Looking for some examples of liability waivers for repairs and/or totally gifted bikes.
I work with a group of folks that flip bikes and do repairs for individuals in need. Unfortunately we are only able to operate at our space for a few hours at a time and usually cannot store or take bikes over night. Due to the severe disrepair of some of the bikes we come across and our limited time with them often we are not able to get them in the complete repair that we would hope.
Any co ops or collectives out there use these? What should or should not be included?
Thanks
Here's our sign in sheet. Even though we track hours in the computer, this gives the data entry person time to enter it correctly. And side product we have a simple liability statement. We don't store anyone's bike overnight, and only part of our time is Open Shop. Much of our shop time is building up volunteer credits that we track, $5/hr. This liability statement is stored as a screenshot, paper disposed of. Bike Walk Wichita liability sign in waiver https://drive.google.com/open?id=1VzUDpdhmwteIrZTqazpUaijAuuMTO8cH
On Fri, Dec 15, 2017 at 11:16 AM, John Kovalchik <john.n.kovalchik@gmail.com
wrote:
Looking for some examples of liability waivers for repairs and/or totally gifted bikes.
I work with a group of folks that flip bikes and do repairs for individuals in need. Unfortunately we are only able to operate at our space for a few hours at a time and usually cannot store or take bikes over night. Due to the severe disrepair of some of the bikes we come across and our limited time with them often we are not able to get them in the complete repair that we would hope.
Any co ops or collectives out there use these? What should or should not be included?
Thanks
The ThinkTank mailing List
Unsubscribe from this list here: http://lists.bikecollectives. org/options.cgi/thethinktank-bikecollectives.org
Most of what I've heard from lawyers and other nonprofit types over the years is that liability waivers are not binding legal documents and that they will not hold up under any significant amount of force in court.
Mostly they're attempts at gaslighting participants. I think that at best they're social contracts persuading participants to accept full responsibility for their commitments and resulting consequences.
-Cyclista Nicholas
On 2017-12-15 17:16, John Kovalchik wrote:
Looking for some examples of liability waivers for repairs and/or totally gifted bikes.
I work with a group of folks that flip bikes and do repairs for individuals in need. Unfortunately we are only able to operate at our space for a few hours at a time and usually cannot store or take bikes over night. Due to the severe disrepair of some of the bikes we come across and our limited time with them often we are not able to get them in the complete repair that we would hope.
Any co ops or collectives out there use these? What should or should not be included?
Thanks
The ThinkTank mailing List
Unsubscribe from this list here: http://lists.bikecollectives.org/options.cgi/thethinktank-bikecollectives.or...
Bonjour, Nos bureaux seront fermés du 22 décembre au 7 janvier. De retour le lundi 8 janvier. Bonne journée,
Hi, The office will be closed from December 22th to January 7th. We will be back on Monday, January 8th. Best,
Saludos, Las oficinas estaràn ceradas desde el 22 de diciembre hasta el 7 de enero. Regresamos el lunes 8 de enero. Gracias,
Katy Collet Coordonnatrice projets internationaux Cyclo Nord-Sud 8717, 8e Avenue, Montréal, QC H1Z 2X4 514 843-0077 http://cyclonordsud.org/
---------- 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
Thethinktank mailing list 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
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
Thethinktank mailing list Thethinktank@lists.bikecollectives.org To unsubscribe, send a blank email to TheThinkTank-leave@bikecollectives.org To manage your subscription, plase visit:
bikecollectives.org
Thethinktank mailing list 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
Thethinktank mailing list 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
On Sat, Dec 23, 2017 at 11:11 PM, cyclista@inventati.org wrote:
Most of what I've heard from lawyers and other nonprofit types over the years is that liability waivers are not binding legal documents and that they will not hold up under any significant amount of force in court.
Mostly they're attempts at gaslighting participants. I think that at best they're social contracts persuading participants to accept full responsibility for their commitments and resulting consequences.
