I accept full responsibility
for the Equipment listed on this this form (referred to after this
as “the Equipment”). I agree to pay for any damage to the Equipment and replace
the Equipment at full retail value if it stolen or damaged to such an extent
repairs are not reasonable or practical. I agree that if I keep the Equipment
longer than the time for which I have it booked, I will pay the posted rental
rates for the entire time I have the Equipment in my possession.
I will not use the
Equipment without fully understanding its use and function. I understand and
agree that the Equipment will not function as optimally intended at all times
under all circumstances, and may be adversely and unpredictably affected by
wear, inclement weather conditions, moisture, terrain and the like. I accept
this Equipment “as is”, with no warranties expressed or implied.
ASSUMPTION OF RISK
I am aware that Wilderness
Activities, including cycling, mountain biking, hiking, skiing, snowboarding,
snowshoeing, snowmobiling and other forms of backcountry recreation and travel,
involve risks, dangers and hazards. The terrain used for Wilderness Activities
is uncontrolled and may include cliffs, trees, tree wells and tree stumps,
rocks, boulders, forest deadfall, ice, holes and depressions, fences and other
manmade structures. Avalanches occur.
I am aware that
injuries are common and ordinary occurrences during Wilderness Activities. I
understand and agree that the Releasees cannot guarantee safety or freedom from
injury or death while using the Equipment.
RELEASE OF LIABILITY, WAIVER
OF CLAIMS AND INDEMNITY
In consideration
for renting the Equipment, I agree as follows:
(1) to
waive any and all claims that I have or may have in the future against the
Releasees, and to release them from any and all liability for any loss, damage,
expenses or injury including death that I may suffer, or that my next of kin
might suffer, resulting from my rental and use of the Equipment due to any cause whatsoever, including
negligence on the part of the Releasees;
(2) to hold
harmless and indemnify the Releasees from any and all liability from any damage
to property or of personal injury to a third party resulting from use of the
Equipment;
(3) that this
agreement will be effective and binding on my heirs, kin, agents and assigns;
(4) that if any
part of this agreement is held by the Courts to be invalid or unenforceable,
the remainder shall be given full force and effect.