WAIVER AND RELEASE OF LIABILITY
In consideration of being permitted to rent and use the equipment, products, and/or services provided by the Company (hereinafter referred to as "the Company"), I, the undersigned, hereby agree to the following terms and conditions:
1. ASSUMPTION OF RISK. I acknowledge and understand that the use of rental equipment and related activities involves inherent risks, dangers, and hazards, including but not limited to physical injury, property damage, or other losses. I voluntarily assume all risks associated with the use of the equipment and participation in any activities.
2. WAIVER AND RELEASE. In consideration of the Company allowing me to rent and use their equipment and services, I, for myself, my heirs, executors, administrators, legal representatives, assigns, and successors in interest, hereby release, waive, discharge, and covenant not to sue the Company, its owners, officers, directors, employees, agents, representatives, volunteers, and insurers (collectively, the "Released Parties") from any and all liability, claims, demands, actions, damages, costs, and expenses of any kind or nature, whether known or unknown, arising out of or related to my use of the rental equipment or participation in any related activities, including claims arising from the negligence of the Released Parties.
3. INDEMNIFICATION. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from my use of the rental equipment or my participation in any related activities.
4. CONDITION OF EQUIPMENT. I agree to inspect all equipment prior to use and to immediately notify the Company of any defects or damage. I accept full responsibility for the safe and proper use of the equipment and agree to return it in the same condition as received, normal wear and tear excepted.
5. INSURANCE. I acknowledge that I am solely responsible for obtaining any insurance coverage I deem necessary for my protection and that the Company does not provide personal injury or property damage insurance coverage on my behalf.
6. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the applicable jurisdiction. I agree that any dispute arising out of or related to this Agreement shall be resolved in the courts of the applicable jurisdiction.
7. SEVERABILITY. If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD THIS WAIVER AND RELEASE OF LIABILITY, THAT I AM SIGNING IT VOLUNTARILY, AND THAT I INTEND TO BE LEGALLY BOUND BY ITS TERMS.
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