Liability Waiver

ProWheels Cycling Club (“ProWheels”) bicycle wheel rental liability agreement

I confirm I am over the age of 18, and therefore have the legal capacity to enter into this agreement.

ProWheels has released a bicycle wheel fleet available on loan to customers, and I hope to participate. In consideration of that possible participation, I, for myself, my personal representatives, assigns, heirs, and next of kin:

1. Acknowledge, agree, and represent that I understand the nature of the ProWheels bicycle wheel rental program (“the Program”) and that I am qualified, in good health, and in proper physical condition to borrow and use bicycle wheels from the Program. I further acknowledge that I will use the bicycle wheels over public roads and facilities open to the public and that there is inevitably a risk to me of mishap or accident. I agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue riding.
2. Agree to abide by all the Program’s Terms and conditions of Use outlined with this Liability Agreement. I further acknowledge that if I break these terms, I may be permanently banned from participating in the Program at this or any other time. I may also be held responsible financially for any damages or losses incurred.
3. Fully understand that: (a) BICYCLING ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) these risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the activity, the condition in which the riding takes place, or the negligence of the “Releasees” named below; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my riding.
4. Subject to clause 5 below, hereby release, discharge and covenant not to sue the Program, ProWheels Cycling Club, its subsidiaries, any commercial partner of any of the foregoing and any of their directors, employees, agents, officers, members, volunteers, as well as other participants and, if applicable, owners and lessors of premises on which the cycling takes place, (each considered one of the “Releasees” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations; and I further agree that if, despite this Release and Waiver of Liability I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
5. Nothing in this Release and Waiver of Liability shall limit or exclude ProWheel’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); (b) any other matter in respect of which it would be unlawful for ProWheels to exclude or restrict liability.
6. In no circumstances will ProWheels’s liability exceed €10,000.
7. This Liability Agreement shall be governed by Dutch law and the courts of the Netherlands shall have exclusive jurisdiction in respect of the same.

Terms and Conditions of Use

I confirm I will CAREFULLY READ all terms and conditions before entering this Agreement:

1. Must inspect wheels before use, riding and/or operation. I agree to ensure the wheels are in proper working order BEFORE using the wheels. I will examine and test the wheels and the mounted bicycle’s operating parts including but not limited to: the brakes, steering apparatus, tires and pedals, before using/or operating the bicycle. This is not intended to be an exhaustive list. If inspection and initial testing of the wheels indicates any defect, damage or failure to operate as normal bicycle wheels, the wheels shall not be used and/or operated, and I will contact and notify ProWheels support at [email protected] of any and all repairs that the wheels may need as soon as possible.
1. Understand that the Program is responsible for repairing all Program wheels, and so I will not attempt to repair the wheels myself. I agree to accept any costs I incur from damages caused through an attempt to repair wheels, and to release the Program, ProWheels Cycling Club (“ProWheels”), its subsidiaries, any commercial partner of any of the foregoing and any of their directors, employees, agents, officers, members, volunteers, as well as other participants and, if applicable, owners and lessors of premises on which the cycling takes place from all liability if any injuries occur during an attempt to repair the wheels.
2. Agree that the wheels and any equipment attached thereto, at all times, remain the exclusive property of ProWheels or its commercial partner. I will not make any type of modification to the wheels at any time. If through my modifications the wheels are damaged, I will accept the incurred costs.
3. Will use a helmet at all times during riding to decrease the chance of injury. Helmets will not be provided by ProWheels.
4. Agree to follow all laws pertaining to the use, riding and/or operation of the wheels, including all national and local laws and the rules and regulations pertaining to bicycles in the country in which I am riding. I certify that I am familiar with the laws, rules, and regulations pertaining to the use, riding and/or operating of a bicycle before riding. I acknowledge and understand that the Program does not provide training regarding the use or operation of a bicycle.
5. Will not, under any circumstances, use, ride and/or operate the wheels after consuming, ingesting and/or using alcohol or drugs and/or if I have a blood alcohol concentration above the local legal limit.
6. Agree to not, under any circumstance, use, ride, and/or operate the wheels in inclement or dangerous weather, including but not limited to severe lightning storms, gales, icy conditions, fog, and /or heavy rain, hail or snowfall. I also acknowledge that the Program may cancel the hire of wheels during extreme weather conditions.
7. Further understand that the wheels are intended for only limited types of use: I will not use the wheels for mountain bike riding, cyclocross, stunt or trick riding. I will not use the wheels for any races or events, organized or unorganized, excluding ProWheels organized events. I will not allow any third party to use the wheels, in any way whatsoever, whether free of charge or for consideration. I will not carry and/or transport any person or passengers on the wheels under any circumstances.
8. Accept and abide by the ProWheels operating hours and wheel availability provisions: I agree to check availability of Program lending online. Wheels must be returned within the maximum loan time limits allowed and agreed on by ProWheels. Wheels are limited and ProWheels may not have available wheels for loan at all times.
9. Agree that any activity deemed as misuse of the wheels may lead to temporary suspension from the Program and / or termination of my involvement in the same.
10. Agree to return the wheels to the designated ProWheels location by the end of the agreed period. ProWheels can decide to suspend my membership temporarily and /or to charge me a fee for the rental of the wheels if the wheels are not returned within 24 hours. After my third suspension, I understand that my participation in the Program may be permanently terminated without any refund. Any wheels that are not returned 24 hours after the agreed period, with no prior attempt to notify ProWheels, will be reported to the Police as stolen.
11. Agree to immediately report to ProWheels stolen or lost wheels. I am responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits, or disbursements of any kind or nature whatsoever related to stolen or lost wheels.
12. Agree to return the wheels to the ProWheels location they came from in the same condition received, ordinary wear and tear excepted. I agree to ensure that the wheels are never left unattended, either locked or unlocked. ProWheels will not be responsible for any lost, stolen, destroyed, and/or damaged wheels under any circumstances, regardless of whether bicycle locks were used, broken and/or not properly functioning. In the event the wheels are lost or stolen, regardless of fault or cause, I agree to pay ProWheels the full replacement value of the equipment and that this may be as much as €4,000 (Four thousand Euros).
13. Understand that additional terms and conditions shall apply in the event that I wish to participate in a ride arranged by ProWheels.
14. Agree to the use of my personal data in accordance with the ProWheels privacy policy (https://www.prowheels.cc/privacy-policy).
15. Understand that ProWheels shall have the right to revise, change, and modify these Terms & Conditions at any time without prior written notification by posting the revised version on its website. I shall be solely responsible for reviewing and becoming familiar with any modification to these Terms & Conditions. Use and/or operation of the wheels by me following any modifications to these Terms & Conditions constitutes my acceptance of these Terms & Conditions as modified.
16. These Terms & Conditions shall be governed by Dutch law and the courts of the Netherlands shall have exclusive jurisdiction in respect of the same.

Confirmation

1. I have read the Liability Agreement, fully understand its terms, understand that I have given up substantial rights by agreeing to it it, and have agreed to it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
2. After careful deliberation, I voluntarily give my consent and expressly agree to all these Terms & Conditions as set forth above. By making this reservation, I agree that I have read, understand and expressly agree to the above agreement and terms and conditions.