To request a rented bike, please read the following agreement and fill out the form at the bottom. Once you hit submit you will receive an response confirming your submission and notifying you that Facilities will follow up shortly. Thank you.
DREW UNIVERSITY FACILITIES AND SUSTAINABILITY OFFICE
RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
Bicycle Rental Program
I am voluntarily participating in Drew’s Bicycle Rental Program managed by the office of Sustainability via the Facilities Department located in Pepin Building during the listed academic year.
In consideration for allowing me to participate in the Program and the use of the Drew bicycle, I hereby acknowledge and agree to the following:
- RULES AND REQUIREMENTS: As a condition of my voluntary participation in the Program, I understand I will be required to observe all local and state laws and ordinances of the state in which the Program is located in. I agree to observe all regulations in effect at Drew University and the Program site. I also agree to comply with Drew University’s policies and procedures, including Daniel’s Dictionary, the Human Rights Policy and Program regulations. I understand and agree that I will be expected to comply with standards of acceptable behavior and appropriate conduct of the Program, as discussed with Program administrator(s) and in written Program materials. I understand that any violation of these requirements, as well as academic failure, may constitute grounds for expulsion from the Program and the referral of any violations to Drew University for handling. I understand that I will be responsible for any costs or expenses related to my expulsion from the Program.
Additional Requirements under this Agreement are as follows:
- I understand that only one (1) bicycle may be rented per academic semester.
- I will use the bicycle in a safe and appropriate manner.
- I agree to pay the required Registration Fee to the Office of Sustainability via the Facilities Department.
- I will abide by Drew’s recommendation for the use of a helmet in compliance with New Jersey’s Title 39 of the New Jersey Motor Vehicles and Traffic Regulations. Please see: https://www.state.nj.us/transportation/commuter/bike/regulations.shtm
- I will review and comply with the requirements under Title 39 of the New Jersey Motor Vehicles and Traffic Regulations.
- I also agree not to park the bicycle or otherwise secure it in the vicinity of any entry and exit from any shop, restaurant, or business.
- I agree and understand the bicycle cannot be taken outside the Greater Madison-Chatham-Morristown area.
- I acknowledge that I will have access to a sound working bicycle equipped with bicycle lock at the onset of this Agreement.
- I agree to assume responsibility and agree to lock the bicycle securely and properly in order to prevent theft and use by those not registered to use the bicycle.
- I acknowledge that I will be financially responsible for the bicycle as a result of my own misuse or neglect of the bicycle, including accidents in which damages are sustained to the bicycle. I will notify email@example.com the bicycle (or a part) is damaged, in need of adjustment or repair and to promptly bring the bike to Facilities Service Response for any repairs. Pickup of a disabled bicycle can be arranged if necessary by calling Facilities at 973-408- 3510.
- I agree that if the bicycle assigned to me is not returned by the end of rental period, I will be charged $400 to my student account.
- I understand that Drew bicycles will be distributed on a first-come-first-served basis.
- I further understand that I will not be eligible to rent a Drew bicycle if the bicycle was not returned by me in a timely manner at the end of the previous rental period.
- BEHAVIOR: I agree to refrain from any risky or inappropriate behavior including any behavior surrounding alcohol or drug use as indicated within Title 39 of the New Jersey Motor Vehicles and Traffic Regulations. I understand I am subject to and bound by Drew University student conduct codes even if off-campus including Drew’s alcohol and drug policy, Drew’s human rights policies, the entirety of Daniel’s Dictionary (for students), Human Resources policies (for employees) and all faculty-related policies (for faculty).
- INFORMED CONSENT: I have been informed of and I understand the various aspects of the Program. I understand that physical exercise can be strenuous and can subject me to the risk of serious injury. I understand that that there are other risks involved in participating in the Program. These risks include, but are not limited to:
I understand the risks associated with operating a bicycle, including accidents, falls, collisions, or crashes with motor vehicles and other cyclists that could result in serious physical injury. I understand that injuries could also occur due to user’s operation of the bicycle and certain conditions that may heighten the risk of accidents, falls, collisions, or crashes such as, i.e. weather conditions, travelling conditions, traffic conditions and other risks not known to me or not reasonably foreseeable to me at this time. In addition, I understand that as a Participant in the Program, I could sustain serious personal injuries, illness, property damage, or even death, including as a consequence of not only Drew’s actions or inactions, but also the actions, inactions, negligence or fault of others. I further understand and agree that any injury, illness, property damage, disability, or death that I may sustain by any means is my sole responsibility, except for those occurrences due to Drew’s gross negligence or intentional acts.
Knowing these risks, I still choose, knowingly and voluntarily, to participate in the Program to be for the dates specified. My decision is made with full knowledge of the risks that are inherently associated with the Program.
