FSU Bikes
Reserve a bike


Terms and Conditions of Use – Appendix 1

FANSHAWE STUDENT UNION BIKES

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY

 

(“Cyclist”), am a current Fanshawe Student Union Student, am over the age of 18, and have the legal capacity to enter into this agreement. I am aware that the Fanshawe Student Union has created a bicycle loan program called the Fanshawe Student Union (“Bikes Program”).  By my signature I hereby acknowledge and agree that as a condition of my participation in the “Bikes Program” I must execute the within Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement,  the terms and conditions of which are as follows:

  1. I acknowledge that I have read and understand the “Bikes Program” Terms of Use attached to this agreement and agree to abide and be bound by those Terms of Use.

  2. I further acknowledge, agree, and represent that I understand the nature of the Fanshawe Student Union Bikes program and that I am qualified, in good health, and in proper physical condition to borrow a bicycle from this Program. I further acknowledge that I will use the bicycle over public roads and facilities open to the public and upon which the hazards of traveling are to be expected. I further agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue biking.

  3. I further acknowledge and agree that I may have my ability to participate in the “Bikes Program” revoked at the sole discretion of the Fanshawe Student Union.

  4. I further acknowledge and agree that BICYCLING ACTIVITIES INVOLVE RISKS which may result in SERIOUS BODILY HARM, including but not restricted to Permanent Disability, Paralysis and Death or other forms of personal injury.  I fully accept and assume all such risks including those foreseeable and unforeseeable and caused by my own action or inaction, the action or inaction of others including the negligence of the Fanshawe Student Union.

  5. By my signature and on behalf of myself, my heirs, executors, administrators, successors, predecessors, officers, directors, employees, representatives, partners, shareholders, agents, members, associates, assigns and insurers hereby fully release, and forever discharge the Fanshawe Student Union from any and all liability or actions, causes of action, claims for damages, claims for costs, claims for indemnity or for loss arising from my participation in the “Bikes Program”.

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND THIS DOCUMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF THE FANSHAWE STUDENT UNION TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOT WITH STANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.




Re-type your name in the field above

FANSHAWE STUDENT UNION BIKES

TERMS AND CONDITIONS OF USE

 

In order to be allowed to participate in the Fanshawe Student Union Bikes Program, (hereinafter referred to as “Bikes Program”), (“Cyclist”) agree to be bound by the following Terms and Conditions of Use:

  1. I agree to inspect the bicycle before use, riding and/or operation. I agree to ensure the bicycle is in proper working order BEFORE using the bicycle. I will examine and test the bicycle’s operating parts including but not limited to: the brakes, lights, steering apparatus, tires, pedals and lock, before using/or operating the bicycle. This is not intended to be an exhaustive list. I will adjust bike seat to fit my physique. If inspection and initial testing of the bicycle indicates any defect, damage or failure to operate as a normal bicycle, the bicycle shall not be used and/or operated, and I will contact and notify Fanshawe Student Union Bikes at kmasterson@nullfanshawec.ca of any and all repairs that the bicycle may need as soon as possible.

  2. I understand that the Program is responsible for repairing all of the bicycles, and agree that I will not attempt to repair the bicycle myself. I agree to accept any costs I incur from damages caused through an attempt to repair a bicycle, and to release the Fanshawe Student Union Bikes Program from all liability if any injuries occur during an attempt to repair the bicycle or as a result of my having personally repaired the bicycle.

  3. I accept that the bicycle is the exclusive property of Fanshawe Student Union Bikes: I agree that the bicycle and any equipment attached thereto, at all times, remains the exclusive property of the Program. I will not make any type of modification to the bicycle at any time. If through my modifications the bicycle is damaged, I will accept the incurred costs.

  4. I will use a helmet at all times during biking to decrease the chance of risks occurring; I acknowledge that helmets are available from the Fanshawe Student Union Bikes Program.

