| 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.
|