Participant Agreement, Release and Assumption of Risk
In consideration of the services of Brooklyness, Inc., their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “BLN”), I hereby agree to release, indemnify, and discharge BLN, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in escooter rentals entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the rental.
The risks include, among other things: accidents involving other escooters or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the escooter; falls; the negligence of other operators of motor scooters, myself; or other persons who may be present; sprains, strains, bruises, fractures, broken bones, musculoskeletal injuries including head, neck, and back injuries; transmissible pathogen or disease; exhaustion; equipment failure; my own physical condition, and the physical exertion associated with use of the escooter.
Furthermore, BLN personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing during use of the escooter. My participation while using the escooter is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured DOT or SNELL certified helmet during use of the escooter.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BLN from any and all claims, demands, or causes of action, which are in any way connected with my participation in use of the escooter or my use of BLN’s equipment or facilities, including any such claims which allege negligent acts or omissions of BLN.
4. Should BLN or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while using the escooter, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against BLN, I agree to do so solely in the state of New York, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my use of the escooter, I may be found by a court of law to have waived my right to maintain a lawsuit against BLN on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at BLN. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.