LIABILITY WAIVER AGREEMENT ComfyDomeGlamping, LLC In consideration of use of the equipment owned by ComfyDome Glamping, LLC (“ComfyDome”), including the use of such equipment on ComfyDome property, and in addition to the payment of any fee or charge, by signing below, I hereby waive, release, and discharge ComfyDome, its owners, officers, agents, and representatives of any responsibility for injuries or damages to me or my property resulting from my use of such equipment, even if such injuries or damages are sustained as a result of the fault or negligence of ComfyDome, its officers, owners, agents, or representatives.
I agree that I will only use ComfyDome kayaks in lakes and ponds. I will not use ComfyDome kayaks in the ocean. I will be responsible to ComfyDome for any loss, damage, or costs incurred by ComfyDome as a result of my violation of this restriction, including any increase in insurance premium.
I understand that use of the equipment provided, rented, leased, used, or otherwise available by and through ComfyDome (collectively, “equipment”) involves risk of property loss, serious injury, and death, and that I am voluntarily using the equipment with knowledge of the dangers involved. I understand that kayaking and bicycling are potentially hazardous activities, involving risks such as drowning, falls, collision with watercraft or vehicles, and injury or death due to inclement weather. I understand that roof racks or other securing equipment may damage my property. I am physically sound and suffering from no condition, disease, or illness that would prevent my use of the equipment.
I agree that I have carefully examined the equipment and find it suitable for the purpose for which it is leased and/or used and that the equipment is in suitable and acceptable condition. I hereby agree to maintain all equipment in a safe, dependable condition while in my custody and will bear the expense of repair or replacement, as determined by ComfyDome, if I do not do so. I agree that ComfyDome shall not be liable for damages caused by accident, breakdown or malfunction of equipment. In the event of malfunction, breakdown, or defect discovered after acceptance of the equipment, I will immediately report the same to ComfyDome. Continued use of it by me shall be entirely at my own risk and I assume all liabilites of injury and damage to all persons and property due to its continued use.
I agree not to use, nor permit the use, of the equipment for any unlawful purpose, in a negligent manner, while under the influence of alcohol and/or narcotics, or by any person not the signatory of this agreement.
I agree to indemnify and hold ComfyDome harmless of, from, and against any and all loss, costs, damages, attorney fees and costs, in connection with my use of the equipment and with the enforcement of this agreement by ComfyDome. It is agreed that venue of any action hereunder shall be in Lincoln County, Maine, and the parties expressly waive any defense to venue.
ComfyDome reserves the right to cancel rental of equipment due to weather.
Should any term of this agreement be held void or unenforceable, it shall be deemed severed and the enforceability of the remainder shall not be affected.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING BELOW, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. |