WAIVER AND RELEASE OF LIABILITY

In consideration of SouthWest Transit (“SWT”) providing me with a coupon code (“Code”) that I can use as a credit toward the charge for a ride that I am going to arrange for myself using the Lyft application, website, and technology platform (“Lyft Platform”), I agree to the following legally binding agreement:

Assumption of Risk. I am aware that SWT does not select the drivers who provide rides in connection with the Lyft Platform (“Lyft Drivers”). I understand that that SWT will not be assigning or selecting the specific Lyft Driver who will be providing my ride. I acknowledge that SWT has no control over the quality or safety of the transportation that occurs as a result of my arranging a ride using the Lyft Platform. I understand that accepting a ride from a Lyft Driver includes certain inherent risks, including, but not limited to, my own negligence, the negligence of the Lyft Driver, the negligence of other users of the roads on which I may travel, and improper maintenance of vehicles and roads. These risks may result in serious consequences, including, but not limited to personal injury and death. I assume full responsibility for the inherent risks, and the potential consequences of those risks, to which I am exposing myself and any minor children who may be riding with me.

Release. I willingly and voluntarily request that SWT provide me with the Code, so that I may use the Code in connection with a ride that I am going to arrange for myself using the Lyft Platform. In consideration of being provided with the Code, I hereby release SWT and its commissioners, employees, and agents from any and all liability, claims, demands, actions or rights of action that are related to, arise out of, or are in any way connected with (1) the Lyft ride for which I am requesting, accepting, and using the Code; and (2) the negligent or allegedly negligent acts and or omissions  of SWT and its commissioners, employees, and agents. This release shall be binding upon me, my successors, representatives, heirs, executors, assigns, and transferees.

Indemnification. I accept full responsibility for any injury that I may cause to myself or anyone else, or that any minor child riding with me may cause to him/herself or anyone else, due to my or such child’s negligent, grossly negligent, reckless, willful, or intentional acts. I agree to indemnify and hold harmless SWT and its commissioners, employees, and agents from all liability, losses, damages, costs, and expenses of any nature (including attorney fees) that arise in any way from my or such child’s negligent, grossly negligent, reckless, willful, or intentional acts. I agree to indemnify any person or entity for attorney fees and costs incurred to enforce this agreement.

I have read and understood this Waiver and Release of Liability. I understand that by clicking “I accept,” I am waiving valuable legal rights. If any portion of this Waiver and Release of Liability is held invalid, I agree that the remainder of this Waiver and Release of Liability shall remain in full legal force and effect.

By clicking “I accept,” I agree to be bound by the above Waiver and Release of Liability.

 

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