This Release of Liability Waiver and Indemnity Agreement ("Agreement") is made and entered into as of [Date] by and between:
WHEREAS, Company offers equipment rentals (the "Equipment"); and
WHEREAS, Renter desires to rent Equipment from Company.
IN LIGHT OF THE INHERENT RISKS ASSOCIATED WITH THE USE OF EQUIPMENT, and in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Acknowledgement of Risk. Renter acknowledges and understands that the use of the Equipment involves inherent risks, including but not limited to:
Renter understands that these risks cannot be eliminated and voluntarily assumes all risks associated with the use of the Equipment.
2. Assumption of Risk. Renter assumes all risk of injury or property damage arising out of or in any way connected with the use of the Equipment, regardless of the cause of such injury or damage.
3. Release of Liability. Renter hereby releases, discharges, and waives any and all claims, demands, losses, damages, rights of action or causes of action of any kind, known or unknown, arising out of or in any way connected with the use of the Equipment, including but not limited to:
4. Waiver of Claims. Renter waives any and all rights and benefits conferred by any statute or regulation that would otherwise limit the effect of this Agreement, to the fullest extent permitted by law.
5. Inspection and Functionality. Renter acknowledges that they have been given the opportunity to inspect the Equipment for any defects or damage before the rental period begins. Renter further acknowledges that they have received instructions on the proper use and operation of the Equipment.
6. Use of Equipment. Renter agrees to use the Equipment only for its intended purpose and in a safe and responsible manner.
7. Return of Equipment. Renter agrees to return the Equipment to Company in the same condition as it was received, normal wear and tear excepted, by the end of the rental period. Renter is responsible for all costs associated with any loss or damage to the Equipment beyond normal wear and tear during the rental period.
8. Right to Refuse Rental. Company reserves the right to refuse to rent Equipment to any person for any reason, including but not limited to safety concerns or inability to meet age or identification requirements.
9. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
13. Signature Requirements
Print Name:
Date:
Title:
Disclaimer: This template is for informational purposes only and should not be considered a substitute for legal advice. It's highly recommended to consult with a lawyer to ensure your Equipment Rental Release of Liability Waiver and Indemnity Agreement meets all legal requirements in your jurisdiction and effectively protects your business.
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