Liability 3 – Secure Bike Parking Waiver

This Waiver, Release, and Hold Harmless Agreement (the “Agreement”) is entered into by and between the person leaving their bike, scooter or any other equipment (“User”) and Nayar Enterprises LLC (“Provider”), as well as the organization that contracted Provider to provide secure bike parking services (collectively, the “Released Parties”).

1. Voluntary Participation: User acknowledges that their use of the secure bike parking facilities provided by Released Parties is wholly voluntary.

2. Assumption of Risk: User understands and agrees that the use of the secure bike parking facilities involves inherent risks, including but not limited to theft, damage, or loss of property. User voluntarily assumes all such risks, both known and unknown, even if arising from the negligence of the Released Parties.

3. Waiver and Release: In consideration for being permitted to use the secure bike parking facilities, User, on behalf of themselves and their heirs, assigns, personal representatives, and next of kin, hereby waives, releases, and discharges the Released Parties from any and all claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by User or to any property belonging to User, while using the secure bike parking facilities, regardless of whether such loss is caused by the negligence of the Released Parties or otherwise.

4. Indemnification: User agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, brought as a result of User’s use of the secure bike parking facilities.

5. No Guarantee of Security: User acknowledges that while the bike parking facilities are designed to be secure, the Released Parties do not guarantee the absolute security of User’s property and are not responsible for any theft, damage, or loss that may occur.

6. Severability: User agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

7. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.

By using the secure bike parking facilities, User acknowledges that they have read this Agreement, understand its contents, and agree to be bound by its terms. User further acknowledges that they are waiving substantial legal rights, including the right to sue, and are entering into this Agreement freely and voluntarily, without any inducement.