WARNING: BY SIGNING THIS AGREEMENT, YOU GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY
IN CONSIDERATION OF renting the Equipment described in the Flextoy Powersports Inc. (“Flextoy”) Snowmobile Rental Agreement, I, the Undersigned, for myself, my personal representatives, heirs and next of kin, hereby acknowledge and agree as follows:
1. Assumption of Risk. I hereby acknowledge that there are certain inherent risks, dangers and hazards associated with my use and operation of the Equipment. These risks may include serious injury, death and/or property damage. I acknowledge and agree that I am freely and voluntarily assuming any and all risks, dangers and hazards associated with my use and operation of the Equipment.
2. Release. I hereby release Flextoy, its respective directors, officers, agents, employees, contractors, affiliates and representatives (collectively, the “Releasees”), from any and all liability that they or any of them may have, for any loss, damage, personal injury, death, property damage or other loss, sustained by me in connection with, or as a result of, my use and operation of the Equipment, due to any cause whatsoever, including without limitation the negligence of the Releasees.
3. Waiver of Claim. I hereby waive any and all claims that I may, now and in the future, have against the Releasees, or any of them, and I agree not to sue the Releasees, or any of them, for any loss, damage, personal injury, death, property damage or other loss, sustained by me in connection with, or as a result of, my use and operation of the Equipment, due to any cause whatsoever, including without limitation the negligence of the Releasees.
4. Indemnity. I hereby agree to indemnify and save harmless the Releasees and each of them from any and all liability, costs (including legal costs), claims, damages, demands, actions and causes of action at law, by statute and/or equity arising as a result of any loss, damage, personal injury, death or property damage suffered on account of my use and operation of the Equipment.
5. Rules and Regulations. I acknowledge that I have read the Flextoy Rental Agreement and I understand the rules and regulations set forth therein and that I have obtained the necessary licenses and/or registrations to safely operate the Equipment. I further acknowledge that operating the Equipment under the influence of alcohol and/or drugs is against the law and increases the risks referred to herein. I certify that I am not in an intoxicated state and will remain so during the rental period.
6. Liability Insurance Acknowledgment. I acknowledge and agree that I am solely responsible to maintain my own Motor Vehicle Liability Insurance policy and that such policy will remain valid throughout the duration of the Flextoy Snowmobile Rental Agreement. Any medical and/or liability claim that may arise as a result of my use and/or operation of the Equipment is to be covered exclusively by my own policy.
7. Medical Disclaimer. I certify that I am in good health and do not suffer from any conditions which may endanger the safety of myself or anyone else and that I am capable of safe operation of the Equipment.
8. No Representation. I am not relying on any representation or statement made by the Releasees, whether oral or in writing, to induce me to enter into this Agreement.
9. Entire Agreement. If any term or condition of this Agreement shall be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.
10. Binding Agreement. I agree that this Agreement constitutes a legally binding obligation enforceable in accordance with its terms, and that it shall continue to bind me and my heirs, executors, legal representatives and personal assigns.
11. Governing Law. This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
I CONFIRM THAT I AM AT LEAST 19 YEARS OF AGE AND THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
October 3, 2022