DEED OF ACKNOWLEDGMENT AND WAIVER OF LIABILITY, INDEMNITY AND VOLUNTARY ASSUMPTION OF RISK
By using Livelo’s hire bikes, equipment and services you accept, agree to and 'sign' Livelo's DEED OF ACKNOWLEDGMENT AND WAIVER OF LIABILITY, INDEMNITY AND VOLUNTARY ASSUMPTION OF RISK (‘DEED’).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE AGREEING / ACCEPTING / SIGNING.
At my request, Livelo Pty Ltd (Livelo) will permit me to hire a Livelo supplied bicycle and associated equipment.
In consideration of being permitted to take a hire ride on a Livelo bicycle and associated equipment and services, I agree to be bound by the terms and conditions of use and effect of this Deed of Acknowledgment And Waiver of Liability, Indemnity And Voluntary Assumption of Risk (the ‘Deed’).
I acknowledge that:
1) I am competent to perform a safety check, and will personally perform a safety check of the hire bicycle prior to my ride. This safety check includes (but is not limited to):
i. Check brake pads are not worn or rubbing on wheel or tyre.
ii. Check brake release is in down position.
iii. Check shifting and break levers are sound.
iv. Check air and condition of tyres.
v. Check wheels are sound.
vi. Check wheel quick-release is locked.
vii. Check chain and gear movement is sound.
viii. Check seat and seat post are secure.
ix. Check cables are not frayed.
x. Check front and rear lights are on before riding.
xi. Check helmet sound and adjusted for correct fit.
2) I am competent to safely ride the hire bicycle on Australian roads and in an urban environment. I will operate the bicycle and equipment safely, only for its intended use, and strictly in accordance with the road code any other applicable laws and in accordance with any instructions whether advised by Livelo or supplied with the bicycle or equipment.
3) I will wear all appropriate safety equipment at all times, including a bicycle helmet. I will not use cameras, portable music devices, phones or pagers while riding my hire bike. I will use the supplied front and rear light during my ride.
4) I take full responsibility for the maintenance and safe keeping of the hire bike and equipment during my bike hire, including during the collection period proceeding and after my hire.
I authorise Livelo to charge my nominated credit card to recover costs associated with the loss, theft, or damage of hired equipment at current Australian recommended retail prices.
5) I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any cycling activity. I am not under the effect of alcohol or drugs. I am in good health and do not suffer from any cardio-vascular, respiratory, musculo-skeletal or other medical conditions which may be affected by riding a bicycle.
6) I am over 18 years of age.
7) I am taller than 120cm and my body weight is under the maximum advised limit for the bike I have chosen to hire.
8) I agree to obey the directions and instructions of Livelo’s employees, and must not act disruptively or disturb other Hirers or interfere with a Livelo employee’s ability to conduct any part of the Hire process in a safe and secure manner. I acknowledge that the ride leader or tour guide provides advice on the direction and navigation of the ride and associated points of interested. If I am participating in a group-ride or guided tour I take full responsibility for my actions and their consequences to others.
9) That this Deed serves as a warning that cycling is an inherently dangerous recreational activity, presenting a great number of risks, such as the risk of falling, colliding with other riders or vehicles, encountering hidden obstacles or varying terrain, or the risk of injury or death from any failure of the bicycle or any of its components.
10) By signing this Deed, I agree that I voluntarily and expressly assume all the risks associated with hire and use of the bicycle and associated equipment and services supplied by Livelo, including the risk of serious injury or death.
11) By hiring a bicycle and equipment from Livelo I will be receiving a ‘recreational service’ for the purposes of the Competition and Consumer Act 2011 (as amended from time to time). I agree that the terms and rights which may be implied into a contract for the supply of goods or services for my benefit pursuant to the Competition and Consumer Act 2011and any liability of the Releasees (defined below) for death or personal injury flowing from them, are expressly excluded, restricted or modified by this declaration and this agreement.
12) A reference in this Deed to a hirer, person or party includes natural persons, corporations, partnerships, associates and associations or other legal entity.
13) In this Deed where a hire party comprises more than one person, those persons shall be bound by this Deed, jointly and severally.
14) I have carefully read (or had someone else read to me) and understood this Deed. I am also aware that by signing this Deed, it may affect the legal rights and liabilities of myself, my heirs, next of kin, executors, administrators and successors.
ON MY OWN BEHALF AND ON BEHALF OF MY HEIRS, ASSIGN AND PERSONAL REPRESENTATIVES, I HEREBY: (A) FULLY AND FOREVER WAIVE, DISCHARGE AND RELEASE LIVELO PTY LTD AND ITS RELATED BODIES CORPORATE AND THEIR VENDORS, SUPPLIERS, EMPLOYEES, PARTNERS, CONTRACTORS, AGENTS, SPONSORS, RESELLERS, INSURERS (BEING THE RELEASEES); AND (B) AGREE TO INDEMNIFY AND KEEP INDEMNIFIED THE RELEASEES, FROM ANY AND ALL LIABILITY CLAIM, DAMAGE, INJURY, LOSS, COST OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM MY HIRE RIDE AND / OR USE OF THE HIRE BICYCLE AND EQUIPMENT AND SERVICES SUPPLIED BY LIVELO (HOWEVER CAUSED AND WHETHER FATAL OR OTHERWISE).
I expressly agree that the forgoing agreement shall be construed to provide the parties being released with the broadest relief possible. If any portion is held invalid, the balance shall continue in full legal force and effect. This Deed shall be governed by the laws of New South Wales, Australia.