  5. I agree to follow all laws pertaining to the use, riding and/or operation of the bicycle, including all provincial and local laws and the rules and regulations pertaining to bicycles in London Ontario. I certify that I am familiar with the laws, rules, and regulations pertaining to the use, riding and/or operating of the bicycle before riding. I acknowledge and understand that the Fanshawe Student Union Bikes Program does not provide training regarding the use or operation of the bicycle or the Rules of the Road.

  6. I will not, under any circumstance, use, ride, and/or operate the bicycle after consuming, ingesting and/or using alcohol or drugs and/or if I have a blood alcohol concentration about the jurisdictional limit prescribed.

  7. I agree to not, under any circumstance, use, ride, and/or operate the Bike in inclement or dangerous weather, including but not limited to severe lightning storms, tornados, hurricanes, icy conditions, fog, and /or rain, hail or snowfall. I also acknowledge that the Fanshawe Student Union Bikes Program will take a hiatus during the winter months.

  8. I further understand that the bicycle is intended for only limited types of use: I will not use the bicycle for racing, mountain bike riding, stunt or trick riding. I will not allow any third party to use the bicycle in any way whatsoever, whether free of charge or for consideration. I will not carry and/or transport any person or passengers on the bicycle under any circumstances. I shall not add any kind of seat or modification to allow someone to ride on any part of the bicycle.

  9. I acknowledge that the use of front carrier/basket is limited: I will not fill the front carrier/basket with heavy items as this may create an unsafe condition and affect my balance and steering control. I further acknowledge that the front carrier/basket of the bicycle is intended to carry light loads only.

  10. I agree to accept and abide by the Bike Operating Hours and Bicycle availability: I agree to check opening and closing times of program lending online or by emailing kmasterson@nullfanshawec.ca. Bikes must be returned within the maximum loan time limits allowed at the bike loan station.

  11. I agree to return the bicycle, rack and key to the Biz Booth by the end of each day of use. If I fail to return bicycle by the end of the day, the Fanshawe Student Union may suspend my membership temporarily. If the bicycle and/or key is returned within 48 hours of the due date, I understand, I will be charged fully for purchase.

  12. I agree to immediately report to the Fanshawe Student Union Bikes Program and The College Security Office – D1041 a stolen or lost bicycle and/or key. I acknowledge that I am responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to a stolen or lost bicycle.

  13. I agree to return the bicycle and key to the Fanshawe Student Union Bikes Program in the same condition received, ordinary wear and tear expected. I agree to ensure that the Bike is always locked and secured when unattended. Bikes come with a metal U-lock, and only this locking mechanism should be used. Any other lock will be removed, possibly damaged or destroyed, and the Fanshawe Student Union Bikes Program will not be responsible for the replacement of this lock. The Fanshawe Student Union Bikes Program will not be responsible for any lost, stolen, destroyed, and/or damaged bicycles under any circumstances, regardless of whether bicycle locks were used, broken and/or not properly functioning. I agree to pay for any damage, including replacement parts, to and/or destruction or loss of the Bike, even if damaged was caused by someone else. All repairs needed as a result of any such loss, destruction or damage, will be performed at the normal labour rates. In the event the Bike is lost, destroyed or damage beyond repair, regardless of fault or cause, I agree to pay the Fanshawe Student Union Bikes Program the full replacement value of the equipment.

BY MY SIGNATURE, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THE ABOVE TERMS AND CONDITIONS OF USE AND AGREE TO ABIDE AND BE BOUND BY THEM.

 


Re-type your name in the field above

Terms and Conditions of Use – Appendix 1

Replacement Cost

Bike - $275.00

Helmets - $25.00

Locks / Keys - $40.00

Damage Fees

If any of the following are returned with damage to them, they will be assessed individually and you are responsible for the following costs:

Bike - minimum - $25.00 up to full replacement if the bike is not salvageable - $275.00

Helmets - minimum - $10.00 up to full replacement if the helmet is not salvageable - $25.00

Locks / Keys - if a key or lock is lost or damaged the full replacement cost will be charged - $40.00

understand that the following costs will be my responsibility if any of the property borrowed to me is damaged or stolen.


Re-type your name in the field above