RENTAL, ACKNOWLEDGMENT OF RISK, AND WAIVER AND RELEASE OF LIABILITY AGREEMENT
This Rental, Acknowledgement of Risk, and Waiver and Release of Liability Agreement (“Agreement”) is intended to be a legally binding document. Read this waiver carefully and completely. You may wish to consult an attorney to obtain advice about this document. By your signature on this Agreement, you indicate your acceptance of all terms and conditions below.
Winter Wear Rentals, LLC (the “Company”) agrees to rent certain clothing and apparel identified above (the “Equipment”) subject to the terms and conditions of this Agreement.
All persons renting and/or using rented Equipment are required to sign and agree to the terms of this Agreement prior to use of Equipment. The Company shall at all times retain ownership and title to the Equipment.
IN CONSIDERATION of, and as an express condition to, rental or use of the Equipment from the Company, the undersigned hereby agrees to the following:
- The undersigned acknowledges that the Equipment has been examined and that it is in good condition except as otherwise specified above. The undersigned accepts the Equipment AS IS, with no warranties, express or implied. When engaging in the rental or use of the Equipment, the undersigned agrees to accept all responsibility to maintain the condition, whereabouts, and control the usage of all of the Equipment and to pay all repair and/or replacement costs for any damage or theft that may occur to the Equipment.
- The undersigned agrees to return the Equipment on the time and date specified above. If the Equipment is not returned by the time and date specified above, the undersigned agrees that the Company has authorization to charge the credit card on file the then current daily rate, plus a daily late charge of $25.00 per item (collectively, the “Late Fees”), until the earlier of: (a) such time as the Equipment is returned and inspected for damage; or (b) such time as the Late Fees total the replacement costs for the Equipment set forth in the attached Addendum. If the undersigned returns the Equipment in a damaged state as determined by the Company in its sole discretion, the undersigned shall be responsible for the repair costs as set forth in the attached Addendum. If the undersigned returns the Equipment in a state that is damaged beyond repair as determined by the Company in its sole discretion, the undersigned shall be responsible for the replacement costs of the Equipment in the amount per item as set forth in the attached Addendum. The undersigned agrees that the Company has authorization to charge the repair costs and replacement costs to the credit card on file.
- The undersigned understands and agrees that skiing, ski boarding, snowboarding and other winter sports (collectively, “Recreational Snow Sports”) are hazardous activities that injuries from various causes are an inherent risk of participating in these activities, and that injuries to any or all parts of my body are a common and ordinary occurrence during these activities. The undersigned freely ACCEPTS AND ASSUMES ALL RISK OF INJURY OR DEATH that may result from these Recreational Snow Sports, or which relate in any way to the use of the Equipment.
- To the fullest extent allowed by law, I, the undersigned, on behalf of myself, my heirs, representatives, successors, executors and administrators, hereby agrees to RELEASE FROM LIABILITY the Company and all of its officers, directors, members, managers, employees, agents and other affiliated individuals or entities and their successors in interest (collectively “COMPANY ENTITIES”), from any from any and all claims, causes of action, damages, expenses, demands and liability of any kind or nature whatsoever arising out of or in any way related to or demands (a) undersigned’s participation in the Recreational Snow for which the Equipment is provided; or (b) undersigned’s use of this Equipment. Undersigned agrees that this release shall be interpreted as broadly as possible under Colorado law.
- To the fullest extent allowed by law, I, the undersigned, on behalf of myself, my heirs, representatives, successors, executors and administrators, hereby agrees to INDEMNIFY, REIMBURSE AND DEFEND THE COMPANY ENTITIES, or any of the them from and against any and all claims, liabilities, damages, expenses or demands (including reasonable attorney’s fees and costs) which may be made against or suffered by the Company Entities as a result of (a) undersigned’s participation in the Recreational Snow for which the Equipment is provided; or (b) undersigned’s use of this Equipment. Undersigned agrees that this indemnification shall be interpreted as broadly as possible under Colorado law.
- This Agreement shall be interpreted in accordance with Colorado law. Jurisdiction and venue for any legal action arising from this Agreement shall be in Summit County Colorado District Court. If any provision of this Agreement is held unenforceable, the offending provision shall be modified to the minimum extent necessary to render it enforceable in accordance with the intent hereof and the remaining provisions shall continue in full force and effect. This Agreement shall remain in full force and effect from and after the date of execution. This Agreement contains the full, complete and integrated understanding of the parties hereto and supersedes any and all other agreements, whether written or oral, regarding the subject matter hereof. This Agreement may be modified only in writing, executed by both parties.
I, AS THE UNDERSIGNED (OR, IF THE UNDERSIGNED IS UNDER THE LEGAL AGE OF 18, THE UNDERSIGNE’S LEGAL GUARDIAN), UNDERSTAND THAT BY AFFIXING MY SIGNATURE BELOW I HAVE READ, UNDERSTAND AND AM EXPRESSLY AGREEING THAT I ACKNOWLEDGE AND ACCEPT ALL RISKS ASSOCIATED WITH RECREATIONAL SNOW SPORTS AND USE OF THE EQUIPMENT AND I AM RELEASING THE COMPANY ENTITIES FROM ANY LIABILITY RELATED TO MY PARTICIPATION IN THE RECREATIONAL SNOW SPORTS AND USE OF THE EQUIPMENT, AND INDEMNIFYING THE COMPANY ENTITIES FOR ANY CLAIMS, LIABILITIES, DAMAGES OR DEMANDS, MADE BY ME OR ANY PARTY USING THE EQUIPMENT. I HAVE READ THE FOREGOING AGREEMENT AND FULLY KNOW AND UNDERSTAND ITS CONTENTS AND ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS. THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON MY HEIRS, NEXT-OF-KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES, IN THE EVENT OF MY DEATH OR INCAPACITY.