Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” of the rented equipment includes LowerGear Outdoors; LowerGear Rentals, lowergear. com, and all employees, officers, shareholders, agents, representatives, partners, lessors, insurers, assigns and other parties related thereto, and of the corporate parent Mast Advertising & Publishing, Inc. The “User(s)” include the renter of the equipment; any operator, passenger, or participant in any activity involving the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illness, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner from any and all liability of any nature for any and all injury or damage arising from personal injuries or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Owner.
Appears in 2 contracts
Samples: Equipment Rental Agreement, Equipment Rental Agreement
Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” In consideration of permission to participate in GPS Activities, today and on all future dates, I, the rented equipment includes LowerGear Outdoors; LowerGear RentalsPARTICIPANT/PARENT, lowergear. comon behalf of myself, my spouse, my child, my heirs, personal representatives, and all employeesassigns (collectively referred to herein, as “Releasing Parties”) do hereby release, waive, discharge, and covenant not to xxx GPS, any of their affiliates, of any of their owners, directors, officers, shareholdersemployees, volunteers, coaches, instructors, referees, independent contractors, equipment providers, agents, representativesco-participants, partnerssponsors, lessorsadvertisers, insurersand, assigns if applicable, the owners and other parties related thereto, and lessors of the corporate parent Mast Advertising & Publishingpremises on which the GPS Activities take place (collectively referred to herein, Inc. The as “User(s)” include the renter of the equipment; any operator, passenger, or participant in any activity involving the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illness, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner Protected Parties”) from any and all liability liability, claims, demands, or causes of action, including all costs, medical expenses and attorney fees, that the PARTICIPANT/PARENT may have by reason of any nature for GPS Activities, including, without limitation, any claim arising by reason of any of the Protected Parties’ negligence, or by any act or failure to act, or by any hidden, latent, or obvious defects in any equipment used during any GPS Activities, whether or not supplied or inspected by Protected Parties. I covenant not to make or bring any such claim against GPS or any other Protected Party, and forever release and discharge GPS and all other Protected Parties from liability under such claims. This Assumption Of Risk, Waiver, Release of Liability, and Indemnification Agreement (this “Agreement”) applies to 1) personal injury (including death) from incidents or illnesses arising from participation in GPS Activities (including, but not limited to, team tryouts, halftime activities at games, team promotional events, special events, soccer clinics, soccer camps, and soccer games; this includes instruction or classes, observation, use of facilities or equipment, shower/locker room area, and all premises including the associated sidewalks and parking lots) and travel to any of the foregoing; and to 2) any and all injury or claims resulting from the damage arising from personal injuries or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custodyto, care, and control, as a result of any and all activities related to the rental, operationloss of, or use theft of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Ownerproperty.
Appears in 1 contract
Samples: Assumption of Risk, Waiver, Release of Liability, and Indemnification Agreement
Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” XXXXXXXXXX agrees that if CONTRACTOR engages in fire suppression activities or logistical support, CONTRACTOR does so at CONTRACTOR'S own risk. This includes, without limitation, CONTRACTOR'S employment as an independent contractor during fire suppression activities where there is the risk of the rented equipment includes LowerGear Outdoors; LowerGear Rentalsinjury to, lowergear. comdeath of, and property damage for, CONTRACTOR. XXXXXXXXXX agrees that all employeesparticipation in these activities is voluntary and CONTRACTOR assumes all risk of injury and death to CONTRACTOR or CONTRACTOR'S contraction of any illness or medical condition that might result, officersor any damage, shareholders, agents, loss or theft of any personal property belonging to CONTRACTOR. XXXXXXXXXX agrees on behalf of himself/herself (and XXXXXXXXXX'S personal representatives, partners, lessors, insurers, assigns and other parties related thereto, and of the corporate parent Mast Advertising & Publishing, Inc. The “User(s)” include the renter of the equipment; any operator, passenger, or participant in any activity involving the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, succes- sors agents, and assigns assigns) to RELEASE and DISCHARGE the State of Washington, Department of Natural Resources and its officers, agents, employees, and programs from any and all claims, damages, and causes of action that may arise out of CONTRACTOR'S employment as an independent contractor in fire suppression activities or logistical support. This WAIVER AND RELEASE OF LIABILITY includes, but is not limited to, injuries which may occur as a result of (a) CONTRACTOR'S use of any equipment or tools, (b) claims of negligence, (c) CONTRACTOR suffering injury, death, or property damage during fire suppression activities, and (d) CONTRACTOR slipping and falling while in or on Department of Natural Resources' premises. CONTRACTOR acknowledges that CONTRACTOR has carefully read this WAIVER AND RELEASE OF LIABILITY and fully understands that it is a RELEASE OF LIABILITY. CONTRACTOR is waiving any right that CONTRACTOR may have to bring a legal action to assert a claim against the State of Washington for the State's negligence. PLEASE READ AND SIGN: I have read, understood, and accepted the conditions of the foregoingWAIVER AND RELEASE OF LIABILITY printed above. Renter IL.-- k, � 2r di1rN CONTRACTOR'S SIGNATURE PRINT NAME DATE By checking each box and all other Users signing below agree that they will be the only operatorsinitialing, passengers Contractor (or otherwise the ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees designee) certifies that he/she is voluntarily participating in all activities related to the rentalhas read, operationunderstands, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illnessagrees, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner from any and all liability of any nature for any and all injury or damage arising from personal injuries or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custody, care, and control, accepts fhe tennslconditions as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Owneroutlined.
