Bicycle Lending Library

Waiver and Release of Liability / Assumption of Risk Form

THIS DOCUMENT INVOLVES YOUR WAIVER OF SUBSTANTIAL LEGAL RIGHTS AND
ASSUMPTION OF RISKS AND LIABILITY. IT IS A FORM REQUIRED FOR PARTICIPATION
IN THE BICYCLE LENDING LIBRARY PROGRAM AT WEST CHESTER UNIVERSITY. YOU
SHOULD READ AND UNDERSTAND IT ENTIRELY BEFORE SIGNING.

The Bicycle Lending Library program at West Chester University (hereafter referred to BLL) provides week- and semester-long checkouts of bicycles, bicycle helmets, and bicycle locks. There are inherent risks associated with bicycling which can be reduced but not eliminated by participants. Please read the following information thoroughly. Initial and sign where requested to acknowledge that you have read, understand and agree to the information stated. Participants must be over the age of 18. I understand that, even under the safest conditions possible, there is a risk of loss or damage to property or a risk of bodily injury in riding any bicycle. THE UNIVERSITY DOES NOT ASSUME RESPONSIBILITY FOR ANY RISKS YOU MIGHT BE EXPOSED TO AS YOU USE A BICYCLE CHECKED OUT TO YOU AND WILL NOT DEFEND AGAINST ANY CLAIMS FOR WHICH IT CONCLUDES IT HAS NO LEGAL RESPONSIBILITY.

Expectations
1.) Borrowers of bicycles, bicycle helmets, and bicycle locks (hereafter referred to as “Borrowers”) are expected to adhere to all policies outlined in the West Chester University student handbook.
2.) Borrowers are expected to meet the expectations listed here for using BLL bicycles and gear.
3.) Borrowers must assume all the potential risks of the trip and are responsible for their own actions.
4.) Borrowers are expected to dress appropriately for using BLL bicycles and gear, including wearing a bicycle helmet and closed-toe shoes.
5.) Borrowers are expected to monitor the condition of the bicycle during the entire period of the loan.
Should any damage or defect be identified, such as tire or brake wear or other mechanical failure, borrowers must return the bicycle to the Francis Harvey Green Library for repair or exchange.
6.) Should the borrower’s helmet be involved in a crash or if it suffers any other type of impact that cracks the foam, the borrower must return the damaged helmet to the Bicycle Lending Library for
replacement.
7.) Borrowers should not ride BLL bicycles while under the influence of alcohol or drugs.

8.) Borrowers with any medical conditions that may affect their ability to effectively control a bicycle are advised to consult a physician before checking out a BLL bicycle and gear.
9.) Borrowers are responsible for any and all financial obligations incurred in any treatment of any injury resulting from their use of a BLL bicycle and gear.
10.) Borrowers consent to the University using or publishing any photograph, video, film or other recording of borrowers using a BLL bicycle and gear without compensation or any other consideration being provided or paid.

11.) Borrowers are expected to use assigned WCU bicycle locks to secure the bicycle to a bicycle rack any time when not in use.

Assumption of Bicycling Risks and Hazards
Riding a bicycle involves some inherent risks and hazards, including, but not limited to:
1.) Concussion, neck/spinal trauma, broken bones, loss of teeth, loss of vision or other injury which can result from fall or contact with other people or objects.
2.) Death or other trauma as a result of collision with motor vehicles, bicycles, or fixed objects when riding a bicycle.
3.) Death or other trauma from weather conditions including lightning, hail, wind and snow, flash flooding.
4.) Death or other trauma due to crash or collision in snowy or icy conditions. Whenever the air temperature is near 32 degrees Fahrenheit, freezing conditions may exist on the ground that can cause a rider to lose control of the bicycle.
5.) Death from cardiovascular problems which arise from overexertion.
6.) Death or trauma from falls or being struck by an object.
7.) Dehydration.
8.) Heatstroke, Frostbite, and Hypothermia.
9.) Sunburn.

Reducing or eliminating some risks and hazards:
1.) Risks from weather conditions can be reduced, but not eliminated. by seeking the appropriate shelter when inclement weather approaches.
2.) The use of a bicycle in weather conditions where snow or ice is present are inherently dangerous. Whenever the air temperature is near 32 degrees Fahrenheit, freezing conditions may exist on the ground that cause a rider to lose control of the bicycle. No bicycle should be used in freezing, snowy, or icy conditions.”
3.) Risks of harm from crash or collision due to winter weather conditions can be eliminated by not using a Bicycle Lending Library bicycle in freezing, snowy, or icy conditions.
4.) Risks of harm from cardiovascular can be reduced, but not eliminated, by proper conditioning and by recognizing the signs of fatigue and cardiovascular stress, as well as by having regular physical examinations by a medical professional.
5.) Dehydration risks can be reduced, but not eliminated, by drinking appropriate amount of water and consuming electrolytes while riding a bicycle.
6.) Risks from heat or cold exposure can be reduced, but not eliminated, by dressing appropriately for conditions and taking shelter when needed.
7.) Risks of sun exposure, including sun burn, can be reduced, but not eliminated, by taking the necessary precautions from the sun.

