NOTICE OF RELEASE OF LIABILITY, WAIVER OF CLAIMS,

AND ASSUMPTION OF RISK — BICYCLE RACK USE

Carmel Valley Village Improvement Committee (CVVIC) Bicycle Racks

NOTICE: BY USING THIS BICYCLE RACK, YOU AGREE TO THE TERMS BELOW. IF YOU DO NOT AGREE, DO NOT USE THIS BICYCLE RACK.

This Notice of Release of Liability, Waiver of Claims, and Assumption of Risk (“Agreement”) applies automatically to any individual (“User”) who parks, locks, retrieves, or otherwise uses the bicycle rack(s) (“Bicycle Rack(s)”) located at the property described below. The Bicycle Rack(s) are made available as a courtesy by the Carmel Valley Village Improvement Committee (“CVVIC”) and the owner of the property on which the Bicycle Rack(s) are situated (“Property Owner”), (CVVIC and Property Owner are, together, the “Releasees”). User's act of using the Bicycle Rack(s) in any way constitutes User's full acceptance of this Agreement, without the need for a signature, and is treated as legally binding acknowledgment and acceptance of its terms to the same extent as if User had signed it.

1. Voluntary Use and Acceptance by Conduct

Use of the Bicycle Rack(s) is entirely voluntary. No one is obligated to use the Bicycle Rack(s). By choosing to park, lock, retrieve, or otherwise use the Bicycle Rack(s), User acknowledges that they have read, understood, and agree to be bound by this Agreement in full, in the same manner as if they had signed a written copy of it. Users who do not agree to these terms must not use the Bicycle Rack(s).

2. Assumption of Risk

User understands and acknowledges that the use of bicycle parking facilities, including the Bicycle Rack(s), involves inherent risks, including but not limited to:

Theft, vandalism, or damage to the bicycle or its components or accessories;
Damage to the bicycle caused by weather, other bicycles, pedestrians, vehicles, or third parties;
Personal injury arising from loading, unloading, locking, or unlocking a bicycle from the rack;
Defects, wear, instability, or improper installation of the rack or surrounding surface; and
Any other loss, damage, or injury arising from or related to the presence, condition, or use of the Bicycle Rack(s) or the surrounding property.

User voluntarily and knowingly assumes full responsibility for all such risks, whether known or unknown, foreseen or unforeseen.

3. Release and Waiver of Liability

In consideration for being permitted to use the Bicycle Rack(s), User, on behalf of themselves and their heirs, executors, administrators, assigns, and legal representatives, hereby releases, waives, discharges, and covenants not to sue CVVIC, the Property Owner, and their respective officers, directors, members, volunteers, employees, agents, and representatives (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, theft, or personal injury, including death, that may occur as a result of User's use of the Bicycle Rack(s), whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

4. No Duty to Insure or Guard Property

User acknowledges that the Bicycle Rack(s) are provided as a convenience only. Neither CVVIC nor the Property Owner assumes any duty to inspect, maintain, insure, guard, monitor, or provide security for bicycles or property left at the Bicycle Rack(s), and no bailment relationship is created between User and the Released Parties. User is solely responsible for securing their own bicycle and property.

5. Indemnification

User agrees to indemnify and hold harmless the Released Parties from any and all claims, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to User's use of the Bicycle Rack(s), except to the extent caused by the sole gross negligence or willful misconduct of the Released Parties, where such limitation is required by applicable law.

6. Governing Law and Severability

This Agreement shall be governed by the laws of the State of California, without regard to conflict-of-law principles. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

7. Acknowledgment

User acknowledges that this Agreement is posted or provided at or near the Bicycle Rack(s) and that User has had a reasonable opportunity to read it before using the Bicycle Rack(s). User's use of the Bicycle Rack(s) constitutes User's knowing and voluntary acceptance of all terms of this Agreement, including the release of legal rights described above, without the need for a written signature.

8. Minors

Individuals under 18 years of age should use the Bicycle Rack(s) only with the knowledge and permission of a parent or legal guardian, who by permitting such use accepts the terms of this Agreement on the minor's behalf.