The New York University Bikeshare Program ("NYU BikeShare") makes bicycles available to New York 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 NYU Bikeshare and also contains a RELEASE and WAIVER OF LIABILITY to which you must agree order to use and operate a NYU Bikeshare bicycle in the City of New York (the "Activity").
1. In consideration for being permitted to participate in the Activity, you hereby acknowledge and agree:
a) that you are 18 years of age or older
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 NYU Bikeshare and New York University (collectively the "University") do not represent, warrant or guarantee that the NYU Bikeshare bicycles are in good repair or without defects and that it is your responsibility to examine each NYU 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 New York 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 all times while participating in the Activity. NYU Bikeshare will provide helmets to riders upon request from designated Bikeshare locations and requires all helmets to be returned within 24 hours.
g) that if an NYU BikeShare bicycle is lost or stolen, the user will report this loss to NYU Public Safety at (212) 998-2222 within 24 hours. Failure to do so will result in a fee of $300. If the loss is reported within 24 hours, the fee will be waived unless the user is found in unlawful possession of the bike. If an NYU BikeShare helmet is lost or stolen, the user will be fined a fee of $50. A lost or stolen lock will incur a $36 fine. A lost or stolen key will incur a $8 fine.
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, without being 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.
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, New York 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 New York applicable to contracts entered into and intended to be performed solely within the State of New York. You shall submit to the jurisdiction of the federal and state courts located in New York County, New York State for the resolution of disputes arising hereunder or relating hereto, regardless of the place of execution hereof.