Common use of Release and Limitation of Liability Clause in Contracts

Release and Limitation of Liability. 5.1. FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE BIKE AND TO THE FULLEST EXTENT PERMITTED BY LAW, RIDER, FOR HIMSELF OR HERSELF AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) THE OPERATORS AND THE OPERATORS’ OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, (ii) ANY MUNICIPALITY WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE A BIKE SHARE PROGRAM, AND (iii) ANY OWNER OF PROPERTY WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE REAL PROPERTY ON WHICH A BIKE SHARE FACILITY, INCLUDING, WITHOUT LIMITATION, STATIONS, HUBS, RACKS, INTENDED FOR BIKE SHARE USE (ALL, COLLECTIVELY, THE “OPERATOR PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING BUT NOT LIMITED TO, FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO RIDER OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO: (A) THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE BIKES, OR THE OPERATORS’ WEBSITES; (B) ANY RISK, DANGER OR HAZARD DESCRIBED IN THIS AGREEMENT; (C) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE OPERATOR EQUIPMENT; (D) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW; (E) ANY NEGLIGENE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER OR A THIRD PARTY; OR (F) RIDER’S FAILURE TO WEAR PROTECTIVE GEAR SUCH AS A HELMET WHILE UTILIZING THE OPERATOR EQUIPMENT. 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 ANY OPERATOR, THE OPERATOR PARTIES OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE OPERATOR PARTIES WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING A BIKE, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMS. 5.2. IF ANY OF THE OPERATORS OR THE OPERATOR PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF RIDER’S USE OF THE OPERATOR EQUIPMENT, INCLUDING THE BIKES, OR THE OPERATORS’ WEBSITES, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO SUCH OPERATOR BY RIDER.

Release and Limitation of Liability. 5.1. FOR IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE END USERS, YOU RELEASE HOMEMAKER (AND IN CONSIDERATION OF RENTAL AND USE OF THE BIKE AND TO THE FULLEST EXTENT PERMITTED BY LAW, RIDER, FOR HIMSELF OR HERSELF AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) THE OPERATORS AND THE OPERATORS’ OUR OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERSDIRECTORS, AGENTS, REPRESENTATIVESINVESTORS, (ii) ANY MUNICIPALITY WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE A BIKE SHARE PROGRAMSUBSIDIARIES, AND (iii) ANY OWNER OF PROPERTY WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE REAL PROPERTY ON WHICH A BIKE SHARE FACILITY, INCLUDING, WITHOUT LIMITATION, STATIONS, HUBS, RACKS, INTENDED FOR BIKE SHARE USE (ALL, COLLECTIVELY, THE “OPERATOR PARTIES”EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTESOR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, LOSSESKNOWN AND UNKNOWN, LIABILITIESSUSPECTED AND UNSUSPECTED, DEBTSDISCLOSED AND UNDISCLOSED, LIENSARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CHARGESIN NO EVENT SHALL HOMEMAKER OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, PENALTIESOFFICERS, PROCEEDINGSEMPLOYEES, CAUSES AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE OR SERVICES; OR (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE OR SERVICES, OR ANY PORTION THEREOF, EVEN IF HOMEMAKER OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION AND ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES INCLUDING BUT NOT LIMITED TO, FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO RIDER SUCH CLAIM OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TOCAUSE OF ACTION SHALL BE NO GREATER THAN THE GREATER OF: (A) THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF AMOUNT YOU PAID TO HOMEMAKER FOR PRODUCTS AND SERVICES IN THE OPERATOR EQUIPMENT, INCLUDING THE BIKES, OR THE OPERATORS’ WEBSITES; LAST MONTH AND (B) ANY RISK, DANGER OR HAZARD DESCRIBED IN THIS AGREEMENT; ONE HUNDRED U.S. DOLLARS (C) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE OPERATOR EQUIPMENT; (D) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW; (E) ANY NEGLIGENE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER OR A THIRD PARTY; OR (F) RIDER’S FAILURE TO WEAR PROTECTIVE GEAR SUCH AS A HELMET WHILE UTILIZING THE OPERATOR EQUIPMENT. 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 ANY OPERATOR, THE OPERATOR PARTIES OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE OPERATOR PARTIES WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING A BIKE, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMS$100). 5.2. IF ANY OF THE OPERATORS OR THE OPERATOR PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF RIDER’S USE OF THE OPERATOR EQUIPMENT, INCLUDING THE BIKES, OR THE OPERATORS’ WEBSITES, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO SUCH OPERATOR BY RIDER.

