Strava 'not liable for activities' in updated T&Cs
By BikeRadar UK | Wednesday, June 20, 2012 10.54am
Strava's email urges all users to take a close look at their new terms and conditions Strava
Strava have issued an updated version of their terms and conditions which states that they're not liable for any activities connected with the site.
While users received an email detailing the updates on 19 June, the new T&Cs were published on Strava.com on 13 June. This was five days before they learned of a lawsuit claiming negligence on their part in the death of a cyclist killed allegedly chasing a 'King of the Mountains' record.
In the new terms, Strava make it clear that they're not responsible for cyclists' welfare while out riding and that they do so at their own risk. The key wording is detailed below:
"YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SITE (INCLUDING BUT NOT LIMITED TO CYCLING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF STRAVA OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT STRAVA DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILIZES STRAVA’S SITE.
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"YOU EXPRESSLY AGREE TO RELEASE STRAVA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES."
The wording is more a tightening up of the previous T&Cs rather than a complete overhaul. The most most notable addition is the last sentence of the first paragraph, which says they won't assume responsibility for how a race, group ride or event that uses their site pans out.
The lawsuit, filed in California on Monday by the family of a man killed in a collision with a car while allegedly speeding in pursuit of a downhill 'King of the Mountains segment', drew a strong response from BikeRadar readers yesterday, with the majority backing Strava. A recurring sentiment was that, while it's always a tragedy for any cyclist to die doing what they loved, people should obey the rules of the road and be responsible for their own actions.
Update: Strava would like to make it clear that the changes to their terms and conditions was posted live on Strava.com on 13 June before they had knowledge of the lawsuit, with their iPhone and Android apps updated shortly afterwards. This was the reason why users didn't receive the update email until 19 June.
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