Appears in 1 contract
Samples: Pre Season Application and Agreement
Waiver and Release of Liability. PARTIES TO THIS AGREEMENT - The “Owner” XXXXXXXXXX agrees that if CONTRACTOR engages in fire suppression activities or logistical support, CONTRACTOR does so at CONTRACTOR'S own risk. This includes, without limitation, CONTRACTOR'S employment as an independent contractor during fire suppression activities where there is the risk of the rented equipment includes LowerGear Outdoors; LowerGear Rentalsinjury to, lowergear. comdeath of, and property damage for, CONTRACTOR. XXXXXXXXXX agrees that all employeesparticipation in these activities is voluntary and CONTRACTOR assumes ail risk of injury and death to CONTRACTOR or CONTRACTOR'S contraction of any illness or medical condition that might result, officersor any damage, shareholders, agents, loss or theft of any personal property belonging to CONTRACTOR. XXXXXXXXXX agrees on behalf of himself/herself (and XXXXXXXXXX'S personal representatives, partners, lessors, insurers, assigns and other parties related thereto, and of the corporate parent Mast Advertising & Publishing, Inc. The “User(s)” include the renter of the equipment; any operator, passenger, or participant in any activity involving the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, succes- sors agents, and assigns assigns) to RELEASE and DISCHARGE the State of Washington, Department of Natural Resources and its officers, agents, employees, and programs from any and all claims, damages, and causes of action that may arise out of CONTRACTOR'S employment as an independent contractor in fire suppression activities or logistical support. This WAIVER AND RELEASE OF LIABILITY includes, but is not limited to, injuries which may occur as a result of (a) CONTRACTOR'S use of any equipment or tools, (b) claims of negligence, (c) CONTRACTOR suffering injury, death, or property damage during fire suppression activities, and (d) CONTRACTOR slipping and falling while in or on Department of Natural Resources' premises. PLEASE READ AND SIGN: I have read, understood, and accepted the conditions of the foregoingWAIVER AND RELEASE OF LIABILITY printed above. Renter OR'S SIGNATURE PRINT NAME Xxxxxxxxx Xxxxxxxxx DATE 4-5-21 By checking each bo� and all other Users signing below agree that they will be the only operatorsinitialing, passengers Contractor (or otherwise the ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death. EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees designee) certifies that he/she has read, understands, agrees, and accepts the tL__errms/conditions as outlined. Dr. J-n(ractor initials) I certify that I am 18 years of age or older. !�contractor initials) --- ) I certify that I own, or have permission from the owner to operate, the vehicle/equipment contracted under this Aareement. ],,..0...,-- (cQ)ltractor initials) I certify that the vehicle/equipment contracted under this Agreement is voluntarily participating in all activities related good working condition. "'6;--:,..yy-.-�..,,,,,,.,-- (Q.QQ!ractor initials) (contractor initials) --- - I certify that the vehicle/equipment contracted under this Agreement is properly licensed. I certify that I have the necessary wildland fire safety training and/or qualifications needed to operate a vehicle/equipment to perform or support fire suppression activities. This is evidenced through possession of a valid Incident Qualification Card or a wildland fire safety training document as outlined in RCW 76.04.181. I I - �ontractor initials) 3 I certify that I have read, understand, accept, and agree to the rental, operation, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illness, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner from any and all liability of any nature for any and all injury or damage arising from personal injuries or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place content in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Ownerits entirety within DNR's current vears Washinaton State Waae & Eauipment Rate Guide.
Appears in 1 contract
Samples: Pre Season Agreement Amendment