I certify that I am in good health and have no mental or physical condition or symptoms that could interfere with my safety or the safety of others while using a bicycle checked out from the WCU BLL program. I also certify that if I develop such a condition during the time such gear is checked out, I will not use the bicycle or gear.
I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue West Chester University of Pennsylvania, the State System of Higher Education, or the Commonwealth of Pennsylvania, and their officers, employees, volunteers and agents from liability for any and all claims including the negligence of West Chester University of Pennsylvania, its officers, employees, volunteers and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, use of a BLL program bicycle and gear.

Bicycle Lending Library Comprehensive Waiver and Indemnification Agreement
     In consideration of being allowed to borrow a bicycle from the West Chester University Bicycle Lending Library, a recognized program in the university’s Francis Harvey Green Library, I, as a Borrower, affirm that I am aware of the nature of the activity of riding bicycles and recognize that I am assuming any risk known or unknown resulting from participation in this program.
     I understand that part of the risk involved in undertaking any physical activity is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care, and skill with which I conduct myself. I acknowledge that my choice to borrow and use a bicycle from the WCU BLL brings with it my assumption of those risks or results stemming from this choice and the fitness, health, awareness, care and skill that I possess and use.
     I agree to indemnify and hold harmless the University, PASSHE, the State System of Higher Education, its Trustees, officers, agents and employees of the Francis Harvey Green Library, from and against any and all claims, liability, losses, third party claims, damages, costs, or expenses (including attorneys’ fees), from any responsibility or liability in case of: (1) personal injury sustained by me, or (2) personal injury caused by me to others, or (3) damage to property of others caused by me during or because of my use of a bicycle borrowed from the Bicycle Lending Library

    I am 18 years of age or older and I am competent to sign legal documents in my own name. I have read this Waiver and Release of Liability / Assumption of Risk Form before signing below, and I fully understand its contents, meaning and impact. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing or verbally, prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this document.
    I understand that I may ask any questions or request further explanation or information about the Bicycle Lending Library program at any time before, during, or after my participation.
My signature below verifies that I have read, understood, and agree to the contents of these statements in their entirety.

West Chester University, FHG Bicycle Lending Library
Equipment Check Out and Financial Responsibility Form

Program Description

The Bicycle Lending Library (BLL) program of West Chester University’s Francis Harvey Green Library is a student centered and driven program whose purpose is to engage the WCU campus community in bicycling as a healthy, effective, and enjoyable mode of transportation and recreation. The program is designed to lend bicycles, bicycle helmets, and bicycle locks to WCU students and employees for two‐week time periods or full academic semesters.
     In order to enhance this experience, our program is open to all who are able to meet the eligibility requirements listed below. Accommodations may be made as long as it does not compromise the health or safety of borrowers or staff members or significantly alter the fundamental learning outcomes of the program.

Eligibility Requirements

To check out bicycles, bicycle helmets, and bicycle locks from the FHG Bicycle Lending Library, you must:

1. Have an average level of fitness including the agility, endurance, and strength necessary to safely ride a bicycle,
2. Agree to read and comprehend the full contents of the “Street Smarts: Cycling Savvy Edition” booklet distributed to every borrower of a WCU BLL bicycle and gear,
3. Be able to safely get on and off bicycle without assistance,
4. Be able to pedal, steer, and stop a bicycle on streets, roads, trails, and multi‐use paths and over a variety of terrain including flat, uphill, and downhill,
5. Have the cognitive ability to discern all instructions of BLL staff, and
6. Agree to properly wear and use all required safety equipment designated by the BLL staff including a bicycle helmet whenever riding a BLL bicycle.
7. Agree to appropriately secure and store the bicycle using assigned WCU bicycle locks.

Lending Policies

• WCU Bicycle Lending Library (BLL) checkouts are available to all WCU community members. You must have a valid WCU ID to borrow equipment.
• Eligible WCU students and employees may check out bicycles (with bicycle helmets and bicycle locks) for either two weeks or a full semester. All bicycles, helmets, and locks should be returned by the end of the two‐week checkout period, if checked out for that time‐period, or the last day of final exams of the semester.
• Checking out bicycles, helmets and locks is on a first‐come‐first‐served basis. If all WCU BLL bicycles are checked out, potential borrowers may request to be placed on a waiting list.
• An individual may not borrow equipment on behalf of someone else.
• Bicycles and gear will be checked out in clean and working condition and must be returned in the same condition.
• All bicycles and gear are checked out in "as‐is" condition. Borrowers are responsible for scheduling a time to review with a BLL staff person the condition of the bicycle, bicycle helmet, and bicycle lock in order to record any damage or missing items.
• Borrowers are responsible for the condition of equipment once received.
• For bicycles and gear that are damaged beyond repair or are late and not returned within 14 days of the original due date, a fee will be assessed and charged to the borrower’s student account.

Bicycles and equipment still overdue 14 days after their due date
will be subject to a $750 non‐refundable replacement charge.

Financial Responsibility statement:

“I agree to pay all costs associated with damage to any equipment borrowed or its replacement cost should it be lost or stolen while it is in my possession. I understand that the replacement cost for a BLL bicycle with bicycle helmet and bicycle lock is $750.00. I understand that an outstanding obligation with the F.H.G. Library will result in immediate suspension of borrowing privileges and a hold may be placed on my student account which could block my receipt of transcripts until outstanding charges are paid.”