Liability 4 – Bike Rack Rental

This Waiver, Release, and Hold Harmless Agreement (the “Agreement”) is entered into by and between the user of the bike racks (“Renter”) and Nayar Enterprises LLC (“Provider”), as well as the organization that contracted Provider to provide bike rack rental services (collectively, the “Released Parties”).

1. Voluntary Participation: Renter acknowledges that their use of the bike rack(s) provided by Released Parties is wholly voluntary.

2. Assumption of Risk: Renter understands and agrees that the use of the rented bike rack(s) involves inherent risks, including but not limited to personal injury, property damage, or loss. Renter 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 bike rack(s), Renter, 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 Renter or to any property belonging to Renter, while using the rented bike rack(s), regardless of whether such loss is caused by the negligence of the Released Parties or otherwise.

4. Indemnification: Renter 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 Renter’s rental and use of the bike rack(s).

5. Proper Use and Inspection: Renter agrees to use the bike rack(s) only for its intended purpose and in a safe manner. Renter acknowledges that they have inspected the bike rack(s) and found it to be in good condition and suitable for use.

6. No Guarantee of Security or Safety: Renter expressly acknowledges and agrees that the provision of bike rack(s) by the Released Parties in no way guarantees the security or safety of any items left on those racks. Renter understands that they are solely responsible for securing their property and assumes all risks associated with leaving any items on the rented bike rack(s).

7. Severability: Renter 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.

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

By using the bike rack(s), Renter acknowledges that they have read this Agreement, understand its contents, and agree to be bound by its terms. Renter further acknowledges that they are waiving substantial legal rights, including the right to sue, and are signing this Agreement freely and voluntarily, without any inducement.