- ASSUMPTION OF RISK: I understand that there are potential dangers incidental to my use and operation of the Drew bicycle via my voluntary participation in the Program, some of which may be dangerous and which may expose me to the risk of personal injuries, property damage, or even death. I understand that these potential risks include, but are not limited to: accidents resulting from travel to and from both on and off campus sites, the conditions at those site, injuries due to condition of equipment at those sites, weather conditions, facility conditions, wildlife, negligent first aid provided by Releasees, and other risks that are unknown at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ACTS OF THE RELEASEES, UNLESS THEY ARISE FROM THE RELEASEES’ INTENTIONAL OR GROSSLY NEGLIGENT ACTS, and assume full responsibility for such risks. I understand that Drew is not responsible to any person for my acts or omissions.
- PERSONAL MEDICAL INSURANCE: I affirm that during the term of the Program I will maintain personal medical insurance in compliance with Drew mandated requirements. I further acknowledge that I am responsible for the cost of any and all medical and health services I may require as a result of participating in the Program.
- CERTIFICATION OF FITNESS TO PARTICIPATE: I attest that I am physically and mentally fit to participate in the Program and that I do not have any medical record or history that could be aggravated by my participation in this Program and confirm that, as a participant in this Program, I am covered by a health insurance policy. Drew University reserves the right to deny or revoke participation in the Program.
- MEDICAL CONSENT: I understand and agree that Releasees may not have medical personnel available at the location of the Program and that I may require medical treatment at the site of the Program or at a nearby medical facility. In the event of any medical emergency, I authorize and consent to diagnosis, treatment, and medical care that such medical personnel deem necessary for my safety and protection. I understand and agree that Releasees assume no responsibility for any injury or damage which might arise out of or in connection with such authorized treatment.
- I hereby grant Drew the right to use, for promotional purposes only, any photographs of me taken by Drew, its employees or agents, during my participation in the Program.
- CHOICE OF LAW: I hereby agree that this Agreement shall be construed in accordance with the laws of the State of New Jersey and venued therein.
- Adherence to Law: I agree to adhere to all local, state and federal laws regarding the proper operation of a bicycle, including but not limited to adherence with all local and state automobile driving laws, traffic laws and motor vehicles laws in accordance with the operation of the Drew bicycle and participation in this Program. Please review the State of New Jersey Department of Transportation site: https://www.state.nj.us/transportation/commuter/bike/regulations.shtm for specific understanding of some of the New Jersey law requirements.
- SEVERABILITY: If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement the validity of the remaining portions shall not be affected thereby.
- RELEASE OF INFORMATION: I agree that the University and/or its agents may disclose information regarding me, including information contained in my educational record as defined under the Family Educational Rights & Privacy Act (FERPA), as necessary in the judgment of University officials to protect my safety, health, or welfare, or as associated with the institutional needs of the Program.
- RELEASE AND WAIVER OF LIABILITY: I RELEASE, HOLD HARMLESS, INDEMNIFY and DISCHARGE Drew, including its governing board, directors, officers, employees, Program leaders, agents, contractors, independent contractors, volunteers or other students (collectively termed “Drew”) from any and all liability, claims, demands or causes of action for injuries or damages, whether to me, other persons or property, arising out of my participation in the Program, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH OCCURS WHILE IN, ON, UPON, OR IN TRANSIT TO OR FROM THE PREMISES WHERE THE PROGRAM, OR ANY ADJUNCT TO THE PROGRAM, OCCURS OR IS BEING CONDUCTED. I agree that I WAIVE and WILL NOT SUE or make any other claim against Drew for any injury, loss or other damage regardless of whether the injury, damage or death is caused by Drew, unless the injury, damage or death is caused by Drew’s gross negligence or intentional misconduct.
I also understand and agree that Drew may not be held responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in the Program, or any activities occurring at the Program Location or as the result of the negligence of any party, including Drew, unless such injury results from Drew’s gross negligence or intentional misconduct. I further agree that Drew is not in any way responsible for any injury or damage that I sustain as a result of my own negligent acts. I also understand and agree that Drew is not responsible for any injury or damage that I sustain if I travel independently or am otherwise separated or absent from the Program, during, before or after the term of the Program.
I understand and agree that I am voluntarily giving up and waiving my right to sue the Released Parties. I represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be precluded from claiming otherwise because of my representations to the Released Parties.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE, WAIVER, AND ASSUMPTION OF
RISK AGREEMENT BY READING IT BEFORE SIGNING AND I SIGN IT ON BEHALF OF MYSELF AND MY HEIRS.
I further state that I am of lawful age and legally competent to sign this assumption of risk, waiver and release of liability. I understand the terms herein are contractual in nature and limit my legal rights. I have signed this Agreement of my own free act and with the knowledge that I am agreeing to waive and give up legal rights. If any provision of this Agreement is found to be unenforceable, invalid, or otherwise in conflict with any governing law, the remaining portions shall continue to have full force and effect.