-Cyclista Nicholas
On 2017-12-15 17:16, John Kovalchik wrote:
Looking for some examples of liability waivers for repairs and/or totally gifted bikes.
I work with a group of folks that flip bikes and do repairs for individuals in need. Unfortunately we are only able to operate at our space for a few hours at a time and usually cannot store or take bikes over night. Due to the severe disrepair of some of the bikes we come across and our limited time with them often we are not able to get them in the complete repair that we would hope.
Any co ops or collectives out there use these? What should or should not be included?
Thanks
The ThinkTank mailing List
Unsubscribe from this list here: http://lists.bikecollectives.org/options.cgi/thethinktank-bi kecollectives.org
The ThinkTank mailing List
Unsubscribe from this list here: http://lists.bikecollectives.o rg/options.cgi/thethinktank-bikecollectives.org
Hello Vicenzo,
I just saw this Waiver you originally sent last October. (Angel York just resent it). In your original email you mentioned you have a legally translated version to Spanish.
I’m part of a Buenos Aires bike collective and would love to see the Spanish version of this document. Is that still possible.
Thank you,
🚲_fabian
pedaludico.org
chela.org.ar
From: Thethinktank [mailto:thethinktank-bounces@lists.bikecollectives.org] On Behalf Of Angel York Sent: Saturday, January 6, 2018 5:35 AM To: The Think Tank thethinktank@lists.bikecollectives.org Subject: Re: [TheThinkTank] Liability Waivers
---------- Forwarded message ---------- From: Vincenzo loco <wormsign@gmail.com mailto: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 mailto:thethinktank@lists.bikecollectives.org >, Geoffrey Bercarich <geoff.bercarich@gmail.com mailto: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 mailto:wormsign@gmail.com <wormsign@gmail.com mailto: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 mailto: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 mailto: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.
Real talk: is it better to have a high-legalese liability waiver like the Bikerowave one, or a plain-spoken one that has a few bullets like "I understand that using these tools can be dangerous, and I XYZ" and "I understand that this shop is not responsible for the safe mechanical condition of my bike once I leave here: this is a do-it-together space with an all-volunteer staff, and I have to take final responsibility for making sure I'm satisfied about the safety of my bike."
@Cyclista had the point above about the general lack of enforcability of liability waivers, and then there's the issue of just scaring people off with all the elvish in the document. Thoughts?
Josh Bisker 914-500-9890 New York Mechanical Gardens Bike Co-op http://bikecoop.nyc/ 596 Acres http://596acres.org/ Bindlestiff Family Cirkus http://bindlestiff.org/
On Wed, Jan 10, 2018 at 5:40 PM, fabian w fabian@pedaludico.org wrote:
Hello Vicenzo,
I just saw this Waiver you originally sent last October. (Angel York just resent it). In your original email you mentioned you have a legally translated version to Spanish.
I’m part of a Buenos Aires bike collective and would love to see the Spanish version of this document. Is that still possible.
Thank you,
*🚲**_**f**abian*
*pedaludico.org http://pedaludico.org*
*chela.org.ar http://chela.org.ar*
*From:* Thethinktank [mailto:thethinktank-bounces@ lists.bikecollectives.org] *On Behalf Of *Angel York *Sent:* Saturday, January 6, 2018 5:35 AM *To:* The Think Tank thethinktank@lists.bikecollectives.org *Subject:* Re: [TheThinkTank] Liability Waivers
---------- 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
Thethinktank mailing list Thethinktank@lists.bikecollectives.org To unsubscribe, send a blank email to TheThinkTank-leave@bikecollectives.org To manage your subscription, plase visit:
bikecollectives.org
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On Sat, Dec 23, 2017 at 11:11 PM, cyclista@inventati.org wrote:
Most of what I've heard from lawyers and other nonprofit types over the years is that liability waivers are not binding legal documents and that they will not hold up under any significant amount of force in court.
Mostly they're attempts at gaslighting participants. I think that at best they're social contracts persuading participants to accept full responsibility for their commitments and resulting consequences.
