Please Read Carefully Before Signing - This is a Release of Liability and Waiver of Certain Legal Rights This agreement is between AJAX OUTFITTERS, LLC (AO) and Client to shuttle Client's vehicle. I, Client, agree to the following waiver and release: I acknowledge that moving my vehicle(s) has inherent risks, hazards, and dangers that cannot be eliminated. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION: (1) Risks involved in completing the job as instructed, including but not limited to: theft, vandalism, damage from fire or elements, and the possibility of hitting animals, other vehicles, fixed objects, and debris on the road; (2) Risks from vehicle(s) that may be unattended before pickup or after delivery by AO including but not limited to theft, vandalism, damage from fire or the elements; (3) Risks associated with the decision-making conduct of the driver; (4) Other risks, hazards, and dangers that are inherent in and integral to driving and moving vehicles, including without limitation those associated with transportation to and from the access points. If, upon arrival for pickup, AO determines, as it may in their sole and absolute discretion that the vehicle(s) is/are not in safe driving condition, AO may elect not to transport the unsafe vehicle(s) and will be free of all further liability, duty, or obligation. I have read and understand the information provided by AO regarding shuttle service and travel to and from the areas for such service and acknowledge that AO does not carry insurance on my vehicle and that the driver has been given permission to drive my vehicle and is thus covered under my insurance policy for liability. In the event that I do not carry comprehensive or collision insurance, I agree that AO will not be responsible for any damage that might otherwise be covered by such insurance policies. I understand that the inherent risks, hazards, and dangers listed are only a partial description of those that may exist. I AM VOLUNTARILY GIVING PERMISSION TO MOVE MY VEHICLE WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ACKNOWLEDGE, ASSUME, AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, DEATH OR DAMAGE DUE TO ANY TYPE OF ACCIDENT. Lastly, for myself, my heirs, successors, and executors, hereby knowingly and intentionally waive and release, indemnify and hold harmless AJAX OUTFITTERS, LLC, its directors, officers, shareholders, agents, and employees from and against all claims, actions, causes of action, demands, liabilities, suits, damages, losses, costs, expenses (including reasonable attorney fees), and mental anguish, emotional distress, injury, paralysis, or death to me or my property as a result of this shuttle agreement., whether such damages, loss, pain, suffering, mental anguish, emotional distress, injury, paralysis, or death results from the ordinary negligence of AO, or some other cause. The venue for any dispute arising between the parties shall be in a court of competent jurisdiction in the County of Gunnison, Colorado. This release is intended to be a comprehensive release of liability but is not intended to assert defenses that are prohibited by law. Additionally, if I have an ongoing relationship with AO, by signing this waiver I agree that this waiver is applicable each time I engage AO. I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT AND UNDERSTAND THAT NEITHER I NOR ANY MEMBER OF MY FAMILY OR OTHER PERSON ACTING THROUGH ME WILL HAVE TO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST AJAX OUTFITTERS, LLC. November 21, 2024 |