By entering into this Agreement, the Bike Share Member acknowledges that participation in the Amherst College Bike Share Program (ACBS) is voluntary and no fee is charged for participation.

In consideration of the Bike Share Member’s request and permission to participate in the Bike Share Program, the Bike Share member agrees to abide by the terms and conditions of this Agreement and to assume all risks and liabilities arising out of or related to the use of bicycles under the Bike Share Program.  Further, Bike Share Member agrees to release, indemnify and hold harmless Amherst College, their trustees, servants, employees, agents, staff, and faculty from all claims associated with Bike Member's participation in the Bike Share Program.

1. The Bike Share Member certifies that he/she is eighteen (18) years of age or older and has a current, valid Amherst College ID and Bike Share ID.  The Bike Share Member acknowledges, understands, and agrees to abide by all applicable bicycle laws provided under the General Laws of the Commonwealth of Massachusetts (See Appendix A) and Amherst College policies as amended.

2. The Bike Share Member acknowledges and agrees, as a member of the Amherst Bike Share Program, to the following:

• I have seen the bicycles representative of the type used by the Bike Share Program.  I know how to ride and operate a bicycle of the type provided by the Bike Share Program.

• I shall not hold ACBS responsible for any injuries I sustain from not wearing a helmet.

• In the event of an accident, theft, or loss of the bicycle or any associated equipment, I shall immediately notify the police, and the ACBS through the accident report form found on the ACBS website.  The renter is responsible for the bike in all the instances other than extenuating circumstances which will be determined by police and the administrators of the Bike Share Program, the Office of Student Activities.  This includes compensating the Bike Share Program for any broken or missing pieces.

• I shall lock the bicycle by the frame to a secure rack or post using the provided lock.

• I shall return the bicycle to the designated Bike Share rack by the designated time after I take out the bicycle (rental periods may vary).

• I understand that if I fail to return the bicycle on time to the designated Bike Share rack, I will have to pay a fee of $5.00 for the first late day. A $10.00 late fee charge is incurred for every day after the first late day. After 10 days, the bicycle, lock, and bicycle gear will be reported stolen to the Amherst College Police Department, and I must pay the full price of the bicycle, lock, and bicycle gear.  If I am missing any one item, I am responsible for the cost of that one item.  If I lose the bicycle lock key, I am responsible for the cost of a new lock.  I may not use the Bike Share Program until I pay all late fees.

• I understand that multiple offenses will result in being banned from the Bike Share Program.

• I shall secure my key, not loan the key to anyone else or duplicate the key, and return the key to the Office of Student Activities in 018 Keefe Campus Center when returning the bicycle.

• I shall not loan the bicycle to anyone else.

• I shall treat the bicycle with respect as if it were my own.

• I shall not ride the bicycle on the city sidewalks or campus walkways, except as may be provided by the law or College policy.

• I shall not bring the bicycle into the campus residence halls.

• I understand and acknowledge that riding a bicycle carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.  The specific risks range from 1) minor injuries such as bruises, sprains, and soreness to 2) major injuries such as pulled muscles, broken bones, and fractures and 3) fatal accidents, including death.

• I shall not check-out a bicycle immediately after returning one, and shall wait for at least 24 hours after the return before checking-out a bicycle again.

• I state that to the best of my knowledge, I have no medical, physical, or mental health conditions that would hinder or prevent my active participation in the Bike Share Program.

• I understand that the Amherst College Bike Share Program is being provided at no cost to me.


3. Waiver, Release, Indemnification and Hold Harmless.

For and in consideration for my participation in the Bike Share Program and use of the bicycle under the Bike Share Program, the Bike Share Member specifically forever releases and relinquishes and discharges Amherst College, their trustees, officers, employees, servants, faculty, staff, representatives, and agents (the “Released Parties”) from and against all claims, liability, cause(s) of action and/or damages, including personal injury, property damage, wrongful death, death, injury, injury to others and/or third parties, which arise out of, result from or relate to this Agreement, the Bike Share Program, maintenance, assembly, design, use and/or operation of the bicycle; including any and all claims, rights, and causes of action that the Bike Share Member (and the Bike Share Member’s legal guardian(s), if applicable), may have are hereby waived, released and relinquished, and the Bike Share Member (and the Bike Share Member’s legal guardian(s, if applicable) does so on behalf of Bike Share’s heirs, executors, administrators and assigns.

The Bike Share Member expressly agrees to release and hold harmless the Released Parties from and against all liability for any property loss or damage, personal injury or loss of life whether caused in whole or in part by the negligence of the Released Parties and/or operating the bicycle and participating in the Bike Share Program.

The Bike Share Member freely and expressly assumes and accepts any risks and all injury to the Bike Share Member, the Bike Share Member’s personal property, and any other injury or damages as a result of the maintenance, design, and use and/or operation of the bicycle. The Bike Share Member acknowledges, understands and agrees that all of the risks and dangers related to the maintenance, design, use and/or operation of the bicycle, including those cause by the negligence of others, are included within this waiver, release and relinquished of liability described in this Agreement.

4. Indemnification.

In consideration for participating in the Bike Share Program and the use of the bicycle under the Bike Share Program, the Bike Share Member expressly agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, demands, causes of action, losses, liabilities, damages, injuries, illness, costs, third party claims, and expenses (including reasonable attorney’s fees and expert fees) arising out of, related to, or resulting from this Agreement, the maintenance, design, use and/or operation of the bicycle; the Bike Share Program even when caused in whole or in part by the Released Parties’ negligence or the negligence of others, whether presently known or unknown.

5. Warranty.

Amherst College provides no warranties express or implied. There is no warranty of merchantability or fitness for a particular purpose for the bicycles, and the Bike Share equipment is accepted “AS IS.”

6. Choice of Law.

This Agreement is entered into in the Commonwealth of Massachusetts, and the laws of the Commonwealth, without giving effect to its conflicts of law principles, govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement. Forum Selection.  The parties agree to bring any action arising out of or relating to this Agreement or the relationship between the parties in the state courts of the Commonwealth of Massachusetts which shall have exclusive jurisdiction thereof.  The Bike Share member expressly consents to the jurisdiction of the state courts of the Commonwealth of Massachusetts in any action brought by the Commonwealth or the University arising out of or relating to this contract or the relationship between the Parties, waiving any claim or defense that such forum is not convenient or proper.  This paragraph shall not be constructed to limit any other legal rights of the Parties.

7. Term.

The term of this Agreement shall last for the entirety of the 2021-2022 academic year of Amherst College.

8. Termination of Agreement.

Either party may terminate this Agreement at any time with or without cause by providing the other party with prior written notice.

THE BIKE SHARE MEMBER ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ THE ENTIRE AGREEMENT AND UNDERSTANDS THE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE WAIVER OF LIABILITY ASSUMPTION OF RISK, AND INDEMNIFICATION PROVISIONS. BIKE SHARE MEMBER EXECUTES THIS AGREEMENT VOLUNTARILY AND WITHOUT COERCION.