AU Bikeshare Waiver

The Andrews University Bikeshare Program ("AU BikeShare") makes bicycles available to Andrews University students, faculty, and staff free of charge for their personal, non-commercial use. This USER AGREEMENT sets forth the terms and conditions for your use of a bicycle owned by AU Bikeshare and also contains a RELEASE and WAIVER OF LIABILITY to which you must agree in order to use and operate a AU Bikeshare bicycle in the City of Berrien Springs (the "Activity").

1. In consideration for being permitted to participate in the Activity, you hereby acknowledge and agree:

a) That you are a student at Andrews University.

b) That you are an experienced cyclist and know of nothing regarding your health or physical or mental condition that could adversely affect or preclude your participation in the Activity.

c) That AU Bikeshare and Andrews University (collectively the "University") do not represent, warrant or guarantee that the AU Bikeshare bicycles are in good repair or without defects and that it is your responsibility to examine each AU Bikeshare bicycle before using it to determine whether it is fit for use in the Activity.

d) That you are aware of and, at all times while participating in the Activity, will obey all Michigan State Motor Vehicle laws and regulations applicable to bicycles.

e) That you will be the sole user of bicycles checked out in your name

f) That you will wear a bicycle helmet at your discretion while participating in the Activity. AU Bikeshare will provide helmets to riders upon request from designated Bikeshare locations and requires all helmets to be returned within 24 hours.

g) That the rented bicycle is returned within 24 hours of use at the same station of checkout with a exception of checking out bicycle(s) on a Friday wherein it should be returned on the immediate Sunday before 10am. A fee of US $1 per every hour thereafter will be charged to the user’s current account if the user fails to return the bicycle to the same station within 24 hours.

h) That the bicycle will be locked at all times with the lock and key provided by AU Bikeshare. The user is responsible for both the AU Bikeshare lock and key and if either one or both should be lost, stolen or damaged, it will result in a fee of US$70.

i) That if a AU Bikeshare bicycle is lost or stolen, the user must and will report this loss to Andrews University Campus Safety at (269) 471-3321 within 24 hours. Failure to do so will result in a fee of US $200. If the loss is reported within 24 hours, the fee will be waived unless the user is found in unlawful possession of the bike.

2. You acknowledge that the Activity will or may involve risks inherent in riding a bicycle on busy city streets used by vehicular traffic, including, without limitation, the risk serious and permanent physical injury or death, and you hereby agree:

a) to release and discharge the University from any liability or responsibility for any personal or bodily injury (including death), and for any damage to or loss of property, however caused, that you suffer as a result of, or in connection with, your participation in the Activity, including, without being limited to, any injury, loss or damage resulting from, arising out of, or occurring in connection with the negligent acts or omissions of any employees, agents or representatives of the University; and

b) not to raise any claim or institute any legal action or proceeding against the University for any cause of action that may result from or arise out of or in connection with your participation in the Activity, including, but not limited to any cause of action that may result from or arise out of or in connection with the negligent acts or omissions of any employees, agents or representatives of the University.

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    All references to the University in this USER AGREEMENT and RELEASE and WAIVER OF LIABILITY shall include, and all provisions herein shall inure to the benefit of, Andrews University's trustees, officers, employees, agents, servants, and representatives. This USER AGREEMENT and RELEASE and WAIVER OF LIABILITY shall be governed by and construed in accordance with the laws of the State of Michigan applicable to contracts entered into and intended to be performed solely within the State of Michigan. You shall submit to the jurisdiction of the federal and state courts located in Berrien County, Michigan State for the resolution of disputes arising hereunder or relating hereto, regardless of the place of execution hereof.