Waiver from Liability and Indemnification

The following waiver is included as part of our agreement with the Philadelphia Parking Authority (PPA) and only applies to the use of vehicles located at PPA properties. In consideration of being allowed to participate in and utilize a vehicle as part of the car-share program sponsored by PhillyCarShare and intending to be legally bound, the Member:

1. Agrees that prior to using a PhillyCarShare ("PCS") vehicle I will inspect the vehicle to be used and the parking lot in which the vehicle is located, and if I believe anything in or about the vehicle or the parking lot where the vehicle is located is unsafe, I will immediately advise PCS of such conditions and refuse to use the vehicle.

2. Acknowledge and fully understand that each participant in PCS will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions or negligence, but the action, inaction or negligence of others, or the condition of the PCS vehicles and parking lots where the vehicles are parked. Further, that there may be other risks associated with PCS not known or not reasonably foreseeable at this time.

3. Assume all the foregoing risk and accept personal responsibility for the damages following such injury, permanent disability or death.

4. Release, waive, discharge and covenant not to sue PCS, its administrators, directors, agents, and other employees; the City of Philadelphia (the "City"), its officials, officers, agents, boards, commissions and employees; and other participants, sponsoring agencies, and sponsors, all of whom are hereinafter referred to as "releasees", from any and all liability to the undersigned, his or her heirs and next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or part by negligence of the releasee or otherwise.

5. Agree to indemnify PCS and the City, its officials, officers, agents, boards, commissions and employees, to the fullest extent available under the law for any suit brought against PCS, its administrators, directors, agents, and other employees; the City, its officials, officers, agents, boards, commissions and employees; and other participants, sponsoring agencies, and sponsors, from any and all liability arising in any way from my role as a participant in PCS for any demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or part by negligence of PCS, its administrators, directors, agents, and other employees; the City, its officials, officers, agents, boards, commissions and employees; and other participants, sponsoring agencies, and sponsors.

I HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS AND ASSUME SUBSTANTIAL RESPONSIBILITY BY SIGNING IT, AND SIGN IT VOLUNTARILY. Continuing with the Online Orientation implies agreement with this Waiver.

To print Agreement, click here.

 

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