Release and Limitation of Liability. 5.1. FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE BIKE AND TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAWAPPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, RIDERIN NO EVENT SHALL SLTX, FOR HIMSELF ITS AFFILIATES, OR HERSELF AND ON BEHALF SUPPLIERS (INCLUDING ANY OF RIDER’S HEIRSITS OR THEIR PARTNERS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) THE OPERATORS AND THE OPERATORS’ OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERSAGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVESCONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (ii) ANY MUNICIPALITY WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE A BIKE SHARE PROGRAMINCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND (iii) ANY OWNER OF PROPERTY WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE REAL PROPERTY ON WHICH A BIKE SHARE FACILITY, INCLUDING, WITHOUT LIMITATION, STATIONS, HUBS, RACKS, INTENDED FOR BIKE SHARE USE (ALL, COLLECTIVELY, THE “OPERATOR PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING BUT NOT LIMITED TO, FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO RIDER OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”STRICT LIABILITY IN TORT), INCLUDING UNKNOWN NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR UNANTICIPATED CLAIMSDAMAGE TO DATA, WHICH ARISE INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO: IN CONNECTION WITH (A) THIS AGREEMENT THE SOFTWARE OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/RELATED SERVICES; OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE BIKES, OR THE OPERATORS’ WEBSITES; (B) ANY RISK, DANGER OR HAZARD DESCRIBED IN THIS AGREEMENT; (C) RIDER’S USE OFPRODUCTS AND SERVICES ACCESSED THROUGH THE SOFTWARE, OR INABILITY TO USEANY PORTION THEREOF, EVEN IF SLTX OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE OPERATOR EQUIPMENT; (D) RIDER’S BREACH POSSIBILITY OF THIS AGREEMENT OR RIDER’S VIOLATION SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LAW; (E) ANY NEGLIGENE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER OR A THIRD PARTY; OR (F) RIDER’S FAILURE TO WEAR PROTECTIVE GEAR SUCH AS A HELMET WHILE UTILIZING THE OPERATOR EQUIPMENTLIMITED REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS YOU EXPRESSLY WAIVE AND RELEASE AND HOLD HARMLESS AGREEMENT INCLUDES ANY AND ALL CLAIMS RELATED TO RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ARISING FROM THE SOLE OR PARTIAL NEGLIGENCE ANY ANALOGOUS LAW OF ANY OPERATOROTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE OPERATOR PARTIES OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE OPERATOR PARTIES WHICH RIDER CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF, DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, A BIKECOURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMS. 5.2. STRICT LIABILITY IN TORT), AND EVEN IF ANY SLTX HAS BEEN ADVISED OF THE OPERATORS POSSIBILITY OF SUCH CLAIM OR THE OPERATOR PARTIES ARE DEEMED TO HAVE LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY LIABILITY UNDER REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT. NO ACTION ARISING OUT OF THIS AGREEMENT OR ARISING OUT OF RIDER’S YOUR ACCESS TO OR USE OF THE OPERATOR EQUIPMENTSOFTWARE, INCLUDING THE BIKES, REGARDLESS OF FORM OR THE OPERATORS’ WEBSITES, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT BASIS OF THE MEMBERSHIP CLAIM, MAY BE BROUGHT BY YOU MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN (OR RENTAL PAID TO IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH OPERATOR CAUSE AROSE) AND YOU HEREBY WAIVE ANY LONGER STATUTE OF LIMITATIONS THAT MAY BE PERMITTED BY RIDERLAW.

