I agree to exercise common courtesy and good judgment while participating in

Bikerowave activities and on Bikerowave Property. I understand that drugs and alcohol are prohibited

on Bikerowave Property, and agree not to use, possess, or be under the influence of such while I am

present on Bikerowave property. I understand that if I exhibit behaviors considered by Bikerowave to

be dangerous or offensive to myself or others, I may be asked to leave the premises and may have my

volunteer status, if any, terminated.

VISIAL ANDF AUDIO RECORDING RIGHTS: I irrevocably grant to the Bikerowave, its successors and

assigns, the right to photograph and make motion pictures and sound recordings of my image, likeness

and voice. I understand that I will receive no compensation for such photographs and audio-visual work.

I also grant the Bikerowave the right to display and distribute the same in any manner and any medium

whatsoever, in perpetuity, without further compensation.

STORAGE OF BICYCLES AND PERSONAL PROPERTY AT BIKEROWAVE: I understand that I am allowed to

store one (1) bicycle at Bikerowave on a space-available basis for up to thirty (30) days. I understand

that only a license to store a bicycle is granted and NO BAILMENT IS CREATED, and that Bikerowave is

not responsible for fire, theft, damage to or loss of such bicycle or any article, item or part attached

to or associated with said bicycle. I understand that Bikerowave is not responsible for any loss or

damage of, or to, my personal property that may occur at Bikerowave. If I leave personal property at

the Bikerowave, I release the Bikerowave of any liability, and do so at my own risk. I understand that

any bicycle or personal property left on the premises for more than thirty (30) days shall be considered

abandoned and become the property of Bikerowave.

PURCHASED OF BICYCLES, PARTS AND OTHER ITEMS FROM BIKEROWAVE: I understand all items

received or purchased from the Bikerowave are provided strictly “AS IS”, and come without warranty or

guarantee, of any kind whatsoever, expressed or implied.

SEVERABILITY: The undersigned further expressly agrees that the foregoing waiver and assumption

of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State

of California and that if any portion thereof is held invalid, it is agreed that the balance shall,

notwithstanding, continue in full force and effect.

ACKNOWLEDGMENT OF UNDERSTANDING: I have read this waiver of liability, assumption of risk, and

indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights,

including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and

intend by my signature to be a COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE

GREATEST EXTENT ALLOWED BY LAW.

This was adapted by someone who has passed the bar to practice in california but does not currently practice law. We paid a legal service to also legally translate this into spanish, if someone is interested lemme know.

Enzo Loconte

Board Secretary

Bikerowave Co-op

On Tue, Oct 23, 2012 at 1:14 PM, wormsign@gmail.com <wormsign@gmail.com> wrote:

ill copy paste it when i get to an actual computer. We believe it to be bullet proof but it hasnt been legally challenged. It is based on a liability waiver used by disney world for teaching swimming to 8 year olds and has additions that reflect our space and policy. Its efficacy would be dependent on your local regulations as well. I'll send it as a guideline though, you can fill in your own details and use it of you wish but ideally youd have a local lawyer and your insurer review it.

Geoffrey Bercarich <geoff.bercarich@gmail.com> wrote:

Can I get to see the bike o wave waiver. I heard it was bullet proof. Anyone?

On Oct 23, 2012 11:51 AM, "Jonathan Morrison" <jonathan.morrison@gmail.com> wrote:
Each insurance company may require specific language to transform a piece of paper into something of legal significance. In other words, this is a question for your insurance company.

On Tuesday, October 23, 2012, Froilan Landeros wrote:

Heys,

Last week, someone that visited our shop during Open Shop got into an accident because their wheel came loose. Turns out they were working on said wheel during our shop time.

They are okay now but were seriously injured from the accident.

We started talking about training volunteers better to do 'checks' before peopel leave the shop. We are also considering having liability waivers. Does anyone have an example of a waiver that we could build off of? Does it need to be very details or can it just be..."By signing below I accept the responsibility..."etc etc.

Thanks.

--
Sincerely,

Jonathan Morrison
c: 801-688-0183

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Can I get to see the bike o wave waiver. I heard it was bullet proof.
Anyone?
On Oct 23, 2012 11:51 AM, "Jonathan Morrison" <jonathan.morrison@gmail.com>
wrote:

> Each insurance company may require specific language to transform a piece
> of paper into something of legal significance. In other words, this is a
> question for your insurance company.
>
> On Tuesday, October 23, 2012, Froilan Landeros wrote:
>
>> Heys,
>>
>> Last week, someone that visited our shop during Open Shop got into an
>> accident because their wheel came loose. Turns out they were working on
>> said wheel during our shop time.
>>
>> They are okay now but were seriously injured from the accident.
>> We started talking about training volunteers better to do 'checks' before
>> peopel leave the shop. We are also considering having liability waivers.
>> Does anyone have an example of a waiver that we could build off of? Does
>> it need to be very details or can it just be..."By signing below I accept
>> the responsibility..."etc etc.
>>
>> Thanks.
>>
>
>
> --
> Sincerely,
>
> Jonathan Morrison
> c: 801-688-0183
>
> _______________________________________________
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> Thethinktank@lists.bikecollectives.org
> To unsubscribe, send a blank email to
> TheThinkTank-leave@bikecollectives.org
> To manage your subscription, plase visit:
>
> http://lists.bikecollectives.org/listinfo.cgi/thethinktank-bikecollectives.org
>
>

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