Bicycle Borrowing – Participation Agreement

I understand that this Waiver and Consent to Participate agreement is in addition to, and is not a substitute for, any other documentation or registration information that I might be required to execute by the Halifax Public Libraries (“HPL”) or the Halifax Regional Municipality (“HRM”), or by its supporting organizations, in order for me to participate in the activity.

In consideration of HPL offering me the opportunity to participate in the following activity, on the date(s) associated with that activity, I give and provide HPL with my consent for me to participate in the following activity:

Description of Activity and Potential Risks Specific to the Activity:

• Receiving a bicycle, and other equipment, if applicable, on loan from HPL
• Operating the bicycle for the period of time permitted

Dates and Times of Activity:

By signing this agreement, I acknowledge that the nature of the activities in which I am participating may involve risks and dangers of serious bodily injury, including (but not limited to) permanent disability, paralysis and death. These risks and other similar dangers may be caused by my own actions, or inactions, the actions, or inactions, of others participating in the activity or the circumstances in which the activity takes place. There may be other risks and dangers and social and economic losses neither known to me nor readily foreseeable at this time (the risks and dangers set forth in this section, and, as written above, are collectively the “Risks”).

I KNOWINGLY AND VOLUNTARILY AGREE TO ASSUME, ON BEHALF OF MYSELF, MY HEIRS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, ALL SUCH RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY INJURY TO MYSELF (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, AND DEATH), ILLNESS, DAMAGE TO PROPERTY, LOSS, CLAIM, LIABILITY, OR EXPENSE, OF ANY KIND (COLLECTIVELY THE “CLAIMS”) THAT I MAY EXPERIENCE OR INCUR IN CONNECTION WITH MY ATTENDANCE AND/OR PARTICIPATION IN THE ACTIVITY.

I HEREBY RELEASE, INDEMNIFY, COVENANT NOT TO SUE, WAIVE MY RIGHT TO BRING AN ACTION, DISCHARGE, AND HOLD HARMLESS HALIFAX PUBLIC LIBRARIES AND THE HALIFAX REGIONAL MUNICIPALITY, ITS MAYOR, COUNCILLORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, OF AND FROM THE CLAIMS, INCLUDING ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATING TO MY ATTENDANCE AND/OR PARTICIPATION IN THE ACTIVITY UNLESS SUCH LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES ARE A DIRECT RESULT OF HPL’S OR HRM’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT.

If the participant is under 19 years of age, the participant’s parent or legal guardian is required to sign.

I am the parent or legal guardian of the participant who I certify is under the age of 19. I also certify that I have the legal authority to represent and bind the participant. I have read these Terms and Conditions and, on behalf of the participant, voluntarily agree to be bound by its provisions.

I acknowledge and agree to the following:

1. I certify that I am physically capable and fit to participate in this Program and have no medical conditions that may affect my safety during participation in the Program and my use of the bicycle and related equipment.
2. The bicycle and related equipment, at all times, remain the exclusive property of HPL.
3. The bicycle and related equipment loans are non-transferable. I understand I am the only person authorized to use the bicycle and related equipment.
4. I understand that the bicycle is not designed for, nor is it to be used for jumps, ramps, BMX/skateboard parks, cliff drops, stunt riding or similar activities for which the bicycle was not designed.
5. I will not mechanically change or modify the bicycle configuration or components. I understand that I can only adjust the bicycle seat and handlebars, re-set a slipped chain, or adjust tire pressure.
6. I understand it is my responsibility to comply with all applicable laws and regulations when operating the bicycle.
7. I understand it is my responsibility to ensure that I have experience operating a bicycle like the borrowed bicycle.
8. I understand that the use of bicycle protective gear, such as gloves, is recommended and helmets are mandatory by Nova Scotia law, but these items do not eliminate the risk and may not reduce the risk of injury in the event of an accident.
9. I understand that if I so choose to use my own helmet, it must be certified for use by CSA, Snell, or CPSC. If my helmet does not meet these requirements, then I must borrow a helmet to use while riding the bicycle. HPL is not responsible for any loss or damage to my own supplied equipment howsoever occasioned.
10. I understand it is my responsibility to inspect the bicycle when signing to ensure no prior damage and that the bicycle is in good working condition.
11. The bicycle will be returned in clean, undamaged condition. Normal wear and tear are acceptable upon return inspection. I understand that additional fees may apply for excessive cleaning or repairs beyond normal wear and tear.
12. I understand that if I notice any damage to the bicycle, or if repairs are required, I will return the bicycle as soon as reasonably possible, with consideration to my safety, to J.D. Shatford Memorial Public Library. I also agree to notify library staff at the time of the return of the damage or area requiring repairs.
13. I understand it is my responsibility to keep the bicycle and related equipment secure at all times when not in use. I understand the lock is provided for this purpose.
14. I understand that I will only operate the bicycle during daylight hours (from sunrise to sunset).
15. I understand that I am responsible for any and all damage to the bicycle and related equipment. This includes, but is not limited to, any form of loss, theft, or damage to the bicycle and related equipment.
16. I understand that it is recommended that I carry proper identification and emergency contact information while using the bicycle and related equipment.
17. My participation in the Program shall be governed and interpreted in accordance with the laws of the Province of Nova Scotia. Any litigation involving the parties shall be brought in the Province of Nova Scotia.

FINES AND PENALTIES

I understand and accept that I must return the bicycle and related equipment on the agreed upon date and time at J.D. Shatford Memorial Public Library, 10353 St. Margaret’s Bay Road, Hubbards, NS, B0J 1T0, in the condition that I received it to avoid additional charges.

I understand that if the bicycle or related equipment is lost, damaged, or stolen, that I am responsible for replacement fees, at the rate of:

• Bicycle: 2/3 (two-thirds) of the original cost of the bicycle
• Helmet: original cost of the helmet if lost or not returned
• Lock and Chain: original cost of the lock and chain if lost or not returned

I understand and accept that should the bicycle and related equipment be returned late, I may be responsible for late fees, as they may be determined by Halifax Public Libraries, plus any additional costs that may be incurred by Halifax Public Libraries as a result of the late return.

INSURANCE

I understand that I am responsible for carrying my own travel, health, and dental insurance to cover medical care in the case of an accident, and any third-party liability that may arise from the use of the bicycle and related equipment. No coverage is available from HPL to insure me or the bicycle and related equipment from loss in the case of damage, theft, or other liability incurred during use.

SIGNATURE

I understand and accept that a copy of these Terms and Conditions will be kept on file by HPL and that all subsequent borrowing of bicycles and related equipment will be bound by the provisions herein.

If the participant is under 19 years of age, the participant’s parent or legal guardian is required to sign.

I am the parent or legal guardian of the participant who I certify is under the age of 19. I also certify that I have the legal authority to represent and bind the participant. I have read these Terms and Conditions and, on behalf of the participant, voluntarily agree to be bound by its provisions.