RENTAL EQUIPMENT AND RENTAL RELEASE AGREEMENT- PLEASE READ CAREFULLY BEFORE SIGNING. 1. I accept for use as is the equipment listed on this form, and accept full responsibility for the care of the equipment while it is in my possession. 2. I will be responsible for the replacement (at full retail value) of any equipment rented under this form which is not returned to the shop, and I acknowledge my obligation to return this equipment by the agreed date in clean condition, to avoid any additional charges. 3. I agree to hold harmless and indemnify the Rockford Park District that rented or allowed me to use this equipment, as well as its owners, agents, employees, for any loss or damage, including any that results from claims for personal injury or property damage related in any way to the use of this equipment-except reasonable wear and tear of the equipment itself. 4. I understand there are inherent and other risks involved in the sport of skating, and/or recreational programming for which this equipment is to be used, and that injuries are a common and ordinary occurrence of the sport, and I freely assume those risks. 5. In consideration of all the above and also in consideration of the equipment being rented to me at my request, I hereby release the renting or providing organization and' its owners', agents and employees, from any and all liability for damage and injury to myself or to any person or property resulting from negligence, installation, maintenance, the selection, adjustment and use of this equipment, accepting myself the full and complete responsibility for any and all such damage or injury or death which may result. 6. I have made no misrepresentations to the renting or providing organization with regard to any information which they have requested of me related to the rental and/or my use of the equipment. 7. Full instructions on the use of this equipment have been made clear to me, and I understand the function of my equipment. 8. All references to Nicholas Conservatory & Gardens shall Include Nicholas Conservatory & Gardens, a facility of the Rockford Park District. I THE UNDERSIGNED HAVE READ AND UNDERSTOOD THE RENTAL AGREEMENT ABOVE. IMPORTANT INFORMATION & DISCLAIMER You are solely responsible for determining if you or your minor child/ward are physically fit and/or adequately skilled for use of the above identified rental equipment. You are further responsible for supervising any and all use of the equipment and ensuring that it is being used properly and in accordance with any instructions provided. Renter acknowledges and agrees that that Renter takes the equipment and each part thereof "as-is" and that the Park District has not made, and does not hereby make, any representation, warranty, or covenant, express or implied, with respect to the merchantability, condition, quality, durability, design, operation, fitness for use, or suitability of the equipment in any respect whatsoever or in connection with or for the purposes and uses of renter, or as to the absence of latent or other defects whether or not discoverable, or as to any obligation based on strict liability in tort or any other representation, warranty, or covenant of any kind or character, express or implied, with respect thereto, it being agreed that all risks incident thereto are to be borne by Renter and Owner shall not be obligated or liable for actual, incidental, consequential, or other damages of or to buyer or other person or entity arising out of or in connection with the use or performance of the equipment and the maintenance thereof. All rental equipment is intended for use and/or operation by the party identified above. The Rockford Park District does not permit, authorize, or intend use or operations by any other party. WAIVER & RELEASE OF ALL CLAIMS, ASSUMPTION OF RISK AND INDEMNIFICATION
Please read this form carefully and be aware that in consideration for renting the above equipment, you will be waiving and releasing any and all claims for injuries you or your minor child/ward might sustain arising out of use of the equipment, including any activity associated with or connected with use of the above equipment.
I have inspected said equipment and acknowledge that upon receipt it is in good working order with no defects or abnormalities. I understand and agree that the Park District is not providing supervision or instruction in the use of said equipment and that I am solely responsible for determining the appropriateness of the equipment for any intended use. Further, I agree to be responsible for any damage to the equipment, except ordinary wear and tear. I recognize and acknowledge that there are certain risks of physical injury to persons using this equipment, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of this rental agreement. I further agree to waive and relinquish all claims I or my minor child/ward may have (or accrue to me or my child/ward) arising out of use of this equipment against the Rockford Park District, including its officials, agents, volunteers and employees. I hereby fully and forever waive, release and relinquish any and all claims, demands and actions whatsoever that I or my minor child/ward may have against the Rockford Park District and arising out of, connected with, incidental to, or in any way associated with this agreement. I further agree to indemnify, hold harmless and defend the Rockford Park District from any and all third party claims and actions resulting from injuries, damages and losses arising out of, connected with, or in any way associated with this agreement. Account Holder Authorization: I hereby authorize the Rockford Park District to debit the credit/debit card used on this transaction a fee for any equipment rental(s) not returned by the agreed upon time. Should any debit not be honored by my bank, I understand that I am still responsible for the payment plus a $25.00 service charge. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. If registering on-line or via fax, my on-line or facsimile signature shall substitute for and have the same legal effect as an original form signature. |