droidno9
Joined 7 years ago
Joined 7 years ago
"In exchange for Rider being allowed to use Services, Vehicles, and other equipment or related information provided by Operator, Rider agrees to fully release, indemnify, and hold harmless Operator, Technology Services Provider and all of its and their owners, managers, affiliates, employees, contractors, fleet management service providers, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which Rider utilizes Services, and every property owner or operator with whom Operator has contracted to operate Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Rider’s use of the Services, Vehicles, App, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims."
The key to this whole thing is for a judge or jury to toss out the latter indemnification as unconscionable. If this indemnification clause is found to be unconscionable here, it could potentially open up Bird to significant liability in future cases. Bird is going to fight tooth-and-nail to make sure this is not the outcome, or offer to settle once it has enough information to figure out that the legal winds are not blowing in its favor.
This is one of the reasons why lawyers use templates, as a defense against brain farts where we write "disclaimer" instead of "disclosure."
I'm wondering about the use case of developers actually wanting to send out contracts (on behalf of their employer, I assume). Is this something that your clients who are software developers are asking for?
Disclosure: I'm a lawyer and software developer.
Edit: Correct a brain fart.
On non-disc road bikes, the tire size is limited by not only the width of the rims, but also by what the brake calipers can accommodate. For example, newer Shimano rim-brake calipers can accommodate tires up to 28mm in width, whereas older versions only up to 25mm in width. With disc bikes, the tire size is limited by what the wheel and frame can accommodate.
Gravel bike tires are all over the place, with companies making frames that can accommodate 700c, 29", and/or 27.5" wheels. And thus tire variations can be quite overwhelming.
Best of luck!