Release and Limitation of Liability. 5.1. FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE BIKE AND TO THE FULLEST EXTENT PERMITTED ALLOWED BY GEORGIA LAW, RIDERLICENSEE ACKNOWLEDGES AND AGREES THAT GPC’S LIABILITY FOR DAMAGES TO PROPERTY, FOR HIMSELF BODILY INJURY OR HERSELF DEATH TO ANY PERSON SHALL BE LIMITED SOLELY TO ACTS AND ON BEHALF OF RIDEROMISSIONS CAUSED BY GPC’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) THE OPERATORS AND THE OPERATORS’ OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, (ii) ANY MUNICIPALITY WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE A BIKE SHARE PROGRAMNEGLIGENCE, AND (iii) ANY OWNER OF PROPERTY WITH WHICH THE OPERATORS HAVE CONTRACTED WITH XXXXXX AGREES TO PROVIDE REAL PROPERTY ON WHICH A BIKE SHARE FACILITY, INCLUDING, WITHOUT LIMITATION, STATIONS, HUBS, RACKS, INTENDED FOR BIKE SHARE USE (ALL, COLLECTIVELY, THE “OPERATOR PARTIES”) AND RELEASES GPC FROM ANY AND ALL CLAIMSLIABILITY FOR DAMAGES TO PROPERTY, DEMANDSBODILY INJURY OR DEATH TO ANY PERSON EXCEPT TO THE EXTENT CAUSED BY GPC’S NEGLIGENCE. LICENSEE FURTHER AGREES THAT, DISPUTESTO THE EXTENT ALLOWED BY GEORGIA LAW, LOSSESGPC SHALL NOT BE LIABLE FOR INDIRECT, LIABILITIESINCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, DEBTSSAVINGS OR REVENUES OF ANY KIND AND THAT ANY CLAIM BROUGHT AGAINST GPC BY A THIRD PARTY ARISING FROM AN ACT OR OMISSION OF LICENSEE SHALL BE SUBJECT TO AND COVERED BY THE INSURANCE POLICY LICENSEE ACQUIRES PURSUANT TO ITS CONTRACTUAL OBLIGATIONS UNDER THIS AGREEMENT, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING BUT NOT LIMITED TO, FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGEPROVIDED THAT ANY SUCH POLICY SHALL PROVIDE COVERAGE IN ACCORDANCE WITH, AND INJURY TO RIDER OR TO THIRD PARTIES (COLLECTIVELYNOT LESS THAN, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO: (A) THIS AGREEMENT OR THAT DESCRIBED IN THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION TERMS AND CONDITIONS OF THE OPERATOR EQUIPMENTACCG- XXXX COVERAGE AGREEMENT EFFECTIVE 1 JULY 2011, INCLUDING THE BIKES, OR THE OPERATORS’ WEBSITES; (B) ANY RISK, DANGER OR HAZARD DESCRIBED IN THIS AGREEMENT; (C) RIDER’S USE OF, OR INABILITY AS ENDORSED TO USE, ANY OF THE OPERATOR EQUIPMENT; (D) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW; (E) ANY NEGLIGENE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER OR A THIRD PARTY; OR (F) RIDER’S FAILURE TO WEAR PROTECTIVE GEAR SUCH ADD GPC AS A HELMET WHILE UTILIZING THE OPERATOR EQUIPMENT. 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 ANY OPERATOR, THE OPERATOR PARTIES OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE OPERATOR PARTIES WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING A BIKE, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMSAN "ADDITIONAL MEMBER. 5.2. IF ANY OF THE OPERATORS OR THE OPERATOR PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF RIDER’S USE OF THE OPERATOR EQUIPMENT, INCLUDING THE BIKES, OR THE OPERATORS’ WEBSITES, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO SUCH OPERATOR BY RIDER."