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WHITFORDS RAINBOW TOY LIBRARY - WAIVER, RELEASEAND INDEMNITY FOR BICYCLE AND SCOOTERSWhitfords Rainbow Toy Library ("Provider") is pleased to make bicycles and scootersavailable to subscribers ("the Service").As a subscriber to the Service you acknowledge that there are dangers and risksinherent with bicycle and scooter riding (the “Activity”) to which any child under yoursupervision ("Your Child") may be exposed.The Provider does not provide protective clothing or bicycle helmets and it is yourresponsibility to ensure that Your Child wears a helmet at all times and is otherwiseappropriately attired when participating in the Activity. You agree that Your Child willparticipate in the Activity at your own risk. You also agree to voluntarily assumeresponsibility for supervising the Activity and any injury, death or property damage youor Your Child may suffer or cause as a result of participating in the Activity.To the maximum extent possible at law, you (both in your personal capacity and onbehalf of Your Child) agree to release, hold harmless and indemnify the Provider and itsrespective officers, employees, servants, agents and contractors (the “IndemnifiedPersons”) against all actions, claims, suits, costs, expenses, demands and damagessuffered or incurred by the Indemnified Persons or any one or more of them by reasonof, or in respect of, or in any manner whatsoever arising out of, or caused by, your useof the Service or Your Child's participation in the Activity.You agree that you are subscribing to the Service on the express condition that theProvider:(a) will, under no circumstances be liable or responsible in any manner whatsoever forany death, loss, accident, damage or injury to you, Your Child or any of your servants,agents, contractors, visitors or invitees or any other person whatsoever (“RelatedParty”) which may happen as a result of your use of the Service or Your Childparticipating in the Activity; and(b) will not incur or be under any liability whatsoever to you, Your Child, or to anyRelated Party for any loss, damage or injury to or in respect of any of your property or ofany Related Party’s property.The Provider is not liable to you, Your Child or any Related Party in respect of anyindirect or consequential loss. For the avoidance of doubt, ‘consequential loss’ meansloss or damage arising from a breach of contract, tort (including negligence), understatute or any other basis in law or equity of an indirect or consequential natureincluding, but without limitation, loss of profits, loss of revenue, loss or denial ofopportunity, loss of goodwill, loss of business reputation, future reputation or publicity,damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or anysimilar loss whether or not in the reasonable contemplation of the parties.
Conditions of Membership here