Liability Waiver, Release, Indemnification, and Voluntary Assumption of Risk (the "Release")

Summary

As provided in greater detail in this Release (and without limiting the express language of this Release), You acknowledge the following:

  1. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION BY MEMBER
  1. MISCELLANEOUS

In consideration of Your use of any of the Services (defined below), Motivate International Inc. ("Motivate") requires that You ("Member", "You", or "Your") agree to all terms and conditions in this Release. In order to rent a Bicycle, You must also agree to the terms of the Capital Bikeshare Rental Agreement ("Rental Agreement").

I. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION.

YOU AGREE THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE YOUR SOLE RESPONSIBILITY AND YOU ASSUME ALL RELATED RISKS.

You further agree that if Your use of any of the Services causes any injury or damage to another person or property, then You may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bicycle, You assume full and complete responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards, and You agree that Motivate and all other Released Persons are not responsible for any death, injury, damage, or cost caused by You with respect to any person or property, including the Bicycle itself.

YOU AGREE, WITHOUT LIMITATION, TO INDEMNIFY AND HOLD HARMLESS ALL RELEASED PERSONS FROM ANY DEATH, INJURY, OR DAMAGE TO YOURSELF, ANOTHER PERSON OR PERSONS, OR PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES.

II. MISCELLANEOUS

YOUR AGREEMENT TO RELEASE

I hereby represent that I am the person renting a Bicycle, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Release.

OR

I hereby represent that I am a parent or legal guardian of the below minor Member, who is 16 years of age or older, and that I am fully authorized to execute this Release on behalf of myself and all other parents of legal guardians of the minor rider. I hereby give permission and consent to the minor rider's use of the Services within the terms and conditions set forth in this Release and the Rental Agreement, and have explained these terms and conditions to the minor rider. It is my decision as the minor rider's parent or legal guardian that the Services are suitable for the minor rider. I further agree to the terms and conditions set forth in this Release and the Rental Agreement, and I shall assume any and all responsibility and liability for the minor rider's use of the Services as provided by the terms of this Release and the Rental Agreement. I further agree to defend and indemnify any Released Party from any and all Claims by the minor rider arising out or connected to the minor rider's use of the Services whether or not any negligence by any Released Party, in whole or in part, is alleged to have contributed to any Claims.

March, 15 2019