I accept this rental equipment AS IS and without any warranty, express or implied, beyond those in this agreement, and in the manufacturer’s written warranty, if any. I agree to return all rental equipment in clean and dry condition, and will replace at full retail value any rental equipment not returned to REI. To avoid any additional rental charges, I agree to return the rental equipment by the agreed date. I agree to be fully responsible for the care of this rental equipment and will reimburse REI for any loss or damage to it, other than reasonable wear and tear.
RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION
In consideration of this rental and any other associated equipment, I agree to the terms contained in this document.
- I understand and agree that the terms of the RELEASE apply to the “USER” of the equipment defined as follows: “USER” includes any adult or minor who actually uses the rental equipment and also includes the person signing the RELEASE. If I am signing the RELEASE on behalf of any USER other than myself, including a minor, I verify that I have the authority to enter into this agreement on behalf of the USER, that I have provided accurate information regarding the USER and I agree to HOLD HARMLESS and INDEMNIFY REI for any claims brought by or on behalf of the USER.
- If I am signing this RELEASE on behalf of any USER other than myself, I agree to provide that USER with any relevant safety and usage information regarding that equipment, including but not limited to any information provided to me by REI.
- RISKS OF ACTIVITIES: USER understands that the activity for which this equipment is rented is INHERENTLY HAZARDOUS and that while engaging in the activities USER may encounter or be exposed to any number of risks, hazards and dangers – including equipment failures and negligence resulting in injuries, and that USER’S property may also be damaged.
- ASSUMPTION OF RISK/RELEASE OF LIABILITY: The USER assumes the above-mentioned risks as well as other risks not listed that are part of the rental and related activity – including injury or loss caused by negligence. The USER understands that the rental equipment and any other equipment provided or borrowed or rented from REI is used at the USER’S own risk. The USER herby RELEASES REI and it’s affiliates, manufacturers of the equipment, and their respective employees, agents, officers, and directors “(the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occurs to the USER or to any other person or to any property related in any way to the use of the rental equipment and any other associated equipment. This RELEASE includes, but is not limited to, claims for negligence and strict liability for abnormally dangerous activities, including negligence in the selection, fitting, maintenance and inspection of the equipment or failure to provide proper instruction, technical direction or safety equipment. USER agrees NOT TO SUE or make a claim against the Released Parties for injuries or damages in relation to the use of the equipment.
- IN CASE OF EMERGENCY: In case of any emergency, USER understands to call 911
- INDEMNIFICATION HOLD HARMLESS AND DEFEND: USER promises to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 4) against any and all claims, including claims for the Released Parties’ own negligence. USER also promises to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for USER’S own negligence, and any other claim arising from USER’S use of the rental equipment. In accordance with these promises, USER will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, they incur because of any such claims made against them. USER agrees that in the event of USER’s death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on USER’s estate, and USER’S personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
- REPRESENTATIONS & AGREEMENT: USER agrees that USER is solely responsible for USER’S health and safety, and certifies that USER has the experience, skill and ability necessary to use the rental equipment, and the USER is in good physical health. USER agrees that the USER is responsible for knowing how to properly use the rental equipment and for obtaining necessary instruction if needed. If USER believes the rental equipment is not functioning properly, USER will stop using it and will return it to the store for inspection, repair or adjustment by a qualified technician. USER agrees not to misuse or abuse the rental equipment, and to use caution while using it. USER understands how the rental product works, and any and all questions that USER has regarding the system have been asked and fully answered. USER understands and agrees that certain risks of outdoor activities may be reduced, but not eliminated, by taking lessons and by using care and common sense.
- SEVERABILITY, APPLICABLE LAW, FORUM & ATTORNEY FEES: The USER agrees that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION as broad and inclusive as is permitted by Washington law. If any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. USER also agrees that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this agreement. This agreement is governed by and construed in accordance with the laws of the state of Washington, without any reference to its choice of law rules. Any dispute arising from this agreement or in any way associated with the rental or related activity shall be brought only in the Superior Court of King County in Seattle, Washington or in the U.S. District Court for the Western District of Washington.
BY SIGNING BELOW, YOU ACCEPT ALL THE TERMS OF THIS AGREEMENT, INCLUDING RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION ABOVE.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT INCLUDING THE RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION ON THE BACK (OR ON THE FOLLOWING) PAGE. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.