Release of Liability and Indemnity Agreement


Release of Liability and Indemnity Agreement

Please read this contract carefully before signing. It releases GearGrab Rentals, LLC from liability and waives certain rights.

 

The person who will use the equipment rented from GearGrab Rentals, LLC (“GGR”) shall be referred to hereinafter as “Participant.” The term “Undersigned” means the Participant when the Participant is age 18 or older, OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. In consideration for the equipment, Participant is renting from GGR, and the Participant’s use of GGR equipment, I, the Undersigned, understand, acknowledge, and contractually agree as follows (“the Agreement”):

 

  1. Acknowledgement of Dangers and Risks: The Undersigned understands, acknowledges, and agrees that utilizing GGR rental equipment to participate in water sports and related activities (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. The undersign understands, acknowledges, and agrees that they are a “recreational participant” under the Wyoming Recreation Safety Act (W.S. § 1-1-121 et. seq.), and that participation in the Activity involves certain inherent dangers and risks. The Undersigned agrees that the following dangers or risks are inherent to the Activity, but that the following list is not exhaustive and that there may be other dangers or risks that are inherent to the Activity not listed below: falling into water; water immersion including drowning; striking objects under the surface of the water; failure to properly control rental equipment as a result of a lack of adequate knowledge, experience, or skill; injurious contact with natural and manmade objects and/or your own rented equipment or that of other participants; capsizing or sinking; inflatable equipment malfunction; punctured or deflating watercraft; slipping, tripping, or falling; slippery surfaces; all manner of equipment failures or malfunction; breaking or malfunctioning personal floatation device; and unfamiliarity with equipment. I understand, acknowledge and agree that participating in water sports has many inherent risks too numerous to list here which may result in injury or death, and that GGR has no obligation to inform me of those risks, and that it is my right and obligation to research those risks. Before renting equipment from GGR, I agree that my understanding, or lack thereof, of such inherent risks shall have no legal effect in the event of an incident resulting in injury or death.

 

  1. Acknowledgement of Limitations of Equipment: The Undersigned understands that any and all equipment rented from GGR may malfunction, fail, not fit properly, or otherwise not function as intended. The Undersigned acknowledges and agrees that a) the Participant is responsible for selecting the proper size personal flotation device and fitting it to their body; and b) although personal flotation devices may be rented, this equipment is no guarantee of the Participant’s safety, and such equipment may not protect the Participant from all injuries, including the types of injuries that the personal flotation device is designed to prevent. The Undersigned understands that if the Participant does not wear a personal floatation device, or other personal protective equipment, the Undersigned is taking full responsibility for these The undersigned acknowledges that not all conceivable safety equipment is included in this rental, and that Participant must supply any safety equipment they deem advisable or necessary for the Activity.

 

  1. Assumption of Risk: The Undersigned acknowledges and agrees that the Participant is choosing to take part in the Activity despite the many potential dangers and inherent risks of doing so, and freely chooses to accept the inherent and non-inherent risks of doing so despite the many potential dangers. The Undersigned further acknowledges and agrees that there are other such dangers that may not be specifically set forth in this document. By signing this agreement, the Undersigned recognizes that property loss, serious injury, and death are all possible while participating in the Activity. The Undersigned expressly acknowledges and assumes all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, whether inherent or not, that may result in physical injury, property damage, or death. The undersigned expressly assumes all risks on behalf of any person participating in the Activity, whether a signatory to this Agreement or not.

 

  1. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for GGR’s agreement to rent equipment to Participant, THE UNDERSIGNED HEREBY AGREES NOT TO SUE GEARGRAB RENTALS, LLC, its affiliated companies and subsidiaries, including but not limited to those that operate GGR, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s renting of equipment from GGR  and participation in the Activity. By signing this Agreement Not to Sue, the Undersigned is releasing any right to make a claim or file a lawsuit against any Released Party. Also, the Undersigned agrees to hold harmless and release each and every released party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s rental of equipment and participation in the Activity, including, but not limited to those claims based on any released party’s alleged or actual negligence, breach of any contract and/or express or implied warranty, products liability, or negligent entrustment.

 

  1. Agreement to Indemnify: Undersigned agrees to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Participant and/or a third party arising in whole or in part from Participant’s or any third party’s use of GGR rental equipment participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf and/or any third party files any lawsuit or brings any claim for injury or damage against released parties, Undersigned will be required to pay back to all such released parties all sums of money incurred by, or paid by or on behalf of any of the released parties on account of the bringing of such suit or claim, including all attorneys fees and

 

  1. Acknowledgement that Agreement is a Binding Contract: The Undersigned understands and acknowledges that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives of the

 

  1. Agreement to Application of Wyoming Law and Selection of Forum: In consideration for allowing Participant to participate in the Activity, the Undersigned agrees that any and all claims for injury and/or death arising from the Participant’s participation in the Activity shall be governed by Wyoming law, and that the exclusive jurisdiction for any claim shall be in the District Court of Teton County,

 

  1. Participant’s Responsibilities and Representations: The Undersigned represents that the Participant is physically and mentally capable of utilizing any equipment they rent and participating in the Activity. The Participant assumes the responsibility for GGR’s equipment at all times while engaging in the Activity. The Participant agrees and understands that she/he must have the physical dexterity and knowledge to utilize safely and competently any and all rented equipment provided by GGR. The Undersigned agrees that it is the Undersigned or Participant’s responsibility to conduct a reasonable visual inspection of all equipment Participant will be using for the purposes of familiarization with their use(s).

 

  1. Equipment Agreement: The Undersigned acknowledges and warrants that the Participant will be directly engaged using the listed equipment during this rental period. The Undersigned accepts for the equipment for use “as is” and accepts full responsibility for the care of the equipment while it is in the Participant’s control. The Undersigned agrees that GGR will be notified if the equipment is not functioning properly, agrees that the Participant will stop using the equipment, and agrees that the equipment will be promptly returned to GGR. The Undersigned further agrees to return all rental equipment to GGR in an undamaged, clean, and dry condition by the agreed date and time. The Undersigned understands that any equipment returned in damaged, soiled, or wet condition will be subject to damage fees and/or cleaning fees. The Undersigned acknowledges and agrees that any GGR rental equipment lost, stolen, or significantly damaged by Participant will be replaced by Participant at the equipment’s current retail value, as determined by GGR based upon sales data for the rental year. [contact-form-7 404 "Not Found"] 

I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.

 

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Signature Certificate
Document name: Release of Liability and Indemnity Agreement
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May 28, 2021 11:59 am MDTRelease of Liability and Indemnity Agreement Uploaded by Kelsey Hummel - [email protected] IP 207.183.171.75