Hi Everyone, I'm sorry for bombarding you with emails. I promise it will stop at some point. Take a look at the user/rental agreements for Bird, Lime, and Jump. There's an addition that requires riders to release municipalities from liability. I don't know the date that the waiver/release included municipalities, but that may be worth finding out in the event of litigation. Here's the language from these agreements organized by company. I don't know if this language will hold up in court, but I can imagine a scenario where a judge wouldn't be too happy about the rider assuming this kind of risk, especially when we know people don't bother to read the user/rental agreements. If there are any other user agreements you'd like me to look at please let me know. UBER/JUMP (d) YOU WAIVE, RELEASE, AND FOREVER DISCHARGE Social Bicycles LLC, it's parents, subsidiaries and affiliates (including, without limitation, Uber Technologies, Inc. and its subsidiaries and affiliates), the Program's sponsors, organizers, promoters, staff, advertisers, volunteers, property owners, administrators, contractors, any and all other vendors and all other individuals or entities involved with the Program, and all state, city, town, county, and other governmental bodies and their elected and appointed officials, officers, employees, agents, and other municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Program takes place, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the "Released Parties") from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort, statutory, or other grounds), which You have or may have in the future, including court costs, attorneys' fees and litigation expenses (individually and collectively, the "Claims") that may arise out of, or result from, Your participation in the Program, including death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses, EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS, OMISSIONS, OR THE CARELESSNESS OF THE RELEASED PARTIES AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. You expressly waive all rights under California Civil Code Section 1542, and similar laws applicable in other jurisdictions, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. Any such release is intended to be a complete and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as direct or intended third party beneficiaries of such releases. LIME 5. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK. 5.1. Releases : "Claims" means, collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Products, equipment or related information, and/or (b) Your use of any of the foregoing. "Released Persons" means, collectively (i) Lime and all of its owners, managers, affiliates, employees, agents, representatives, successors, assigns, licensors, licensees, distributors, vendors or third parties with whom Lime authorizes or otherwise partners with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize Lime to operate any of its Services, and (iii) to the extent You access the Services using a third party application, website, content, products, or services, that third party and all of its owners, managers, affiliates, subsidiaries, employees, directors, agents, representatives, successors, and assigns. In exchange for being allowed to use any of the Services, and other equipment or related information provided by Lime, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. You expressly agree to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using any of the Services. BIRD Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards. To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Bird, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of Bird Services, and expressly waives Rider's rights under any statutes that purport to preserve Rider's unknown claims. Best, Negheen [photo] Negheen Sanjar Director of Legal Research International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image003.jpg@01D57F71.D47B4CA0]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D57F71.D47B4CA0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D57F71.D47B4CA0] <http://twitter.com/imlalegal> [cid:image006.jpg@01D57F71.D47B4CA0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7105 M (202)-246-5375 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's 2019 Mid-Year Seminar<https://imla.org/events/seminars>, April 24-27 in Washington, DC! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!