-Cyclista Nicholas
On 2017-12-15 17:16, John Kovalchik wrote:
Looking for some examples of liability waivers for repairs and/or totally gifted bikes.
I work with a group of folks that flip bikes and do repairs for individuals in need. Unfortunately we are only able to operate at our space for a few hours at a time and usually cannot store or take bikes over night. Due to the severe disrepair of some of the bikes we come across and our limited time with them often we are not able to get them in the complete repair that we would hope.
Any co ops or collectives out there use these? What should or should not be included?
Thanks
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If your insurance requires it, have a liability waiver. If they don't, then there really is no point (from an enforce ability standpoint) in a high-legalese waiver and you'd be much better served by enforcing things that make people safer like closed toe shoes and general tool knowledge.
On Thu, Jan 11, 2018 at 12:42 AM, Josh Bisker jbisker@gmail.com wrote:
Real talk: is it better to have a high-legalese liability waiver like the Bikerowave one, or a plain-spoken one that has a few bullets like "I understand that using these tools can be dangerous, and I XYZ" and "I understand that this shop is not responsible for the safe mechanical condition of my bike once I leave here: this is a do-it-together space with an all-volunteer staff, and I have to take final responsibility for making sure I'm satisfied about the safety of my bike."
@Cyclista had the point above about the general lack of enforcability of liability waivers, and then there's the issue of just scaring people off with all the elvish in the document. Thoughts?
Josh Bisker 914-500-9890 <(914)%20500-9890> New York Mechanical Gardens Bike Co-op http://bikecoop.nyc/ 596 Acres http://596acres.org/ Bindlestiff Family Cirkus http://bindlestiff.org/
On Wed, Jan 10, 2018 at 5:40 PM, fabian w fabian@pedaludico.org wrote:
Hello Vicenzo,
I just saw this Waiver you originally sent last October. (Angel York just resent it). In your original email you mentioned you have a legally translated version to Spanish.
I’m part of a Buenos Aires bike collective and would love to see the Spanish version of this document. Is that still possible.
Thank you,
*🚲**_**f**abian*
*pedaludico.org http://pedaludico.org*
*chela.org.ar http://chela.org.ar*
*From:* Thethinktank [mailto:thethinktank-bounces@l ists.bikecollectives.org] *On Behalf Of *Angel York *Sent:* Saturday, January 6, 2018 5:35 AM *To:* The Think Tank thethinktank@lists.bikecollectives.org *Subject:* Re: [TheThinkTank] Liability Waivers
---------- 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
Thethinktank mailing list Thethinktank@lists.bikecollectives.org To unsubscribe, send a blank email to TheThinkTank-leave@bikecollect ives.org To manage your subscription, plase visit: http://lists.bikecollectives.org/listinfo.cgi/thethinktank-b ikecollectives.org
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
Thethinktank mailing list 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-b
ikecollectives.org
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On Sat, Dec 23, 2017 at 11:11 PM, cyclista@inventati.org wrote:
Most of what I've heard from lawyers and other nonprofit types over the years is that liability waivers are not binding legal documents and that they will not hold up under any significant amount of force in court.
Mostly they're attempts at gaslighting participants. I think that at best they're social contracts persuading participants to accept full responsibility for their commitments and resulting consequences.
-Cyclista Nicholas
On 2017-12-15 17:16, John Kovalchik wrote:
Looking for some examples of liability waivers for repairs and/or totally gifted bikes.
I work with a group of folks that flip bikes and do repairs for individuals in need. Unfortunately we are only able to operate at our space for a few hours at a time and usually cannot store or take bikes over night. Due to the severe disrepair of some of the bikes we come across and our limited time with them often we are not able to get them in the complete repair that we would hope.
Any co ops or collectives out there use these? What should or should not be included?
Thanks
The ThinkTank mailing List
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David Oliver -
fabian w -
Jack Murphy -
John Kovalchik -
Josh Bisker -
Katy Collet