The Hobart Free E-Bike Library Scheme (“Library”) is a resource established and operated by the Hobart City Council, Birota Pty Ltd t/as Hobart Bike Hire and Bicycle Network Tasmania. The Library provides e-bikes on a loan basis for trial use by borrowers for up to a two week period. There is no charge for the loan.
YOUR PARTICIPATION IN THE HOBART FREE E-BIKE LIBRARY SCHEME IS CONDITIONAL ON YOU HAVING SIGNED THESE TERMS AND CONDITIONS AND WAIVER
Cycling is an activity that has inherent risks. Any person utilising a bike borrowed through the Library scheme does so entirely at their own risk. It is a condition of participation in activities conducted by the Library that it, its proprietors, servants or agents are absolved from all liability arising from injury or damage howsoever caused (and whether fatal or otherwise) arising out of utilising a borrowed bicycle in any way caused by or arising out of any activity carried on by the Library whether or not such injury or damage is in any way due to any negligent act, breach of duty, default and/or omission on the part of the Library, its proprietors, servants or agents. Any person participating in cycling activity associated with the Library are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
ACKNOWLEDGMENTS AND ASSUMPTION OF RISK
I fully understand and acknowledge that operating or riding on a bicycle is an activity that has its own unique risks and that serious injury or death could result from operating or riding on the bicycle through no fault of my own. I voluntarily and expressly agree to assume the entire risk of any accidents or personal injury, including death, which I might suffer or incur as a result of my operating or riding on the bicycle.
To the extent that I may be or become the operator of the bicycle I warrant that:
I possess the requisite skill, knowledge, confidence, and experience to operate the bicycle in a safe manner, and
I am not now under the influence of alcohol, drugs, other illegal substances, or any medications, which may impair my judgement or ability to operate or ride on the bicycle; and I will not operate or ride on the bicycle while under the influence of alcohol, drugs, other illegal substances, or medication.
I have examined the bicycle and have been given an opportunity to ask questions regarding the operation and management of the bicycle. I am satisfied that it is in good operable condition.
I warrant that I:
- know and fully understand how to operate and/or ride the bicycle;
- will be fully liable to all repair and other costs (including any excess payable to an insurer) associated with an incident/accident without limitation;
- understand that the Library may halt the hire if any of these terms of hire are breached;
- will return the bicycle to the location I collected it from (or as directed by the Library) at the end of the loan period and in the same condition as at commencement of the hire period
- will operate, maintain and store the bicycle strictly in accordance with any instruction provided by the Library, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether or not supplied by the Library; and
- will not use the bicycle for any illegal purpose.
I warrant that I have sufficient physical fitness and am in an appropriate condition to allow me to operate and/or ride the bicycle. I understand that the Library has not made, and will not make, any investigation into my physical fitness or ability to operate and/or ride the bicycle and that the Library is relying on this Waiver and my participation in operating and/or riding the bicycle as a warranty of my physical condition
I will not allow any other person to operate or ride on the bicycle for any reason unless he/she is specifically permitted to do so by the Library via the loan of approved child-carrying accessories at time of pick-up. I agree to operate or ride on the bicycle safely, defensively and within the limits of the law and my abilities. I will only operate or ride on the bicycle in accordance with the Tasmanian Road Rules 2019.
I agree to use a secure fitting and approved helmet at all times while operating or riding on the bicycle. I agree to use all provided locking mechanisms to secure the bicycle while under my control.
I agree to pay the Library all of the following charges that may come due; all fines, penalties, forfeitures, court costs and any other expenses that may be assessed against you but which are due by reason of my care, custody, control, possession, operation or use or the bicycle.
I agree to lodge a security deposit of $500 with the Library for the period of the loan. The security deposit may be used to recover costs of loss or damage to the bike during the loan period
BICYCLE LOAN RELEASE OF LIABILITY
I, the undersigned, on behalf of myself and my heirs, personal representatives, successors and assignees (collectively “Heirs and Assigns”), in consideration of the loan of a bicycle from and/or the permission to ride a bicycle r owned by the Library, to the greatest extent permitted by law release and discharge the Library, its respective affiliates, officers, directors, employees and agents (the “Released Parties”) from all claims, liabilities, demands, causes of action (including negligence, breach of contract or breach of any statutory or other duty of care), costs and expenses of any nature whatsoever (“Claims”) of all kinds which I or any of my Heirs and Assigns now or later have against any Released Party resulting from or arising out of my loan or any use by any person of the bicycle and that regardless of whether such Claims relate to design, manufacture, repair, operation or maintenance of the bicycle or the conditions under which the bicycle is used.
I confirm that this release extends to all claims of all types I or any of my Heirs and Assigns have or may have against the Released Parties arising out of my rental or any use by any person of the bicycle.
I acknowledge and understand that by signing this Release I and my Heirs and Assigns agree not to sue any or all of the Released Parties for any injury or death to myself, my property, any other person or such person’s property resulting from or arising out of my rental or any use by any person of the bicycle.
I acknowledge that I have been advised of and agree to waive on my own behalf and on behalf of my Heirs and Assigns, all benefits which would otherwise limit the scope of the release.
By signing this release, I certify that I have read this release and fully understand it, that I am not relying on any statements or representations of any of the Released Parties and that I have been given the opportunity and sufficient time to read and ask questions regarding this release.
I have inspected the bicycle and noted and reported any damage that was evident on the bicycle from prior use.
Undertakings
I also agree and undertake:
- for myself, my Heirs and Assigns, to indemnify the Library and its assigns, and at all future times to keep each of them indemnified against all Claims, suits, actions, causes of action or other claims or proceedings of whatsoever nature, by whomsoever made and however arising, whether as a consequence of negligence or otherwise, out of consequence of me operating and/or riding a bicycle;
- to abide by all directions and requirements of the Library; and
Governing Law
I agree that this Waiver is governed by the laws of the State of Tasmania, and I agree that any litigation relating to this Waiver must be instituted in the State of Tasmania.